How in an apartment to allocate a share to the child?

Each member of the family has the right to own and dispose of property, most importantly, that the interests of the other persons are not violated. Often set special modes of operation, so that the stay remains comfortable. Is it possible to allocate a share in an apartment to a child? This procedure is carried out, it is only necessary to carry it out on the basis of the norms of the law.

A share is called a piece of real estate. It can be one room or certain square meters. Shares are sold, registered as inheritance, leased. And the right to it has only the owner. Separate attention deserves registration of a share to the child, as minors have on it the right under the law. And because of any violations, there comes the responsibility provided for by law.

Basic Provisions

If the apartment is in a share, then it will be divided in kind. By this term is meant a room isolated from the rest. He has a separate entrance. To the room you need to connect engineering networks. It will also require electrical, water, gas pipeline communications. The share is considered a kind of private property.

How to allocate a share in an apartment? This is possible only with 2 options:

1. Peace agreement between residents.
2. Judgment if there is no agreement between the owners.

When is it necessary to allocate a share to children?

Can I give a child a share in the apartment? Such procedures are rarely carried out. Their main purpose is:

1. Protection of the legal rights of minors.
2. Choosing a convenient method of operation for all premises.
3. Using maternity capital, if housing is bought.

Documentation

Before you learn how to allocate a share in an apartment for children, you need to prepare the following list of documents:

• statement;
• Receipt of payment of state duty;
• Certificate from the place of residence;
• Certificate of family composition;
• Contract of purchase or sale;
• Certificate of ownership.

Process Features

There are some rules regarding how to allocate a share in an apartment. For controlling organizations it is necessary to prepare the original documents. Also, copies for all participants of the transaction will be required. It is important to keep receipts for payment.

There is an opportunity to apply to a notary to prepare an agreement on the basis of all the nuances. If there are no disputes on the issue, the procedure is carried out by Rosreestr, where the documents are submitted. It takes at least a month.

Appeal to the court is required in case of disputes, conflicts. The shareholding is registered by Rosreestr from the moment the decision is made by the court. Sometimes it takes up to 3 months. From all owners of property, divided into shares, it is necessary to obtain consent to the fact that the part became the property of the child.

When buying an apartment in a mortgage, the maternity capital

Is it possible to allocate a share in a mortgage apartment? This is done under a gift agreement, if it is necessary to transfer part of the room to the child. The debt is paid by the means of the parent capital.

The contract is formalized after the removal of the encumbrance from the apartment. It is necessary to obtain consent from the guardianship authority and the bank. Parents will be the legal representatives of the child. Such a procedure is provided by law.

How to allocate a share from a room in an apartment?

To perform the procedure, you will need:

• Certificate of ownership;
• Certificate of registration;
• Characteristics of housing;
• The passport on the real estate;
• Certificate from the Unified State Register of Trade Unions;
• Paper on the property.

Set the order of housing management will be through the court, because to allocate a room it is rarely possible to draw up a peace agreement. The decision of the issue begins with the preparation of the claim.

It is necessary to make a requirement to determine the value of each part. Documents must be brought to court. From BTI invite a specialist who performs the examination. The event is necessary even for the evaluation of the room, which is in the communal apartment. Results are provided to the court.

Allocation of natural shares in houses

The procedure is carried out voluntarily or in court. If the owners have reached an agreement, then they need to formalize the contract in a standard form. In the second case, the court issues a decision. If the answer is positive, then an optimal decision is chosen based on the interests of the parties.

Experts perform several functions:

• Determine the value of shares;
• Set the scope of work;
• Fix the level of wear of the building.

If the section can not be executed, then each owner is entitled to compensation. To do this, you need to know the market value of the premises.

Sale of apartments with shares of children

Initiate this procedure, parents or persons replacing them. Transactions are made to improve living conditions. It is important that the decision is unanimous. This applies to all persons residing in the premises or registered therein at the date of sale.

In advance it is necessary to obtain consent from local bodies located at the place of residence. Guardianship and trusteeship provide information to one parent if the place of residence of the other is unknown. In other cases, the presence, permission of each parent is necessary. Each former member of the family must write a statement. The body of care takes into account the opinion of all.

When it's possible?

Sell an apartment in this case, you can only if you allocate a share to children in another apartment. The premises must comply with the requirements of the law, technical and sanitary standards.

The transaction is executed when certain conditions are met:

1. The location of the new premises is the same as that of the old one. That is, it is important to be in one village.
2. The new premises are located in the area with developed infrastructure.
3. New conditions are better than old ones.
4. The new share corresponds to the old share in the area and market value.
5. Bought an apartment in which the child can be put on the register.

Often, the guardianship authority is granted permission to execute the transaction, if the child is issued a bank account.

Allocation of a share in the housing under construction

How to allocate a share in an apartment if the object is not completed? If children are not listed in the list of homeowners, then this should be done before the sales document is received. For this, it is necessary to draw up an agreement on the assignment of the rights and obligations of the interest-holders. In the new paper, the names of the children are recorded. The contract is submitted to the Rosreestr authorities for registration.

Registration of shares for children

How to allocate a share in an apartment to a minor? During the donation, sale and purchase procedure, a guardian must be present. With such a transaction, a tax is paid if the function is not performed by a direct relative. When preparing the documentation, it is necessary to focus on:

1. Tom, that the spouse has given permission for clearance.
2. Description of the area - number of storeys, address, repair.
3. All information about the representative of the child.
4. Address.

This information allows you to understand how to allocate a share in an apartment to a minor child. After that, he becomes the same owner of the room, like everyone else.

Recommendations for owners

Joint ownership is established in the event that several persons claim to own the premises. The procedure is carried out voluntarily or by agreement, as well as by a court decision. The shares will be equal if none of the above methods can be used.

The shares in the property are established in different situations if possible. For example, a studio apartment is not divided into several owners. Then the court determines what compensation is put to each person. The main thing is that after the sale the living conditions of the child should not be worse than they were.

If there are difficulties as to how to allocate a share in an apartment, then you can apply to a lawyer. A notary can also help. He will determine whether the procedure can be carried out. He will execute the documents.

Responsibility for non-performance

Now there are no normative documents establishing which bodies should monitor the fulfillment of obligations to allocate a share. Also, nowhere is it fixed what kind of responsibility lies on the person who signs such an obligation.

But still you need to take the document seriously. There are many precedents, when the perpetrators were brought to justice, including the criminal. The consequence can be the recognition of the transaction as invalid. For example, after paying a loan, the shares for children are not registered, but the apartment is sold. By a court decision, the transaction is terminated, and the money is transferred to the seller. Any person who is interested can be a plaintiff.

Initiate the procedure for cancellation of the transaction will be obtained from the child at the age of 18, for example, if he did not receive his share. The plaintiff is the PF and the prosecutor's office. In the regions, inspections are conducted by the state bodies of the PF, guardianship and the prosecutor's office. Violators are held accountable. Therefore, you do not need to save on the allocation of shares.

The realization of the housing rights of children is guaranteed by law. If something is not done, then the disputes are decided by the court. According to Part 2 of Art. 65 SK SK RF the place of residence of children in separate housing is determined by parents on the basis of an agreement. In the absence of a treaty, this court is established with due regard for the interests of the child. The law protects the right of children to housing, so no one has the right to be removed from the register, deprivation of property. Therefore, when moving a family, the share in the premises must be allocated necessarily.