Often, when buying real estate, we begin to immerse ourselves in everyday hassles and are not at all prepared for further difficulties. We are concerned with arranging our new home, but not with legal formalities.
Meanwhile, previous residents may remain registered in the apartment, including minor children, who are not so - they can simply be discharged. Let's figure out whether the law allows you to do this, and if so, in what situations.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-47-82. It's fast and free!
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- Can a minor child be discharged from an apartment to “nowhere”?
- If he is the owner
- If the apartment is privatized
- If the apartment is municipal
- Is it possible to remove a minor child from the owner’s apartment? How to do this without his consent and legally?
- What the law says
- Does the owner have the right to remove a child from his apartment?
- Procedure
- Extract through court
- How to obtain permission from the guardianship authorities?
- Claim in court
- In the Federal Migration Service
- To the guardianship authorities
- In what cases is an extract impossible?
- Note to the apartment owner! Discharging a minor child
- Legislation
- Rules and procedures
- Features of the procedure
- Required documents
- Discharge of a minor from a privatized apartment
- Discharge of a minor from a municipal apartment
- Discharge of children under 14 years of age without the consent of legal representatives
- Is it possible to discharge a minor from an apartment to “nowhere”?
- If the child is the owner
- If the minor does not own the living space
- How to obtain permission from the guardianship authorities?
- Extract by court decision
- Conclusion
- Is it possible to remove children from the apartment without the consent of their mother? How to do this through court?
- Can they?
- The court's decision
- Refusal
- Is it possible to discharge a minor child from an apartment to nowhere: acceptable options
- Grounds for eviction
- Without assigning another place of registration
- Step-by-step algorithm of actions
- The child is the owner
- Municipal housing
Can a minor child be discharged from an apartment to “nowhere”?
It is impossible not to have a registration for a child , this is evidenced by Law No. 5242-1 (on the rules for moving citizens around the country), and by the legislation in general. The child must belong to a specific subject and region of our country, this is carefully monitored by the guardianship and trusteeship authority.
Therefore, if you are the new owner of an apartment in which a child was registered with his parents before you, you cannot discharge the minor yourself and through the court due to the fact that his parents do not have any other registration.
Thus, the question posed at the beginning of the paragraph (is it possible to discharge a minor child from an apartment to nowhere) can be answered negatively , however, there are a number of nuances that can help you understand the situation and perhaps find a way out.
If he is the owner
As is known, the observance of the rights of minors is monitored by the guardianship and trusteeship authority . It is on their shoulders that the responsibility falls for monitoring the registration of a child in a certain area of the subject, timely deregistration and registration.
In order to remove a minor from your property, you need to obtain a certificate from the guardianship and trusteeship authorities.
To do this you need to do the following:
- contact the passport office;
- get there an extract about the current place of registration (sold apartment);
- You also need to provide your child’s birth certificate, your passport and documents confirming that the child is the owner to the passport office;
- in a couple of days you will receive the necessary documents;
- Next, you should contact the guardianship and trusteeship authority with the documents already collected, in addition to which you should attach the technical passport of the apartment, as well as copies of the parents’ passports.
- a statement is written to the guardianship and trusteeship authority stating that the family is changing their home and indicating a new address;
- the application is considered for about fourteen days, only after which a response is given;
- If the answer is positive, you can go with permission to the passport office and deregister the child there.
However, only parents can do this, not new owners, so you should talk to the former owners about such a procedure.
- In order to discharge a child, parents will need to obtain a certificate from the passport office stating that they are carrying out the discharge themselves.
- You need to come to the guardianship and trusteeship authority with documents and an application for the child’s discharge in order to register the family in another place, but by this time you really must find a place for future registration.
- Only in this case will you be allowed to discharge the minor.
If the parents do not intend to discharge their child, then the new owner of the property, unfortunately, cannot do this either. Even the court does not have the power to deprive a minor of his place of registration. You can try again only when the minor reaches the age of eighteen.
If the apartment is privatized
So, you need to contact the guardianship authority to obtain permission. To do this, you need to provide a number of certificates stating that you have purchased housing and that you intend to register in it. You must also deregister yourself.
After you provide all the documents and papers to the guardianship and trusteeship authority, you can wait for the result of the review of the papers. The guardianship authority may ask you for information about new housing, and may also send a representative there in person.
One way or another, if the guardianship and trusteeship authority has no doubts about the parents’ intentions regarding the minor, they can allow discharge, but with the condition of simultaneous registration in another place of residence together with one of the parents.
If the apartment is municipal
- In order to check out of a municipal apartment, you first need to inform the guardianship and trusteeship authority about this intention.
- You need to obtain permission in the same way as in the points described above.
