Government Russian Federation shows care for children, and one of the manifestations of such care is the rights of minor children to housing. Children cannot protect themselves from adult misconduct, but it is the government that has taken on that role.
Sometimes relatives also affect the interests of the child and act according to their own rules and momentary desires. Adults also don’t think about the future.
The government created special system, which controls the actions of relatives and guardians, protecting a minor child from undue influence. This concerns the right to inviolability of property.
Such difficult situations include privatization, sale and purchase of real estate at the expense of the issued maternity capital, inheriting living space.
General rights of minors
According to the adopted legislation, a minor child is required to stay on the territory of his parents. Even if they divorce, the location of the children is determined by the judicial panel or the board of trustees. He stays with one of them. In this connection, parents are responsible for providing the child with living space. This is prescribed in the current legislation, or more precisely in the Housing Code of the Russian Federation.
The child, since he is a member of the owner’s family, has the right to live on the territory with his parent. The legislation does not provide for such restrictions as the illegality of a child living with relatives.
According to the rules of the Housing Code, all minor owners have the following rights:
- Accommodation on the property of the owner. In particular, he has the right to use all property located in the apartment on an equal basis with the parent.
- Use the premises at your own discretion.
- Ensure the safety of property and property itself.
A child in social employment has the same rights. Only when municipal property is in use. The rights of such citizens are similar.
Privatization and features
When privatizing property with minor children, according to Housing Code, several rules must be followed:
- Living space is privatized with the written consent of all citizens in the apartment. Teenage children are required to give an agreement, otherwise the deal may be refuted. If the child is under 14 years of age, the children's written consent is not required.
- If children are registered in the living space and their age is less than 14 years, the action is carried out only by written agreement of the guardians and with the consent of the state guardianship authority.
- When registering children 14–18 years old, the action is carried out on the basis of an application, but with a written agreement from the guardianship authorities.
- In the event of the death of a relative or guardians, the action falls on the shoulders of the guardianship authorities or guardians. All procedures are completed within a quarter, with the costs borne by the government agency.
Legal documents are issued on a general basis and for all citizens living in the territory. Adolescents have the right not to participate in such a process. And minors do not have the right to refuse this. And parents have no right to refuse privatization.
But people with legal education find ways out of the situation if it is necessary to urgently sell a home with registered minor children. Preliminary discharge of the child to another room is a way out of the situation, according to experts. As a result, children lose their property rights due to the fault of their own parents. Such actions have the right to be refuted in court by the prosecutor's office or government agencies.
Children's rights when purchasing an apartment using maternity capital
Funds allocated by the state to support the birth rate can be used for the education of the child, the mother’s pension and the improvement of living conditions. They can pay the entire cost of the apartment or part of it, as well as the mortgage loan.
In any case, the state thus ensured the child's right to property. After all, when buying a home with such a subsidy, parents are obliged to legally distribute shares in the property. If such obligations are violated, the transaction is contested and the money is returned to the issuing authority.
Many financial institutions offer to cash out cash. This illegal act threatens not only the rights of children, but also of parents. Entire organizations are created for such illegal actions. For example, a family buys an apartment and comes to an agreement with the seller. He formally formalizes the agreement and receives money from Pension Fund. Then, the funds are divided between the participants, and the property is returned to the seller.
The state is trying to combat such fraud, but so far they cannot find the necessary levers.
The rights of minors to housing are specially protected by law. This is due to the vulnerability of children and the particular cynicism with which some people try to take away children’s rights to apartments and houses.
Let’s consider together how the law protects the rights of children and what is provided in order not to deprive young citizens of their rights to real estate.
State Duma in Once again extended the right of Russians to privatize the apartments in which they live as social renters. The privatization of an apartment in which a minor is registered is protected by law under a special procedure.
If a minor lives in privatized apartment, then under any circumstances he must be a co-owner of this apartment. Relinquishment of a child in favor of any person.
Any other person has the right to refuse his share in the privatized apartment in favor of anyone. The child is not. We can say that the law limits the child’s rights to dispose of his share in the apartment.
Neither permanent. neither the temporary absence of a child in the apartment in which he is registered can terminate his rights to live (use) in municipal apartment or home. Adults who are absent for a long time and do not live in public housing can be deregistered without much effort.
It must be said that in this way orphans who were in an orphanage are protected. And it doesn’t matter whether this apartment was provided by the municipality to the child’s parents temporarily or permanently. Even if the apartment was provided for the duration of some work, for example, work as a janitor, but the child was registered there, then under any circumstances the child does not lose the right to this apartment.
