Apartment for sale, the owner of which is a minor
Minors can be the owners of the apartment. However, because of their age, they do not have the right to dispose of their property independently. The question arises: is it Possible to sell housing if the owner is a minor?
It is necessary to know that the law does not prohibit such real estate transactions. However, it is essential that all requirements are met. The interests of the child may be represented by parents or guardians. And such transactions are almost always possible only with the permission of the guardianship authorities (PLO)
When sale is possible
Sell an apartment in which the owner (or one of them) is younger than 18 years, it is possible under the following conditions:
* the child receives another housing or a share in it, similar to the one that had before (in terms of footage and quality);
* the transaction must be approved by the PLO.
There are cases when the sale is possible and the deterioration of living conditions in another apartment. Bodies of guardianship and guardianship issue such permission if:
* the money received from the sale of housing goes to the child's treatment;
* the minor moves to the most favorable climatic zone for his health;
* the money will be spent on training in a specialized institution, which is not in this city.
Features and nuances
If the child is less than 14 years old, the documents are signed for him by his parents or guardian representing his interests. A child over the age of 14 must be present at the time of the housing transaction and sign the documents themselves. But in any case, dispose of housing himself, he can not yet. To sell you need to get permission from the PLO.
If you sell such an apartment, you must immediately notify the buyer that the owner is a minor. Otherwise, a person who wants to buy a house, can perceive it as a Scam.
In some cases, the sale of an apartment with a minor owner does not require the permission of the PLO. This category includes:
* departure of the family for permanent residence in another country;
* moving to another city (requires parental guarantee that the child will receive a share of the same housing conditions);
* purchase of housing in the house under construction, when the project is in the final stages (it is necessary that the child was registered elsewhere).
When selling an apartment owned by a minor, there are many nuances. For competent registration of the transaction it is necessary to consider each of them. Therefore, it is better to contact a lawyer who will help you competently carry out such a sale.
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