- Next, the permit, along with registration documents, is submitted to the local municipal organization, which is the owner of the municipal apartment rented to you.
- After checking the papers, The local government authority gives you its permission to be discharged.
- With all the collected package of documents, you must come to the passport office and deregister both yourself and the minor while registering elsewhere.
First you need to collect a package of documents which consists of:
- parents' passports;
- birth certificate of the child;
- registration information;
- extract from the house register;
- property documents (if any);
- application for deregistration;
- permission from the guardianship and trusteeship authority.
- Only after collecting this package can you begin the procedure for deregistering your child.
- Unfortunately, only parents can take steps to deregister; new owners cannot take any action to deregister the child.
- Therefore, when purchasing an apartment, carefully check it for the presence of other residents and registered ones, because an encumbered apartment may have such a registered person as a minor child, who is very difficult to discharge.
- If it is not possible to discharge the minor yourself, try to establish contact with his parents, who are also registered in the real estate.
Now you know whether it is possible to discharge children from the apartment to “nowhere” and how to do it. Discharging a minor is not easy, and as we found out, only parents can do this. However, if you find contact with them and explain your reluctance to pay for utilities for all registered citizens, then you can calmly declare this.
If a registered tenant who does not live at the place of registration does not cooperate with you, you can resolve the issue of reducing the number of payments in court.
We wish you good luck in the difficult task of discharging your child and hope that this very complex procedure will be simple and understandable for you.
Source: https://101urist.com/nedvizhimost/zhilaya-sobstvennost/kvartira/vypiska-iz-kv/nesovershennoletnego-rebenka/v-nikuda-2.html
Is it possible to remove a minor child from the owner’s apartment? How to do this without his consent and legally?
Minor citizens in the Russian Federation are protected to the maximum extent possible by law. Therefore, any actions that somehow violate their rights are impossible.
Discharging a child from an apartment is a procedure that requires compliance with a lot of rules and the collection of a large number of documents.
Is it possible to remove a minor child from the owner’s apartment? Let's try to figure it out.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-51-36. It's fast and free!
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What the law says
The guarantor of the rights of a minor to housing are the Constitution of the Russian Federation and the Family Code.
According to these documents, a citizen under 18 years of age has the right to live with his parents or legal representatives at their place of registration. In addition, he acquires rights to their real estate.
Legal representatives are required to register the child in their own or municipal housing at the same address where they themselves live. Monitoring compliance with this provision of the Civil Code of the Russian Federation (Article 20) by guardianship and trusteeship authorities.
Article 20. Place of residence of a citizen
- Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
- The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.
If the father and mother live and are registered at different addresses , then the child is registered at one of these addresses (we talked about whether it is possible to register and discharge a child from the apartment of one of the parents without his consent here). At the same time, the consent of all residents of the apartment where he will be registered is not necessary (Article 70 of the Housing Code of the Russian Federation).
Article 70. The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family
- The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, including temporarily absent members of his family, and the lessor - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.
- Moving into residential premises of citizens as members of the tenant's family entails a change in the relevant social tenancy agreement regarding the need to indicate in this agreement a new member of the tenant's family.
Does the owner have the right to remove a child from his apartment?
Can the owner remove a child from the owner’s apartment? The law of the Russian Federation reserves the right of a citizen to dispose of his own property at his own discretion .
But in order to complete a transaction for the alienation of real estate, it is necessary to deregister all residents of it. There will be no problems with the removal of adult citizens.
And if a person under 18 years of age is registered in the living space , even if he lives at a different address, he will have to comply with some conditions and take additional measures.
How to discharge a minor child from the owner’s apartment? The owner has the right to discharge a minor without the consent of the guardianship authorities.
But if the court reveals facts of infringement of his rights, he can restore him in registration. Therefore, upon discharge, it is necessary to provide and take into account the following nuances :
- Any actions related to the registration of a minor are carried out jointly with parents (legal representatives) .
- The right to sign when drawing up documents for children under the age of 14 belongs to their legal representatives.
- from 14 to 18 years of age prepares documents independently, but in the presence of parents (or guardians).
- If an adult has both a father and a mother, both must give consent to deregistration.
- If a child is registered in the apartment of relatives, and the parents do not agree with his discharge, the issue is resolved through the court. This takes into account where he actually lives.
- A child under 14 years of age is deregistered only together with one of the parents.
- To deregister, you must have proof that the child will be registered at a different address. Moreover, the conditions at the new place of registration must be no worse than the previous one. For example, you cannot discharge him from a separate apartment to a communal one.
- A separate requirement may be that new housing is located in the same area as the previous one.
The reason for this requirement is that the child, when moving, has the opportunity to attend the same educational institution as before. If this rule cannot be observed, then the permission of the specialists from the guardianship authorities conducting the conversation with the minor is required.