Protecting children's rights to living space when their parents divorce
It is known that if the apartment belonged to one of the parents before marriage, then after the divorce the second spouse is obliged to leave the apartment and must be deregistered. This is the law. However, this does not apply to children, even if by court decision they must live with a “homeless” spouse. At the same time, it doesn’t matter we're talking about about your own children or adopted ones.
Of course, in order to live in the apartment of the ex-spouse, the second spouse will have to go through a lot of judicial authorities. However, if the court allows the second spouse to live in the apartment where he was registered during the marriage, then this is only for the period until the child turns 18 years old.
The issue can be resolved if another housing is found for the child, with characteristics no worse than the apartment where he was registered. The ideal case is when the second spouse enters into another marriage and moves to live with the new spouse who owns the apartment.
The law allows the sale of an apartment whose owner, in whole or in part, is a child. However, strict rule - new the apartment must be at least no worse than the one being sold. And the child’s share in it should be the same. Moreover, we are talking specifically about the share, and not about square meters.
For example, if a child owned 1/2 share in an apartment with an area of forty meters. That is, the child seems to belong to 20 square meters. The apartment is sold and a new one is bought, with an area of 60 meters. So in new apartment The child’s share should be the same 1/2 - that is, 30 meters, and not 20 meters (that is, 1/3 of the share), as in the apartment for sale.
Moreover, the guardianship authorities, from whom they will have to obtain permission to sell an apartment owned by a child, will look not only at the size of the apartment and rooms, but also at the convenience of the area, floor, type of house, transport component or proximity to a school and other social facilities.
So it’s hard to imagine that someone would be able to change a three-room apartment in the city center to brick house for a three-room wooden barracks on the outskirts of the city near a landfill or cemetery (and we still have plenty of such houses).
In conclusion, it must be said that the rights of the child are monitored not only by the guardianship or the prosecutor’s office, but also by a host of others government agencies. The school, local police department and medical structures will certainly learn about the deterioration of the child’s housing rights.
And if the fact of deprivation or infringement of a child’s rights to real estate reaches the supervisory authorities, then there will be a reaction of only an administrative, but also a criminal nature.
Simultaneously with birth small man, without realizing it, acquires a significant amount of rights. One of them is the right to housing.
To secure the acquired right, the newborn must be registered with the civil registry office within 30 days after birth. After this, the first official document- birth certificate.
After this, parents can register (in the old way - register) it at their place of residence. In this case, the choice remains with the parents. It can be registered locally cohabitation parents, or at the place of residence of one of them, if the parents do not live together. Finally, the baby can be registered at the location of the property (real estate) of one of the parents.
From this moment on, he becomes a full participant in all legal relations related to housing.
If the parents do not have their own or municipal residential premises in which they would live on the basis of a social tenancy agreement, the minor may be registered at the place of residence of the grandparents or other relatives who have consented to such registration.
Why is it necessary to register a newborn at the place of residence?
Registration of a born child is not a simple formality. It gives rise to absolutely certain legal consequences:
Obtaining a compulsory health insurance policy;
Registration by the mother of the child of benefits and “maternity capital”;
Placing the social security authorities on a waiting list for preschool(nursery/kindergarten);
Obtaining permission to travel outside the country of residence.
In addition to these purely utilitarian purposes, registration at the place of residence of the parents also gives rise to his right to residence and use of living space, which no one can deprive him of before reaching adulthood.
Acquisition by a child of ownership of residential premises
By general rule the child does not acquire ownership rights to the parents’ property, just as they do not have the right to lay claim to the child’s property.
Therefore, being registered at the place of residence of the parents (one parent), he does not become the owner of this residential premises, but only acquires the right to use it.
In order for a child to become an owner, this right must be formalized.
Acquisition of real estate ownership by a child is possible in the following cases:
Privatization of residential premises;
Inheritance;
Donation or purchase of real estate.
Each of the listed methods has its own characteristics.
When privatizing residential premises (extended until March 1, 2018), children are counted among all residents registered in a given residential area and have equal rights with them. For children under 14 years of age, the decision to participate in privatization is made by parents. However, if a decision is made to refuse his participation in free privatization, it may be blocked by the guardianship authorities as violating real rights minor.
