How to sell an apartment, if it has registered minors
Quickly sell the apartment, which spelled out minor children, you will not succeed. The fact is that the rights of children to their own property are protected by the Civil and Housing Code, as well as by the guardianship authorities, so you can not simply write out of the apartment and sell it. In order to carry out the sale, first you will have to provide the relevant authorities with information about the new residence permit of the child, and the employees of the service will check the living conditions of the new place of residence. By the rules, they should be no worse than the previous ones.
In this article we will tell you how to sell an apartment, if it spelled out under-age children. In this case there may be two options, depending on the form of ownership - privatized or municipal.
Sale of privatized apartments
For the collection and submission of the required documents, it is important to consider whether the child is the owner of this living space, or owns only part of it.
To write down the child, you will need:
- Official written permission from the guardianship on any real estate transactions (including, for donation or exchange). You need to have it on hand prior to the conclusion of the contract of sale.
- If the child owned part of the privatized housing when buying a new apartment, his share should be equivalent. Provided that the child will own part in the new housing, parents are obliged to put an amount equal to its value, on account of the child in the Bank.
- Written consent of the representative of service of guardianship.
- Help with passport on prescribed persons in the apartment.
- Parents or guardians, even when divorced, should work together with the child to the guardianship and to provide certain documents to obtain further permission to sell. You will need to provide originals and copies of: the certificate from the passport office on prescribed persons in the apartment, certificate of real estate ownership, technical passport of the apartment, the documents of the parents and the child (passport and birth certificate).
- Further, parents and child will need to write the statement for sale of old and purchase of new housing.
- After receiving permission, the contract for the sale of apartments with an underage child is registered in the Registration chamber. And only after that you will be able to discharge the child.
- If the child is not the sole owner of the property you wish to sell, written permission for the operation is not required. You only need to provide documentary evidence that the child is already registered on the new housing, together with one of the parents.
How to sell a municipal apartment
Many believe that it is impossible to sell non-privatized housing, especially if children under 18 are registered in it. But this is not so. Just for the operation you need a slightly different package of documents. In addition, you will immediately register a child in a new place of residence with one of the parents. Important point: according to the law you can not get a child out of the house, where he had a separate living space and register in the hostel. You must prove that the child will be registered at least under similar conditions.
To discharge a child from a Council flat for the purpose of its sale you need to:
- To take custody of authorities information on persons residing in this housing.
- In the accounting Department of the passport office to account.
- To provide guardianship documents, to obtain permission to be discharged and further the apartment with a minor. You need to have: a certificate with the passport, the contract of employment to housing, birth certificate (or passport) of the child, the parents ' passports, account, technical passport of the old and new housing and the certificate of ownership on the new property. Then you will need to write a statement about the statement of the child.
Be sure to remember that if you are going to buy an apartment, check all documents and ask the seller to provide you with information about underage children that may be registered in it. This will help you in the future to avoid problems with the law or become a victim of scammers.