In this question first is the value of the actual residence of the minor. For example, if the parents are divorced and the child lives with one of them in a Council flat not in the place of their residence, should be guided by article 20 of the Civil code of the Russian Federation. It States that the place of residence of children who are under 14 years old, is the place of residence of their representatives at law of the adoptive parents, guardians, and parents. Consequently, the basis for the statement may be the fact that the child is not domiciled at the place of residence.
In that case, if the child is registered in apartment of one of their parents, as housing is privatized, keep in mind some points. In the apartment the minor child is also a member of the family of the owner of the premises. And therefore has all rights of use of living space – exactly the same as its owner. In this situation to discharge the child from the apartment is possible only on the basis of a court decision, and the owner will have to make a claim.
It is very difficult to justify and carry out the procedure of discharge of minors from the apartment with a larger area in the smaller, as the court may deem this decision as a violation of the rights of minors. In that case, if the minor already is the owner of the premises, he has a share in the housing, then even the closest relatives, parents, at discharge, the child will experience great difficulties.
Thus, in all cases, where the court considered the case of eviction from housing minors, are taken into account many aspects and circumstances. The court may decide to save for a child's right to use the housing for an indefinite period. Or even to adjudge in favor of minors and to refuse eviction. Extract children with the living area – a complex and demanding procedure, and we can not do without a competent and qualified legal assistance.