When receiving an apartment (share) as an inheritance – the decision to accept an inheritance for children under 14 years of age is also made by parents. Refusals of inheritance are a rare occurrence and can occur in cases where the inheritance is burdened with debts. In this case, legal representatives (parents, guardians, adoptive parents) may refuse to accept it. But there must be good reasons for this. Just as in the case of refusal to participate in privatization, control is carried out by guardianship authorities, which can appeal the decision of the representatives of a minor child in court and oblige them to accept the inheritance in the interests of the minor.
Donation– an indisputable act by which a real estate object (apartment, commercial real estate) is transferred to the ownership of a minor. It does not require parental or guardian consent. All documents are prepared by the donor.
The purchase of residential premises in the interests of a minor is also carried out on his behalf by legal representatives (if he is under 14 years old), or with his consent after reaching 14 years of age.
Things are different with alienation (sale) of property
.
In this case, the consent of the guardianship authorities to sell the residential premises must be obtained. At the same time, parents must prove that as a result of the transaction, the living space that the child used before the transaction will not decrease.
In the event of a planned purchase of new housing, money in the amount of the cost of residential real estate attributable to children is reserved for deposit account in the bank. They cannot be spent on any purpose other than the purchase of housing for a minor. This is also monitored by the guardianship authorities.
Respect for children's rights to housing
A special feature of Russian housing and family legislation is the priority protection of children’s rights to housing.
To register a born baby at the place of residence of the parents (one of them), the consent of the owner of the residential premises or other persons living in the apartment (house) is not required. It is enough that one of the parents is registered in this residential premises.
Children do not lose the right to use residential premises if their parents change their place of residence or are deregistered if they do not have another place of residence.
A minor child cannot be deprived of the right to use residential premises (evicted) even if the owner of the apartment changes.
Banks (credit institutions) do not have the right to seize apartments in which minor children are registered as collateral under mortgage lending agreements, unless residential premises of equal size are provided in return.
Levy cannot be made on residential premises to pay off debts utility bills or other debt obligations of parents (guardians, adoptive parents) if minor children are registered in it without the provision of premises of equivalent size.
More articles
Article 60 Family Code Russian Federation, paragraph 3, first paragraph: “...The child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds...”
Moreover, family law clearly delineates the property rights of children and parents, indicating in the same article that the child does not have the right of ownership of the parents’ property, and the parents do not have the right of ownership of the child’s property. And in the case of division of joint property between parents, children will not be able to claim a share, for example, in an apartment.
Thus, when considering the housing rights of minor children, one should be guided by both civil and family law. How to protect a child’s rights to housing and what rights do children have in a privatized apartment?
Rights of minors who are not owners of residential premises
When a child appears in a family, within a month from the date of his birth, the parents must prepare all the documents for him, including registering the baby at his place of residence.
Important! According to the provisions of Article 20 Civil Code In the Russian Federation, children under 14 years of age live with their parents. And since this rule is mandatory, the registration of a child with parents or one of the parents is carried out in a special manner.
That is, in this case, no one will ask the consent of the owner of the apartment or other citizens living in the apartment. Such consent is not required, the main thing is that at least one of the parents is registered in this apartment.
This right of a child to live in an apartment with his parents remains until either the parents change their address of residence and registration, or the child reaches the age of majority.
Important! In this regard, even a change in the owner of the apartment where the parents registered the child will not affect his right to reside at the place of registration.
No court will evict a minor citizen at the request of the homeowner if the child has no other place for permanent residence.
However, there are situations when the owner can remove such an encumbrance from his apartment in judicial procedure.
The court, at the request of an interested party (owner or tenant), may recognize a child as having lost the right to use the apartment and remove him from the register if he does not live in this apartment for a long time (at least a year) and his parents do not participate in paying for the maintenance. housing, and most importantly, if his parents have the opportunity to register the child at a different address. That is, in the presence of all these circumstances, deregistration of a minor is quite possible.
Child's rights to housing when parents divorce
In the case of division of an apartment after a divorce, children do not participate in this division, that is, housing is divided only between parents. However, no matter how the property is divided, if a child is registered in the apartment, then he has the right to live in it until he comes of age, regardless of his lack of ownership rights, because he remains a member of the owner’s family even after the division and cannot be evicted.
Rights of minor owners of residential premises
Children can be the owners of both an apartment and shares in the apartment. The grounds for the emergence of such property are general - that is, the same as for adult capable citizens.