We discussed in more detail the question of whether the owner has the right to expel others from his apartment - former spouses, children - here, and on what basis and under what conditions minors can be expelled, we consider in detail in this material.
Procedure
The procedure for deregistration from owned living space involves the following steps :
- Submitting an application for the discharge of a minor to the passport office or the Federal Migration Service. The application must be submitted by one of the parents or jointly. If the child is 14 years old, then he is present during the procedure; if not, the parents act independently. More information about which authorities (passport office or FMS) are currently carrying out the deregistration procedure can be found here.
- Filling out the departure form at the passport office or the Federal Migration Service (form and sample).
- Receive documents in a week.
- Registration of the child at a new address.
To obtain an extract, you must provide the parents’ passports, the child’s passport (after 14 years), the house register, and documents for the apartment.
Extract through court
In the absence of parental consent , discharge can only be carried out through the court. The most common case and reason for appeal is the termination of the rights to use the premises due to actual residence at a different address.
Frequently asked question: how can I remove a child from an apartment without his consent if I am the owner? For example, a child lives in his mother’s apartment, but is registered in his father’s own apartment , the court will most likely discharge him.
If he is registered in a privatized apartment , then this will be more difficult, because a minor citizen was registered in the apartment during privatization, and the right to be registered there remains with him. You will find more nuances about the owner’s removal of other people, including children, from a privatized apartment in this publication.
The statement of claim requires the presentation of compelling reasons for deregistration. To prove the fact that the child’s place of residence is not at the place of registration, it is necessary to collect witness statements, certificates from the school or kindergarten that he attends.
Some guarantee of receiving a positive decision on discharge may be the presence of acceptable living conditions for the family.
For example, if a child is registered in the apartment of relatives (grandparents, etc.), and the parents with whom he lives are registered at a different address, the court will definitely discharge the child.
The same result will be upon discharge from the father’s apartment, if in fact the child lives with the mother.
However, an obstacle in this case may be the deterioration of living conditions at the new address . Simply put, if it is proven in court that the discharge will lead to a change in conditions for the worse, then the decision will be negative.
There is definitely no need to go to court if the child and his mother do not own housing or have a social tenancy agreement. The court will never discharge him anywhere.
The following documents should be attached to the statement of claim for deregistration of the apartment:
- A certificate from the Housing Office or the Criminal Code stating that these persons do not live in the living space.
- Certificate of property owner.
- Permission from the guardianship authorities to deregister a minor.
If you have permission from the guardianship authorities, you can file a claim in court. The presence of a guardianship representative is also required at the court hearing .
We talk in more detail in this article about whether a new owner can discharge a minor “to nowhere” if he bought an apartment, and how children are discharged when moving.
How to obtain permission from the guardianship authorities?
To obtain permission from the guardianship and trusteeship authorities, you must write an application to the guardianship authorities at your place of residence.
Both parents must apply , except in cases where one of them has been deprived of parental rights. In addition, the presence of a child over 14 years old is mandatory.
In the application, they must name the place of new registration of the child and provide documents for it.
When submitting an application, you must provide the following documents:
- Issue a certificate of persons registered in the living space (extract from the house register).
- Parents' passports.
- Passport or birth certificate of the child.
- A registration certificate or floor plan of the premises where the child will be registered in the future.
The guardianship authorities check and evaluate the submitted documents and after 2 weeks invite all applicants for an interview.
The interview is conducted with the participation of a USZN inspector. The guardianship authorities issue permission to discharge or prohibit.
The outcome of the case depends on whether the application to various authorities is drawn up correctly. Each of the statements has its own characteristics .
Claim in court
The application to the court is submitted at the actual place of residence of the child .
The claim must first of all be justified, therefore the application must indicate the requirements that comply with current legislation.
First of all, indicate the subject of the claim - recognition of the citizen as having lost the right to use the premises. This is what should be the subject of the lawsuit.
- At the end of the application, ask the court to also recognize the minor as having lost the right to use the premises.
- Discharge from the premises will occur subsequently on the basis of this decision, since the court does not discharge anyone, this will then be dealt with by the relevant authorities .
- Further in the application, indicate the reasons for this decision.
- We talked about how claims for forced deportation are drawn up in various situations in a separate article.
In the Federal Migration Service
An application to the Federal Migration Service is written by both parents and the child after 14 years of age. The easiest way to obtain such an extract is by registering at a new address.
In this case, citizens submit an application to the place of new registration with a request to register the minor.
Employees of the Federal Migration Service carry out registration, and deregistration from the old place of residence occurs automatically , without the participation of applicants.
To the guardianship authorities
The guardianship authorities should be contacted not with a request to discharge the child, but for permission to remove him from the registration register at the place of his previous registration.
