Как происходит продажа квартиры с детьми, прописанными на ее территории?

Автор: admin  //  Рубрики: Городская недвижимость

продажа квартиры с детьми 1

Как происходит продажа квартиры с детьми, прописанными на ее территории?

Существует множество обстоятельств, требующих отдельного подхода при осуществлении различных операций с недвижимостью. Одна из ситуаций, вызывающих затруднения, – продажа квартиры с детьми.

Продажа квартиры с несовершеннолетними: особенности, условия

Если собственником жилья или обладателем одной из долей является ребенок до 18-ти лет, продажа значительно усложняется и требует дополнительных операций.

Продажа квартиры, если в числе ее собственников есть несовершеннолетние, регулируется несколькими законами, в частности, Конституцией, гражданским, семейным кодексами и прочими официальными документами.

Согласовывают изменения в условиях проживания несовершеннолетнего и в органах опеки. Именно одобрение органом опеки дает возможность осуществлять любые сделки по отчуждению.

Такие строгие правила связаны с тем, что несовершеннолетние граждане (а до 14-ти лет – малолетние) по закону являются недееспособными, а потому не могут самостоятельно принимать решение либо их решения должны быть одобрены специальными органами.

продажа квартиры с детьми 2

Существуют исключения, когда дети с 16-ти лет могут быть признаны дееспособными, и одобрение органов опеки не нужно. Это происходит, если данный гражданин вступил в брак или работает по трудовому договору либо сам является предпринимателем. В таком случае продажа квартиры с детьми не представляет сложностей.

Условия получения согласия органа опеки при продаже квартиры

Получение разрешения опекунского органа требует выполнения определенного алгоритма:

- получение справки обо всех лицах, зарегистрированных в квартире, подлежащей продаже. Для этого со всеми документами нужно обратиться в паспортный стол;

- обращение в орган опеки и попечительства (непременно при участии обоих родителей). Если ребенку более 14-ти лет, то вместе с ним с предоставлением документов на всех членов семьи;

- подача заявления о продаже старой недвижимости и покупке новой;

- ожидание решения органа решения. При благоприятном исходе дела орган опеки выдает письменное разрешение на продажу.

Возможные риски при покупке квартиры с детьми и их предотвращение

продажа квартиры с детьми 3

Чтобы не приобрести квартиру, в которой прописан ребенок, нужно заранее уточнить есть ли в семье, продающей жилье, дети. Если есть, нужно проверить, не состоит ли данная семья на учете в опекунском органе.

Беспроблемным семьям достаточно предоставить заявление обоих родителей и разрешение органа опеки. Но для неблагополучных семей действуют другие правила, поскольку если родители, продающие недвижимость, лишены родительских прав, а у ребенка есть опекун, сделка не будет действительной.

Чтобы выяснить эти моменты и быть уверенными, что продажа квартиры с детьми является законной, нужно обратиться в орган опеки.

С уважением, Андрей Ляпустин

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