This could be participation in privatization, receiving real estate as a gift or inheritance, participation in the exchange of apartments, and even in the purchase and sale. It’s just that if a minor is involved in the transaction, the procedure for conducting it becomes somewhat more complicated and requires the participation of the guardianship authority, which is entrusted by law with the protection and protection of the property rights of children.
The rules of Article 37 of the Civil Code of the Russian Federation establish the procedure for completing transactions for the alienation of real estate belonging to minor owners - any action that results in a decrease in the property of children must be agreed with guardianship.
Actions that may lead to a decrease in the property of minors.
- Sale of an apartment or share in an apartment.
- Refusal of inherited property or its share. Rarely, but it happens. For example, when the inherited property also includes the debts of the testator or mortgage lending obligations.
- Providing property as collateral.
- Refusal to participate in privatization.
- Waiver of pre-emptive right to purchase.
Children's rights when selling an apartment
The sale of real estate owned by a minor may be caused by the need to change the family’s place of residence or to purchase another, more comfortable home.
Important! In cases where the owner has not reached the age of 14, the sale of his property is possible with the written permission of the guardianship authority.
If the child is already 14 years old, then the transaction will require not only written permission for the alienation of the minor’s property issued by the guardianship authority, but also the notarized consent of one of the parents for this transaction.
Refusal of an inheritance on behalf of a minor is rare. But there are circumstances in which parents do not want to make their child an heir. Such circumstances include, for example, debt obligations that are inherited. True, the provisions of Article 1175 of the Civil Code of the Russian Federation determine that the amount of inherited obligations cannot exceed the value of the inherited property.
If a minor heir receives nothing but debts from the testator, then these debts do not apply to him.
But there are cases when a minor heir receives a mortgaged apartment - the cost of such property is very decent, and therefore the loan obligations are transferred to the heir. And since children cannot bear responsibility for such obligations, the burden of loan payments falls on the parents. And it is quite understandable that for parents such an inheritance may be unbearable, and they rush to the notary to file a refusal to accept the inheritance for their children.
However, refusal to inherit housing by minors is only permissible with written permission from the guardianship authority. And here guardianship will be considered individually for each situation, taking into account the property interests of minors. Most often in these cases, parents receive a refusal, which they then appeal in court. And the courts do not always take their side.
The provision of real estate owned by a minor owner as collateral is usually carried out during lending - when, in order to secure loan obligations, borrowers provide collateral. This is usually practiced in mortgage lending, when an apartment purchased on credit is purchased as shared ownership. Nowadays this is practiced less and less, because banks do not want to take the property of minors as collateral, and guardianship gives permission in exceptional cases.
Refusal to participate in privatization on behalf of a minor is currently unacceptable, since arbitrage practice, formed in disputes about privatized housing, showed that such a refusal infringes on the property rights of minors.
Important! Refusal of the pre-emptive right to purchase, provided for in the provisions of Article 250 of the Civil Code of the Russian Federation, is also possible only with the permission of the guardianship authority.
In this action concerning the housing right of a minor, there is no reduction in his property, but there is a refusal to acquire this property.
A waiver is usually required when selling a share in an apartment or residential building. Before selling it, the shared owner must first offer to buy out the remaining participants in the shared ownership. And if such participants include minors, then the refusal or purchase is carried out according to the same rules - with the written permission of guardianship and the approval of one of the parents.
Important! Guardianship gives permission to waive the pre-emptive right to purchase a share in an apartment in cases where parents do not have the financial ability to buy this share for their child.
When issuing written permission for a transaction with real estate guardianship of a minor owner establishes mandatory conditions for parents that must be met.
When selling a child’s property, parents are required to either provide the child with another property in an amount no less than that sold, or deposit the money from the sale into a bank account opened in the name of the minor. The second option, by the way, is sometimes more attractive for parents than the first. But you should know that it is impossible to spend the money contributed to the deposit of a minor for any needs other than buying a home for the depositor. And even such a direction of funds is possible with the written permission of the guardianship. By at least, until he turns 18 years old. This is how the law protects the property rights of children whose property has been sold.
ATTENTION! Due to latest changes due to legislation, the information in the article may be out of date! Our lawyer will advise you free of charge - write in the form below.
The issue of eviction of minor citizens from an apartment, no matter what it is, is very difficult. The difficulty lies in the fact that the law requires compliance with a mandatory condition: a child can only be evicted somewhere, that is, to another housing. Depending on the category of the apartment in which the child is registered, the procedure and timing of eviction are determined.
