How to sell an apartment if it spells out underage children
Quickly sell the apartment in which it is registeredunderage 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 spells out underage children. In this case there may be two options, depending on the form of ownership - privatized or municipal.
Sale of a privatized apartment
To collect and submit the necessary documents, it is important to consider whether the child is the owner of this living space or owns only a part of it.
To prescribe a child, you will need:
Official written permission from the guardianship authorities for any real estate transactions (including for gift or exchange). You need to have it on hand before entering into a sales contract.
If the child owned part of the privatizedhousing, then when buying a new apartment, its share should be equal. Provided that the child does not have his own part on the new living space, the parents are required to put an amount equal to its value to the child's personal account in the bank.
Written permission of the guardianship service representative.
Certificate from the passport office about the persons registered in the apartment.
Parents or guardians, even when in divorce,should together with the child come to the guardianship authorities and provide a certain package of documents in order to obtain further permission to sell. You will need to provide originals and copies: a certificate from the passport desk about the persons registered in the apartment, a certificate of ownership of the property, a technical passport of the apartment, documents of the parents and the child (passports and birth certificates).
Further parents and the child will need to write an application for the sale of the old and the purchase of new housing.
After obtaining permission, the contract for the sale of an apartment with a minor child is made in the Registration Chamber. And only after that you can prescribe a child.
If the child is not the sole ownerreal estate that you wish to sell, a written permission for the operation is not required. You will only need to provide documentary evidence that the child is already registered on the new living space with one of the parents.
How to sell a municipal apartment
Many believe that selling a non-privatizedHousing, especially if it prescribes children under 18, it is impossible. 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 write a child out of a municipal apartment with a view to selling it, you need:
To take in the guardianship authority a certificate of the persons residing in this housing estate.
In the account department of the passport office get a personal account.
Provide a package of documents to the guardianship authorities,to obtain permission to extract and further sale of the apartment with a minor. You should have: a certificate from the passport desk, a contract for hiring a dwelling, a birth certificate (or passport) of the child, a parent's passport, a personal account, technical passports of old and new housing, and a certificate of ownership of a new property. Next, you will need to write a statement on the child's discharge.
Be sure to remember that if you are going tobuy an apartment, check all documents and ask the seller to provide you with information about minor children who may be registered in it. This will help you in the future to avoid problems with the law or become a victim of scammers.