After the request for permission , you should reasonably indicate the reasons for the discharge and be sure to indicate the new registration address . Without a substantiated description of the new registration address, it is impossible to obtain permission from the guardianship.
The guardianship authorities will not allow the child to be discharged without providing him with a place of residence.
It is necessary to attach to this application documents for the apartment and a personal statement from the owner about the desire to register a minor on his own territory.
In what cases is an extract impossible?
As noted earlier, it is impossible to discharge a minor to nowhere . The court will definitely deny you the opportunity to remove it from registration if:
- There is no permission from the guardianship authorities.
- The child is not provided with a new place of residence.
- The rights of a minor are violated by deteriorating living conditions.
Thus, the main condition for the child’s discharge is the availability of all necessary documents for the procedure. Otherwise, you will not be able to positively resolve this issue even through court.
When asking yourself the question, can I expel a child from an apartment if I am the owner, keep in mind that the expulsion procedure in each specific case has its own characteristics , therefore, to resolve the issue positively, it is advisable to seek help from lawyers.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
+7 (499) 938-51-36 (Moscow)
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Source: https://svoe.guru/zhilaya-sobstvennost/kvartira/vypiska/nesovershennoletnego-rebenka.html
Note to the apartment owner! Discharging a minor child
Certain categories of citizens of the country are under the protection of the state. Some of the most vulnerable are children.
Therefore, their interests are defended in a variety of situations, especially when it comes to registration/extract from real estate of any type.
It is quite reasonable for a problem and a “headache” to arise if the question arises of how to discharge a minor child from the owner’s apartment.
Legislation
Children's rights are protected by many laws, both federal and international. This is understandable, because they cannot stand up for themselves, and in many cases their age does not allow them to make certain decisions.
The main regulations that regulate and protect the rights of children:
- Constitution of the Russian Federation.
- Family code.
- Housing Code.
- Orders, decrees of the President of the Russian Federation, which mention the specifics of the activities of institutions responsible for registration and deregistration.
- UN Declaration on the Rights of the Child.
Rules and procedures
Before you begin considering the deregistration procedure itself, it is important to consider a number of rules. By adhering to them, you will be able to avoid delaying the process. Specifically:
- A minor child under 14 years of age can only be de-registered and re-registered with his parents (mother and/or father), guardians, and representatives.
- If he has a share in property that is being prepared for sale, permission from the guardianship and trusteeship authorities is required for such a transaction.
- When the child’s parents are divorced or for other reasons are registered in different places, discharge is made only after receiving permission from them. Permission is also required if he is not registered in the parental apartment, but for example, the owner of which is a close relative: grandmother or grandfather.
- If a minor does not live in the apartment where he is registered, his discharge can be carried out by court decision.
- If parents are deprived of parental rights, children under 14 years of age have the opportunity to use residential real estate.
- It is impossible to write it out into obscurity, including if a mortgage has been issued and, for example, the house has not yet been completed. The place of new registration must be determined. Moreover, the minor’s share should not be less than the previous living space.
- The apartment into which the child is re-registered must be located in the same area. This requirement is important so that he can attend the same school. Sometimes it is not possible to comply with this, in which case the guardianship and trusteeship authorities have to find out whether the transition to a new team will be a psychological trauma.
Important! If a minor was registered in a separate apartment, then it is impossible to discharge him and then register him with a communal apartment.
Features of the procedure
To discharge children under 14 years of age, you must submit an application to the guardianship authorities and send it to the territorial office. Visit this state. You need the authority with your passport, child’s birth certificate, and an extract from the house register.
Within 2 weeks, the documents are checked and a decision is made regarding permission to issue or refuse. Moreover, submitting deliberately false data does not make sense, because if after discharge it turns out that the rights of the minor(s) were violated, this procedure will simply be cancelled.
To obtain an extract, you should contact the Federal Migration Service or MFC. You can also submit the necessary documents through the State portal. services. An application on behalf of children under 14 years of age is written by a parent or representative. It must be accompanied by a passport, consent received from the guardianship authorities, and a birth certificate. The departure form is filled out immediately.
All you have to do is wait for de-registration, which can take up to 3 days.
Next, the child must be registered within the time period provided by law - up to 7 days. The following is submitted to the territorial body of the FMS:
- Statement.
- Parent's passport.
- Departure sheet.
- Permission from guardianship authorities.
Required documents
The consolidated list of documents consists of the following items:
- Passport of parents, guardians, representatives.
- Child's birth certificate.
- Information about its registration.
- Extract from the house register.
- Property documents, if any, or a social contract. hiring
- Permission from guardianship and trusteeship authorities.
- Extract from the Unified State Register of Real Estate.