Eviction of a minor from public housing
The state believes top priority protection of the rights of minors and their legitimate interests. For this reason, it is almost impossible to evict a child from a municipal apartment without first ensuring that he will move into a new home. The guardianship and trusteeship authorities (TCA) strictly supervise all cases of deregistration of children, and without their consent it will not be possible to evict a child.
A child may live with one or two parents (legally married), or with a guardian or adoptive parents. It is possible for a child to move to a new place of residence together with them. This route fully complies with the law and will not raise any questions for the PLO; it is enough to provide documents confirming all the circumstances of the move.
Parents or guardians will have to go to their local PLO office and submit an application outlining all the facts and asking for permission to move. Such an application can also be submitted by the parent who, after the divorce, intends to move with the child (children) to a new place of residence. The PLO will issue a permit if two mandatory conditions are met:
- Both parents give written consent to the child's relocation.
- New living conditions are no worse than before.
If the child is already 14 years old at the time of moving, then in addition to the application it is necessary to attach a statement on his behalf, which will outline the desire to move.
The law gives minors more rights to public housing than adult family members. Parents under Art. 91 Housing complex of the Russian Federation from a municipal apartment can be evicted and deprived parental rights without providing other social housing, but in this case the children will still remain the owners of this apartment and the state will establish guardianship over them.
A minor can be evicted from municipal housing without providing equivalent living quarters, but only on the condition that living in this municipal apartment threatens the life of the child (the emergency condition of the house). Such evictions are still carried out under the supervision of the PLO, which will take measures to help a family with children resolve a difficult housing issue.
If the eviction must be carried out through court, then it is extremely important to take into account the following circumstance. You can only try to do this once, since the court will reject a repeated claim. All arguments must be weighed and properly supported by evidence.
Eviction of a minor from a service apartment
The peculiarities of the eviction of minors from service apartments lie in which of the parents or both immediately lost the right to use this housing. Any service apartment is provided to citizens for a certain period, which is specified in the relevant agreement. Usually the deadline fits into employment contract and upon completion of the employee’s performance of his job responsibilities he is obliged to vacate the service apartment.
The employment contract states that the employee is hired for a certain period and during this period he himself, as well as members of his family, have the right to live in a certain service apartment. If an employee is fired before the end of the contract, or the contract expires, then he and all members of his family are obliged to leave the company apartment. IN in this case the minority of one or all children does not serve as an obstacle to their eviction. This rule applies even in cases where the family has no other housing and the children have nowhere to move in immediately after eviction.
In court, you can get a deferment while the family looks for other housing, but these are more likely to be special cases than the norm. The court will defend the interests of minors and oblige parents to take all measures to find new housing.
When parents get divorced, then in relation to official housing exactly the same rules apply as in relation to housing owned by either of the parents. Children after divorce do not become former members families. It is legally impossible to evict them anywhere. You also cannot evict your ex-spouse along with their children if they have no other housing. Until the expiration of the service apartment tenant agreement, ex-spouse with children will have the right to live together with the tenant until they find other housing.
A special case is the death of parents in the performance of their official duty or other circumstances. In this case, children are left without parents in a service apartment. In this case, the law establishes the right of children to live in this service apartment until they turn 18 years old. No one has the right to evict them before this time.
Eviction of a minor from a mortgaged apartment
When a family is unable to pay a mortgage loan, the bank that issued the loan secured by this apartment has the right to evict the debtors along with the children. It all happens as follows:
- Borrower by mortgage loan does not pay current payments on time.
- The bank that issued the loan files a claim in court to collect the debt under the mortgage agreement and foreclose on the mortgaged property - the purchased apartment. In the vast majority of cases, the courts meet the banks halfway and determine public auctions as the method of selling the collateral (apartment).
- The apartment can be sold at auction, or it can be transferred into ownership to a bank, which, after registering the transfer of ownership, will be able to sell this apartment to anyone. When selling an apartment at auction, the essence of the matter does not change; ownership will be registered in the name of the buyer who wins the auction.
Art. 78 of the Federal Law “On Mortgage (Pledge of Real Estate)” determines: foreclosure on the subject of pledge and the sale of this subject serve as a legal basis for termination of the right to use the subject of pledge of the mortgagor and other persons living in the house, if the pledge was formalized under a mortgage, loan agreement, in including if the loan was issued for major renovation, construction, repayment of a previously received loan.
