How to arrange real estate for a child - Mayak Real Estate Agency
Parents or guardians may decide to issue real estate for a child for various reasons. Most often, an apartment is registered for a minor in order to provide him with his own housing in the future and to avoid repeated procedures with re-registration of the living space. Let's consider in more detail whether it is possible to issue real estate for a child, in what ways it can be done, what documents are required for such a procedure and other important nuances.
Is it possible to arrange an apartment for a minor child?
The legislation of Ukraine allows the possibility of registering an apartment for a minor (up to 14 years old) or a minor (up to 18 years old) child. There are no age restrictions in this case. A child can become the owner of an apartment both at 3 months and at 17 years.
Minors can accept real estate as a gift, as an inheritance, or become the owner by concluding a sales contract. But it is important to understand that all these transactions with property are strictly controlled by the state, in particular by guardianship and guardianship authorities.
In most cases, a child becomes the owner of real estate in the following ways:
By donation. Parents can simply gift an apartment or a house to their child and formalize it with the help of a special gift agreement, which must be signed by both parties.
Through inheritance. If the parents have real estate and want it to be inherited by the child, then a will is drawn up. At the same time, the child will be able to become the owner of this property, i.e. get the right to own it, only after the death of the testator.
Regardless of the chosen method of transferring ownership rights, if it is a minor child, then in any case, the permission of the guardianship and guardianship authorities will be required. The donation contract or will must be notarized by a notary public. Also, the transfer of ownership must be registered in the State Register of Rights to Immovable Property.
Is it possible to buy an apartment for a child?
Another popular method of arranging an apartment for a child is its purchase. A father or parents choose real estate, but at the same time conclude a contract of sale not for himself, but immediately for a minor son or daughter. Such a solution can be more convenient, simpler and more profitable than purchasing a residential area for one of the parents, and later re-registration for an adult child.
Why choose a method of decorating an apartment for a child:
there is no need to make a gift or make a will;
there are no risks associated with the division of the apartment if the parents decide to divorce;
there is no possibility that third parties (relatives) will claim the apartment during the division of the inheritance.
When buying a house in the name of a child, you can be sure that it belongs to her from the very beginning, that is, the real estate is more protected from alienation or use by third parties. But there is a nuance - it will be possible to rent out, sell or carry out other operations with this real estate only with the permission of the guardianship and guardianship authorities.
A child gets the right to dispose of his apartment from the age of 14. Up to the age of 18, she can do this with the written consent of her parents and guardians. Upon reaching the age of majority, the owner will be able to dispose of the property freely and at his discretion.
Is it possible to issue a gift for a minor child?
As already mentioned above, the registration of a gift deed is one of the ways of transferring ownership rights to real estate to a minor child. If desired, the donor can specify special conditions in the donation contract, for example, a ban on the sale or exchange of living space before reaching the age of 18.
It is important that the donor is the owner of the real estate. For this reason, it will not be possible to gift an apartment that was bought with a mortgage or in installments, and the amount of the debt has not yet been repaid, since this property is actually owned by a bank or another mortgagor.
The main stages of issuing a gift certificate for housing for a minor child:
Guardianship and guardianship bodies consider the request for the gift of real estate to the child, give a positive decision if there are no objections, in particular from the parents/guardians/adoptive parents.
A donation contract is drawn up. This procedure should be carried out with the support of a lawyer, so that in the future the agreement cannot be declared illegal, for example, if other claimants-heirs appear.
The donation contract is bilateral. If the child is a minor, that is, he is under 14 years old, then the legal representatives sign the document on his behalf. It can be both the parents themselves, and adoptive parents or guardians. A minor child, i.e. aged 14-18 years, has the right to sign the contract independently, but necessarily with the signature of the parents. When all the documents are checked, the parents and the child will be able to get their hands on the certificate of ownership of the donated housing area.
Until the child is 18 years old, only parents (adoptive parents, guardians) can dispose of donated real estate with the consent of guardianship authorities. Later, by law, this right passes directly to the owner, i.e. the adult child.
What documents are needed to issue an apartment for a child?
When a decision is made to buy, gift or bequeath real estate to a minor, a whole package of documents will be needed. Here's what you need to prepare:
passports and identification codes of parents/guardians/adoptive parents;
birth certificate and identification code of the child (a passport can be used instead of a birth certificate, if the child has already turned 14 years old);
a certificate of the place of registration of a minor child;
legal documents for real estate;
technical passport for the residential area certificate of persons registered in the apartment; notarized permission to carry out the operation from parents (adoptive parents, guardians);
consent of guardianship and care authorities.
In the case of concluding a gift contract, it is necessary to obtain the written consent of the guardianship and guardianship authorities or representatives of the child to accept the gift and draw up the contract. You will also need the passport and TIN of the donor, a certificate of family composition and certificates of registration of children's place of residence (if there are children).
In case of inheritance of a minor, a certificate of the testator's last place of registration and his death certificate must also be added to the main package of documents. A will and inheritance documents are also required.
Is it possible to sell an apartment that belongs to a child?
Sometimes parents decide to sell an apartment designed for a child, for example, in case of moving or if they want to buy a larger living space instead. Regardless of whether the minor child is the sole owner or only owns a share of the property, this agreement applies to the minor child's interests. This means that guardianship and guardianship authorities must be involved in the sale process.
The first stage - parents turn to the guardianship authorities for a thorough check, as it is important to make sure that the child is left with nothing. Parents (guardians, adoptive parents) will have to confirm with documents that the child, for whom the apartment has been put up for sale, will instead receive real estate no worse than the previous one. Most often, such transactions are carried out at the same time: the sale of one apartment and the purchase of another are executed. It is important that there is no gap in time. This is the only way to protect the interests of the child and obtain consent for the operation from the guardianship authorities.
Registration of real estate for a child can be a profitable and convenient solution, but it is important to take into account all the nuances and protect the interests of the minor. At first glance, it may seem that it is not easy to arrange an apartment in such a situation, but in fact, with the support of an experienced lawyer, it is quite possible to go through this procedure easily and quickly. You can turn to the "Mayak" real estate agency for help, which employs not only realtors, but also lawyers and a notary public. The agency's specialists will tell you the best way to re-register the property and what documents are needed, and in the case of buying an apartment, they will help you choose an object and accompany the client at every stage of the transaction.