- Those. passport for the apartment.
In some cases the list may be extended. You can find out more specifically by contacting the territorial office of the FMS and explaining the situation.
Discharge of a minor from a privatized apartment
The process of deregistering a child is not easy in any case, and if it comes to a privatized apartment, it is even more difficult. The court does not deal with such cases, and it will not be possible to carry out the required procedures without contacting the appropriate authorities.
In order to carry out deregistration, you should contact the guardianship authorities and obtain permission there. To do this, you need to submit certificates of a certain sample, and the document itself stating that new housing has already been purchased, and the entire family will be registered in it. Of course, you also need to deregister yourself at your old address.
In some cases, documents alone are not enough for the guardianship authorities; they can send their representative to inspect the new property. If nothing suspicious is found, permission to discharge will be obtained. Next, you can proceed according to the algorithm presented above.
Download an example of a completed application for discharge of a minor
Important points:
- The easiest way is to discharge a child from a privatized apartment if he is not its owner.
- If a minor is 14 years of age or older, he or she must submit an application for deregistration independently.
Discharge of a minor from a municipal apartment
This action can be performed under the following conditions:
- If in the future he will be registered with one of the parents or guardian.
- Living conditions in the new property are similar or better than in the previous one - this applies to area, placement, etc.
The checkout procedure is as follows:
- Submitting a request to the passport office to obtain a certificate about those living in the apartment. To do this, you need to submit the following documents: an application, a child’s birth certificate and a social tenancy agreement.
- Next, you should go to the guardianship authorities with this certificate, as well as with those listed above, with the parents’ passport, an extract from the Unified State Register (possibly a technical passport) for the apartments (old and new), a certificate of ownership, and you must provide your personal account number. The decision-making period is measured in 2 weeks.
- If the verdict is positive, the person is discharged and subsequently registered at a new address.
Important! If a refusal is received, if there are no legal reasons for it, the one who wants to discharge the minor can sue.
Discharge of children under 14 years of age without the consent of legal representatives
If the legal representatives, who may be parents or guardians, do not give consent to the discharge, then the owner can solve the problem only through the court. At the same time, the owner must have very clear arguments as to why the child needs to be discharged, because in most cases the judge will side with the minor.
In some cases, discharge is possible without the consent of one of the parents (father or mother), in particular, if he is deprived of parental rights.
Is it possible to discharge a minor from an apartment to “nowhere”?
According to the Constitution of the Russian Federation, it is impossible to discharge a child and not register him anywhere. This is stated in Law 5242-1. A minor must be assigned, according to his place of registration, to a specific city or district. This moment is very clearly controlled by the guardianship authorities. That's all, because difficulties may arise when lining up for kindergarten and being accepted into a school in your area of residence.
It happens that parents sold one apartment, but have not yet bought the second. In this case, a child of any age can be discharged and not registered anywhere, but under one condition: opening a bank account, which will contain an amount equal to his share.
If the child is the owner
It happens that children under 14 years of age are given deeds of gift or documents when purchasing an apartment, that is, in fact, he is the owner of all or part of the living space. In this case, the discharge procedure is special and has many nuances. If it is discovered that the owner of the purchased apartment was a minor, the new owner should proceed as follows:
- Contact the passport office and request an extract from the place of residence, as well as provide the child’s birth certificate and confirmation that he or she owns real estate.
- After a couple of days, you will be able to receive all the necessary documents.
- Next, you should contact the guardianship authorities, where, among other things, you should provide technical assistance. passport and copies of passports of mother and father/representatives of the minor.
- If a positive decision is received, you can go to the passport office for an extract.
A very important point! Only the former owner can check out the apartment or house; if it is a child, then this is done by the parents or representatives.
Download a sample application for deregistration with the Federal Migration Service
If the minor does not own the living space
More often there is a situation when the child is not the owner. In this case, the extract occurs according to the following rules:
- Parents apply for permission to discharge him to the guardianship and trusteeship authorities. It will greatly speed up the decision-making process if you have already purchased an apartment where you can re-register.
- If the decision is positive, proceed according to the standard algorithm.
It happens that parents do not want to discharge their child owner, since there is no new place for him yet. He won't be able to do this on his own. In addition, the court will not help resolve this issue. You'll have to wait until you reach adulthood to try again.
How to obtain permission from the guardianship authorities?
As is clear, in almost every case, when a minor is deregistered, an appeal must be made to the guardianship authorities. Before applying for a permit there, you must provide the following documents:
- Parents' passport.
- For children under 14 years old - birth certificate, 14-18 years old - passport.
- Home Book.
- Certificate of ownership.
- Those. passport.
- For non-privatized apartments, a social rental agreement.
