How to sell the apartment where the child is registered

Minors are incompetent and are under state protection in the face of bodies of guardianship and guardianship. Sale of property registered children has its own individual characteristics, not observing that the transaction be invalidated.

You will need

• notification of guardianship;
• the custody ruling.

Instruction

1. If you are going to sell the house, you first need to prepare all the documents. Among the documents for the transaction of purchase and sale must be extract from the house register, confirming that all residents in the apartment citizens are discharged.
2. If among the registered citizens were minors, incapable or partially capable persons, you must obtain the decision of bodies of guardianship and guardianship on the sale of housing (article 26, 28, 28, 30 of the civil code).
3. If the person was only registered to your living space and not owned, then by law they have the right to prescribe the parents, guardians or legal representatives, without permission in custody. But judicial practice shows that in the case that you will submit the application to the court for illegal deprivation of the living area of citizens, the court will be on their side and will make a decision on the forced restoration of the registration.
4. In this case, your buyers can file a counter-statement on the recognition of the transaction of purchase and sale illegal and to demand the return paid for housing money and to pay moral and material damages (статья2965, 3075, civil code). Therefore, in order to avoid problems all the same will receive a decree of guardianship.
5. If minors are recorded in the number of owners, when selling an apartment is mandatory to receive a decree of guardianship and guardianship. You will not give a document as long as you do not submit the ownership certificate in the name of these people confirming that you bought a house in their name equal share of ownership in the selling apartment or put the money into a Bank account and the amount corresponds to the share of the property of minors.
6. To put money into the account, if citizens take into public care in nursing homes, orphanages or other state institutions. If you want to give minors the owners not following the law, then the transaction will be legally "dirty" and illegal.
7. The only exception to the rule is the discharge of minors without the consent of bodies of guardianship and guardianship, if the registration was temporary.
8. All the rest of the clearance sale is no different from the usual. You get cadastral documents, an extract from the house register and a personal account, notarized permission from all the owners, enter into a contract of sale, constitute an act of acceptance and register of ownership rights to buyers.