It follows that the new owner of the apartment, after the execution of the court decision, no matter who he is, has every right to evict everyone who lived there, including minors, from the apartment. It will not matter that this apartment is the only place of residence for children and their parents.
Part 1 art. 446 of the Code of Civil Procedure of the Russian Federation prohibits foreclosure on housing if it is the only one for the debtor and his household. But this prohibition does not apply to housing previously registered as collateral under a mortgage agreement, since, according to the law on mortgages, it can be foreclosed on.
If the children’s parents are unable to provide their children with an equivalent replacement for housing lost during the proceedings with the bank, then their future fate PLO will decide. It is possible that the children will be temporarily placed in an orphanage or boarding school until the parents are able to solve the housing problem.
Eviction of a minor by court decision
The practice of resolving court cases regarding the eviction of minors is ambiguous. This special category proceedings, regulated by housing legislation, as well as a number of regulations aimed at protecting the rights of children. It is difficult to predict in advance how a specific case will be decided in court. The court's decision will be influenced by the following factors:
- Whether they were registered permanently or temporarily and whether a minor lived in this living space.
- What type of housing does this apartment belong to - municipal, private, service, communal?
- What is the child's age?
- Who did the minor live with in the disputed apartment, and with whom did he leave?
The most important stage of the eviction procedure through the court is the wording statement of claim. The requirements for such documents are contained in Art. 131 Code of Civil Procedure of the Russian Federation. When formulating a statement of claim, it is necessary to take into account the fact that the owner of the property loses the right to it from the moment the new owner’s property rights are registered in Rosreestr. It is from this moment that the new owner has the right to file a lawsuit to evict the previous owner. In this case, the provisions of Art. 292 of the Civil Code of the Russian Federation, but not Art. 31 Housing Code of the Russian Federation.
The applicant will need to pay a state fee and support the claim with the following documents:
- Receipt for payment of state duty.
- Power of attorney in the name of the representative of interests (lawyer).
- Copies of documents confirming the basis of the claim.
All parties involved in the process must receive their copies of the documents and the claim itself. The content of the application must set out the following facts:
- What happened, what is the role of all parties, what affects the outcome of the case.
- Details of all witnesses.
- A copy of the marriage certificate.
- All data for each child.
- Information about each child: where he lives, with whom, in what conditions.
- Who owned the subject of the dispute (parents, child).
- Information about the income of the parties.
Following the requirement for eviction, the next requirement is to remove the persons registered in the apartment from registration at this address, carried out by the Federal Migration Service of the Russian Federation. Like the requirement for eviction, the requirement for deregistration is subject to fulfillment, since the court decision to evict the defendant, who has lost the right to use this apartment, is sufficient grounds for the FMS authorities to deregister persons registered in the apartment.
A court decision is submitted to the Federal Migration Service, after which deregistration is carried out in accordance with clause 31 of the Registration Rules and the RF Government Decree No. 713 of July 17, 1995. Following the established practice of evicting children by court decision from disputed apartments, we can say that Children's rights in our country are well protected.
However, this does not mean that adults can hide behind children to avoid difficult decisions. If the legal position of the parties requires a court decision on eviction, then it will be accepted, including in the presence of minor tenants.
Eviction of a minor from a private apartment
A child can be evicted from an apartment owned by parents only to another housing for legally. The reason for this may be the parents moving to another locality, divorce and separation of parents. In all cases, the guardianship authorities ensure that the child receives not worse, but ideally - Better conditions accommodation.
So, if the child had his own room at his previous place of residence, then at the new address he should also have his own, separate room. Otherwise, it will not be possible to obtain the consent of the PLO. Of course, not all families in the Russian Federation can boast of such spacious housing, where each family member has his own personal room. In this case, the number of square meters per person living in the apartment is compared; the child should not suffer during the move and move into a more crowded home.
It's important to note that Moving with one of the parents after a divorce does not always involve the discharge and eviction of the child. The child may be registered at the previous address and retain the right to use this housing (inalienable), but at the same time be temporarily registered at the new address of the second parent. This situation does not contradict the norms of law, especially if the parents have entered into an agreement between themselves or there is a court decision to determine the child’s place of residence.
To understand all the subtleties and nuances so complex issue How to evict children is extremely difficult without the help of a lawyer. In each case, when considering a particular case, the court takes into account all the circumstances, and which of them will be decisive will be determined by an experienced lawyer.
If you have any questions about the eviction of a minor child from an apartment, our duty lawyer online ready answer them promptly.