Important! If you provide a document that confirms that a new property already exists, then a positive decision is guaranteed. Even if, for example, you are moving to another city.
Waiting for a decision to be made will take no more than 14 days. In case of refusal, you can go to court, but it does not often take the side of the parents, because the key goal is to protect the rights of the child.
In addition to these documents, guardianship authorities may request information about the apartment itself: its cost and characteristics (year of construction, material of the walls from which the house was built, etc.).
Extract by court decision
Cases when it is possible to discharge a child through the court: he has lost or has not acquired the right to use real estate, or it has been terminated.
Important! Representatives of the guardianship and trusteeship authorities must be present at the court hearing as third parties. If the child is over 10 years old, then his opinion is also taken into account.
It is impossible to conduct a trial in the following cases:
It is worth understanding that a decision in favor of the plaintiff in such cases is rare. After all, according to the law, the court is obliged to take into account the rights and interests of the child in the first place.
A common case is a deregistration from an apartment where the minor does not actually live, and he has a new place of residence.
As for the most difficult situations, they are associated with deregistration if children under 14 years of age are planned to be registered in a smaller living space in the future.
Conclusion
Discharge of a minor is a huge problem, because, first of all, the interests of the child will be taken into account. In order for everything to go smoothly, you must have a new place to register, otherwise you will not be able to check out.
Source: https://StranaZakonov.com/nedvizhimost/vypiska/sobstvenniku-kvartiry-na-zametku-vypisyvaem-nesovershennoletnego-rebenka
Is it possible to remove children from the apartment without the consent of their mother? How to do this through court?
- Registration, as well as discharge of a child, always raises more questions than the same procedures for adults.
- First of all, because we are talking about the likely deterioration of living conditions , as well as the constitutional right to housing.
- Can a father remove his children from their home without the mother’s consent?
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-44-61. It's fast and free!
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Read on our website about how issues with deregistration of children are resolved if they are or are not owners, what documents need to be drawn up to remove minors from registration at the place of residence, and also about whether it is possible to deregister a child when selling an apartment.
Can they?
Yes, according to the court . The father can discharge the child without the consent of the parent in the following cases:
- the marriage is dissolved and alimentary obligations have arisen towards the child (in this case he ceases to be a member of his family);
- a minor goes to live with his father as a result, for example, of the mother’s deprivation of parental rights.
- According to legal requirements, the little person’s place of residence is the same place where the official representative (mother or father) lives, and if the house is to be changed, the conditions should not worsen.
- How to discharge a child from housing without the mother's approval?
- The discharge of a child is carried out on the basis of one of the parents, while the consent of the second is highly recommended (although the Rules for registration and deregistration of citizens of the Russian Federation do not voice precisely such a requirement).
Why? The second parent may declare: a) infringement of his rights , b) deterioration of the child’s living conditions and re-registration may be cancelled. Or at least significantly delayed.
Read about the specifics of discharging a child from a privatized or municipal apartment in our articles. Find out also how to discharge a minor and at the same time register him in another apartment, as well as whether a grandmother can discharge her young grandchildren from her apartment.
The court's decision
Is it possible to discharge children without the mother's consent? In what cases does the court make such a decision ?
- eviction of the entire family;
- application from the owner of the property (Article 31 of the Housing Code of the Russian Federation);
- termination of the mother’s right to use housing (for example, due to the expiration of the temporary registration period);
- the child is registered in one apartment, but actually lives with the parent in another (Article 20 of the Civil Code of the Russian Federation);
- the mother has been deprived of parental rights and the child will live with another guardian;
- the owner of the living space has changed (Article 292 of the Civil Code of the Russian Federation).
Civil Code of the Russian Federation Article 20. Place of residence of a citizen
- Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
- The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.
Civil Code of the Russian Federation Article 292. Rights of family members of owners of residential premises
- Members of the owner's family living in residential premises belonging to him have the right to use this premises under the conditions provided for by housing legislation.
Members of the owner's family who are legally capable and have been limited in their legal capacity by the court and who live in the residential premises belonging to him are jointly and severally liable with the owner for the obligations arising from the use of the residential premises.
- The transfer of ownership of real estate to another person is the basis for termination of the right to use residential premises by family members of the previous owner, unless otherwise provided by law.
- Family members of the owner of a residential premises may demand elimination of violations of their rights to residential premises from any persons, including the owner of the premises.
- Alienation of residential premises in which members of the family of the owner of this residential premises who are under guardianship or trusteeship or minor members of the owner’s family left without parental care live (which is known to the guardianship and trusteeship authority), if this affects the rights or legally protected interests of these persons, is permitted with the consent of the guardianship and trusteeship authority.
You can find out whether a father can discharge minor children after a divorce from our article.
