How to write a minor child from the apartment?
No one will argue that legislation in Russia is still far from ideal. Sometimes it is difficult to accomplish what you want simply and quickly, for example, to discharge a child from an apartment. How to write a minor child from the apartment? Let us say at once that it will not be possible to do this in a flash, perhaps there will be difficulties and, possibly, considerable ones. But first things first.
How to write a child out of the apartment
An important point is the registration of the child in this apartment. If the child was registered in the apartment after privatization, that is, after registration of ownership of other persons, then you can try to discharge the child by removing from the registration of his parents. But there is a state apparatus - the Guardianship and Trusteeship Authorities, which may consider such an extract illegal and will restore the registration of the child through court. To avoid this situation, notify the authorities in writing in advance that you are going to discharge the child.
If the child was registered in the apartment before the act of privatization, then there is no way around the guardianship and trusteeship authorities, only they can give full permission to discharge the child from the old living space. How to act in this case?
- The rights of the child should not be violated. Before you contact the authorities for permission to discharge the child, you must first provide proof that you will provide the child with housing conditions no worse than the past. This is a prerequisite.
- If a minor child participated in the privatization and had his share, then in the new place he should be given the same share.
To summarize: you first need to provide the child with an equivalent new living space, respect his property rights, if they were in the old place. After that, it is necessary to contact the Guardianship and Trusteeship Authorities with the request to issue a minor child, provide there all the necessary documents and write an application for removal from the register. Then you need to expect a response that you will receive after reviewing your application and situation. Next, we act on the situation.
Consider the following nuances of how to discharge a minor child from an apartment:
- Both parents should be firmly agreed to discharge the child. In case of disagreement of one of the parents, you can try to make an extract through the court. But keep in mind that civil cases are considered for a long time, so be prepared to wait.
- Finding a suitable place to register a child is not enough. The guardianship and trusteeship bodies must personally make sure that the new living space for a child is not worse than the old one. The board of trustees will give consent or waiver, depending on the situation.
- You can not just write out the child, even if both parents will be removed from registration on this living space.
There are many nuances of how to discharge a minor child from an apartment; this is a headache for parents. A word of advice: if there is an opportunity to wait until the child comes of age, it is better to do just that. The procedure of discharge from the apartment at that time will be much easier.