How to prescribe a minor child from an apartment. Documents for an extract from the apartment

You decided to sell, exchange an apartment or a house, but in the process of registering a transaction, they faced the problem of how to write out a minor child from an apartment? In this case, our information will be very useful. The article will tell you how to avoid possible problems and resolve this issue as quickly as possible.

The main thing in this issue

Before issuing a minor child from an apartment, you need to find out and determine the actual place of residence of a minor person. After all, basically the child lives where his parents or legal guardians. If the actual residence coincides with the residence permit and, moreover, the housing is privatized, you can go directly to the process. According to the Civil Code of the Russian Federation, such an extract is handled by the court. In order to resolve this issue, it is necessary to collect the documents established by law and file an application, which is considered in the court session.

Documents for an extract from the apartment

1. Application for de-registration from the place of residence. Get it you need at the passport office and fill it with your hand. The following fields are necessarily filled in the form:

• A surname, a name and a patronymic;
• Date of registration;
• The address of the new residence permit;
• Date of filling in the form and signature.

It is considered within 3 days from the date of filing.

2. The passport. It is necessary for the employee of the passport desk, who will carry out the extract itself.

3. Birth certificate. It is necessary if the child is not yet 16 years old.

4. Military ticket. For men under 40, the extract is always agreed with the military enlistment office. Please note that there must be a note in the ticket about deferment of service or unfitness for health.

5. A house book upon discharge from a private home. The entry in it is made by the employee of the passport office.

6. Documents that confirm the ownership of housing.

In some cities, you may need other documents, which you will find out about at the passport office.

Some nuances

If you actually live in another city and do not have the opportunity to independently write a minor, a proxy can do it for you . He must have notarized documents: a power of attorney, a statement, a birth certificate of the child and the original of your passport.

When you receive a passport after the discharge statement, you will be given a leave sheet, which is mandatory for a new residence permit, which must be completed within a short period. If the time limit is violated, a fine may be imposed if you can not give good reasons for what happened. These include: a long trip for the city, illness, sale or purchase of housing, etc.

Problems with discharge

1. Extract is from housing with a larger area in a smaller apartment. The Board of Trustees can see in this variant infringement of the material rights of the minor and not give permission for discharge. In order for this move to not look like this, you can resort to one option, which will be discussed below.
2. If the registration of a child changes the area of a new residence permit. According to the law, the baby can not be transferred to another kindergarten or school without his consent, since this can affect the child's psychological state. The council will talk with the child for a long time before giving permission.
3. One of the parents is against the child's discharge. If the mother and father live separately, and there are problems in finding one of the parents due to the lack of any information about his whereabouts. The law provides for certain exceptions when consent is not required: deprivation of parental rights, the status of the missing person, the absence from the moment of the birth of the child, in the event of death.

This is not all the nuances and complications that may arise in resolving this issue: "How to write a minor child out of an apartment?" Therefore, the best option is to contact a specialist who will help correctly formulate an application, prepare a full package of documents, and quickly and promptly solve All problems.

How to write out a privatized apartment

Child?

In this case, two scenarios are considered: if it is registered before or after privatization. The main reason for discharge before privatization is the removal of parents who lived with children. In the second case, the child should be provided with a living space comparable to the previous one. This is a prerequisite for the guardianship agencies not to violate your plans related to the move. Try to make a reservation with them in advance. To do this, prepare a full package of documents and, most importantly, information about the new place of residence, which the council will need to give permission. If this is not possible, and for some reason your new housing will have a smaller living space, you should not worry, because there is also a legal solution from this situation. For this, when buying a two-room apartment for a family consisting of three people, housing should be designed for only one parent and child. At such registration the amount of living space of a minor will increase. It is better if the consent of the commission is set out in writing.

Another variant

Now let's talk about how to write a minor from a municipal apartment.

The easiest way to resolve this issue is to provide documents to the court that will prove the non-survival of the child in your living space. For this purpose, extracts from the kindergarten or school, medical institution, etc. are suitable. If the child lives with you, the main argument for the discharge will be the provision of information about the new place of residence.

Statement of sale

When selling any apartment, the actual issue remains the removal of residents from the registration desk. There are two options for resolving the issue: before the sale transaction or after the transaction itself.

When selling a home, the buyer always wants the former tenants to be discharged before the transaction, but if there are any problems and the contract does not end, it will take a long time to restore the old residence permit. Therefore, most often the seller tries to write out only after the transaction is fully completed. On this in the legislation there are deadlines, this time is prescribed in the contract of sale of any housing. If, for some reason, the extract did not take place, penalty is paid for each day of delay. Therefore, to comply with all clauses of the contract, try everything.

Description of the procedure

The algorithm of how to prescribe children when selling an apartment is as follows:

• You need to write an application and file it for registration at the passport office at your new place of residence;
• To the application you need to attach a personal passport, in which there is a note about your kinship with the child, the certificate of the birth of the baby and the documents that are title to the apartment;
• The passport will be returned within 3 days already with a note on registration at the new residence address.

Documents for an extract from the apartment must be in the original, photocopies are not allowed.

General Instruction

With the urgency of the question of how to prescribe a child, you will need the following instruction, having studied which you can get answers to many questions:

1. Contact the FMS department at your place of residence. You must have a passport and a birth certificate of your child. There you must write a statement on the need to issue a minor with an indication of the reason.
2. If you live in another city, then in the office of the FMS you need to write a registration application. Extract will be automatically held for 2 months, this will be done directly by the authorities.
3. An extract can be made by a trustee who will contact the migration service for you. Documents must be registered with a notary. In addition to your documents, he needs to provide his passport.
4. When the apartment is privatized, and the child has a part in it, documents that indicate the new place of residence or the account in the bank with the amount equal to the share from the sale of the apartment are submitted for de-registration. These documents are needed by the guardianship committee to issue a permit for discharge.
5. A court can issue a minor from the apartment of a minor, having made a definite decision on this issue, if there are documents confirming that he does not live at the residence address.

Registration of a child

The above information will tell you about legal ways how to write out
A minor child from the apartment, now we will discuss the registration.

To register you will need the following documents:

- house book of the apartment;

- Birth certificate of the child;

- Passports of parents.

Fundamental rules

1. If the child was just born, there are no problems, it is automatically registered at the place of residence of one of the legal parents. In this matter, the consent of the owner of the apartment or other tenants is not required. All documents for registration are the passport of the parent in whose territory the child will be registered and the written consent of the second parent. Remember that a newborn should be registered within 10 days from the date of birth. After this period, parents will pay a fine, stipulated by the legislation of the country, the size of which depends on the period of absence of registration.
2. It is against the law with living parents to register children in the territory of other relatives if at least one of the parents does not live there. This rule applies to all minors under the age of 14 years. If the parents are registered at different addresses, by mutual agreement it is decided, in whose territory their child will be registered.
3. The bulk of documents are taken in the housing office, because they have all the necessary information about the apartment. When registering a newborn, the certificate of his birth must be in the appropriate bodies for several days and will be given already with a note on the residence permit.
4. It is important to remember that when registering a new tenant, the rent increases, because it is calculated on the number of people registered in the apartment. Change of residence is possible only after reaching 16 years.
5. When the parents are divorced, the question of residence permits is decided either by the consent of the pope and the mother, or by the courts. In most cases, the baby is prescribed to the mother, but if there is information that she infringes on the rights of the minor, he will be prescribed to the father. To resolve this issue, ask for help from a good lawyer. After all, the law provides for the protection of children from unlawful actions of adults.

Now you know all the information about how to write out and register a minor child, we hope that it will help to resolve this issue quickly and without problems.