Refusal
When will the court definitely refuse an extract? So:
- the child is the owner of the apartment or a participant in privatization;
- The housing is going to be sold, and re-registration is carried out without the agency of the guardianship authority;
- the housing is state-owned, and upon relocation, the conditions for the little citizen will significantly worsen (or he will be discharged “to nowhere”).
How can a child be discharged without the mother's consent?
It is clear that in such a matter it is better not to take on the matter on your own, but to ask for support from a lawyer specializing in housing law.
The fact is that when a controversial issue arises, the court will always side with the minor . And he will not satisfy the claim if he still has any doubts.
Remember, the question concerns neither more nor less the constitutional human right to housing! (Article 40 of the Basic Law).
A lawyer will help not only to competently draw up a claim, but also to prepare an evidence base. The judge will not hear oral statements; only written ones will have weight .
Which? This:
- certificates from authorities;
- act of the local police officer;
- court decision;
- the desire of the child himself (if he is already 10 years old - Article 57 of the RF IC);
- certificate of the board of trustees.
Family Code of the Russian Federation Article 57. The child’s right to express his opinion
The child has the right to express his opinion when deciding any issue in the family that affects his interests, as well as to be heard during any judicial or administrative proceedings.
Taking into account the opinion of a child who has reached the age of ten is mandatory, except in cases where this is contrary to his interests.
In cases provided for by this Code (Articles 59, 72, 132, 134, 136, 143, 145), the guardianship and trusteeship authorities or the court can make a decision only with the consent of a child who has reached the age of ten years.
To obtain a permitting document from the guardianship authorities, you need to provide a passport, an application indicating the reason for the request, an extract from the house register and technical passports of both apartments. And wait two weeks.
With it you need to visit the passport office of the police department or housing department and provide the following papers:
- identification documents of the persons involved;
- application for deregistration (if the citizen is 14 years old - then from him);
- documents for the previous apartment;
- consent of the board of trustees (if needed) and (or) another document confirming the legality of the transaction (for example, a court decision);
- departure slip.
The little citizen will be discharged within a week maximum. After this, you will need to register your child in a new apartment, and for this you need (all in the same passport office):
- application in form 6;
- title papers for a new apartment;
- permission of the board of trustees and/or court decision;
- passports.
And again you will have to wait - a maximum of a week.
To make the procedure go faster, it is better to contact the police department directly.
Is it possible to discharge a child from an apartment without the mother’s consent in other ways? For owners of apartments where the mother does not have a share, but only registration and does not want to check out, there is another option: contact a real estate agency that works with complex cases and sell the apartment “with an encumbrance .
Use the money to buy yourself new square meters , where, of course, unwanted people are not registered. The new owner will calmly discharge the previous tenants on the basis of Art. 292 of the Civil Code of the Russian Federation and 31 of the Housing Code of the Russian Federation - voluntarily or not completely.
They also do this: they give an apartment to someone , who signs out everyone who is not in the same family with him and then gives it back to you.
Thus, it is clear that deregistering young citizens is not an easy matter, but it is by no means impossible.
However, legal arguments are best left to professionals who know what needs to be done to get the judge to grant the claim.
Source: https://pravo.guru/gilishnoe-pr/nedvigimost/kvartira/vypiska/rebenka/pri-razvode-roditelej/bez-soglasiya-materi.html
Is it possible to discharge a minor child from an apartment to nowhere: acceptable options
Home / Eviction / Important question: is it possible to expel a minor child from an apartment to nowhere?
A special case is the eviction of citizens from an apartment and their deregistration at this address. The legislator has provided for a whole procedure, thereby protecting the housing rights of the population.
Therefore, it is difficult to discharge a person without his consent. It is even more difficult to do this if we are talking about a minor child.
And if the question is about deregistration “to nowhere”, it can be resolved only in two cases. More on this below.
Grounds for eviction
Deregistration goes hand in hand with eviction. One of the questions that arises is whether a child can be discharged to nowhere? The family may need to move to another region for permanent or temporary residence, in connection with the sale of an apartment or due to termination of a social tenancy agreement or employment agreement.
But forced eviction may also be considered . The reasons for this are as follows:
- Change of owner of an apartment as a result of its sale or other alienation transaction;
- Utility debt for more than 6 months;
- The emergency condition of an apartment building that is being demolished;
- Illegal registration and residence in the premises;
- Use of residential premises for other purposes;
- Unauthorized redevelopment;
- Gross and systematic violation of the rights of other residents;
- Termination of family relations between the owner of the apartment and the person with whom the children live.
When the eviction and discharge of a family with minor children occurs voluntarily, the guardianship and trusteeship authority may become an obstacle. As a general requirement, it is this institution that gives permission:
- To deregister minor children;
- For the sale of real estate if it or part of it belongs to a child under 18 years of age.
In this way, the state protects the property and housing rights of children . An application may be refused for the following reasons:
- Changing their place of residence worsens their living conditions;
- When selling housing, the property interests of children are not taken into account or are violated.
The applicant receives a refusal to discharge the child if there is no notarized permission from the other parent.
There is no point in contacting the registration authority without permission. His application will be denied. The reason is the lack of a complete package of documents, in particular, a document from the guardianship and trusteeship authority.
In this regard, you should pay attention to the following intermediate conclusion :
- The child cannot be discharged without permission from the authority (with some exceptions).
- The application is granted if the property and housing rights of the children are respected.
- You can’t write it out “to nowhere.”
But every rule has exceptions. This could not have happened without this in the case under consideration.
Without assigning another place of registration
When answering the question whether it is possible to discharge a child to nowhere, you should take into account that this is allowed in two cases:
- When selling an apartment;
- Upon expiration of the temporary registration period.
For the general case, the sale of housing in which children own a share (or it is completely theirs) requires the execution of a purchase and sale agreement for another apartment. In it, children receive ownership of as many square meters as in the previous residential property. At the same time, they are registered in the purchased housing.
However, it is not always possible to buy an apartment immediately after the sale. This means that you won’t be able to register it right away. Therefore, an option is provided when persons under 18 years of age are formally discharged “to nowhere .
Another case is when a child is registered in an apartment together with a parent who has received temporary registration. This happens as follows:
- The father or mother signs a lease agreement with the property owner.
- Additionally, they are given permission for temporary registration - drawn up in writing.
- Based on this document, the passport office temporarily registers the citizen in a rented apartment.
In accordance with Article 20 of the Civil Code of the Russian Federation, children under 18 years of age live with their parents . This means that tenants have the right to register their child with them. They contact the registration authority, providing documents:
- Identity documents of the applicant and his children.
- About the temporary registration of the applicant.
- List of children's departure from their previous place of residence.
Temporary registration will be issued at the passport office. A special point is that its validity period will coincide with the validity period of the parent’s registration. As soon as it ends, the homeowner has the right to:
- Issue a new residence permit (lease agreement) and registration;
- Refuse to grant such permissions.
In the latter case, the child’s registration period has expired; in fact, he can be considered discharged “to nowhere.” Temporary registration cannot be extended; you can re-register. This requires permission from the apartment owner, but he has the right not to give it.
Temporary registration cannot be issued for a period of more than 5 years.
In other cases, regardless of the grounds, it is impossible to discharge minor children “to nowhere”. The applicant simply will not be able to obtain the appropriate permission from the guardianship and trusteeship authority.
Step-by-step algorithm of actions
If the registration expires, the owner or parents of the children will not have to do anything to check out. The family needs to move out and find another place to live and register, this must be done within 90 days as a general rule.
If parents and children do not move out, the owner has the right:
- Call the police;
- Demand the forcible expulsion of persons illegally staying in his apartment.
If the police do not fulfill their duties (law enforcement officers often treat such cases without due zeal), you can send a complaint to their management or contact the prosecutor's office with a statement about the inaction of the police. In exceptional cases, file a claim in court.
You cannot expel former tenants from an apartment on your own; there is a risk of ending up in the dock for arbitrariness.
You can kick a parent and his children out the door if the owner is not their father or mother or guardian. In this case, the norm of Article 20 of the Civil Code of the Russian Federation comes into force; minor citizens have the right to live with their parents and guardians, even against their will.
The child is the owner
Since it is not always possible to buy an apartment immediately after the sale, you will have to wait a little while registering your children. It is written out “to nowhere,” but the transaction is under the control of the guardianship and trusteeship authority. The procedure goes like this :
- The apartment is sold, the money goes to the parents' account.
- Part of the funds for real estate, which is equivalent to the child’s share of property, is transferred to his account, specially designed for this case.
- When purchasing a new home, money from this account is used with the corresponding registration of part of the apartment in the name of a minor.
Municipal housing
This is the third option, which can formally be considered as discharging the child “to nowhere.” It consists in the fact that the family leaves their previous place of residence and travels to another region. At the same time, they are registered in an apartment, which they occupy on the basis of a social tenancy agreement.
In accordance with the provisions of paragraph 3 of Article 83 of the Civil Code of the Russian Federation, the specified agreement is considered terminated from the moment the residents leave it for another place of residence. It remains for the interested party to prove this fact through the court. The received executive document is sent to the FMS for forced deregistration.
Source: https://info-zhilish.ru/mozhno-li-vypisat-nesovershennoletnego-rebenka-iz-kvartiry-v-nikuda.html
