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Rosreestr holds the All-Russian Week of Legal Aid to Children

CrimeaPRESS reports:

From 30 May to June 6, Rosreestr holds the All-Russian Week of Legal Aid to Children. The #BolshoyRosreestr team organizes face-to-face consultations with parents on issues related to real estate in the interests of children, the work of hotlines, and answers to popular questions on the topic will appear on the department’s social networks.

Who can represent the interests of a child in real estate transactions?

Their legal representatives must represent the interests of minors in real estate transactions and submit documents on their behalf. The legal representatives of the child are his parents or adoptive parents.

A child aged from 14 to 18 years makes real estate transactions with the written consent of legal representatives. He has the right to submit documents for state registration of rights on his own.

In the absence of parents and adoptive parents, as well as in cases where minors are left without parental care, the legal representatives for minors are their guardians.

Thus, when applying for state registration of rights and transactions with real estate objects, an application and other necessary documents on behalf of minors under the age of 14 years are submitted by their legal representatives (parents, adoptive parents , guardians), they also sign contracts.

Why do I need to obtain permission from the guardianship and guardianship authority?

The property owned by the child is exclusively his property. Parents, adoptive parents and guardians cannot voluntarily dispose of the child’s property without prior permission from the guardianship and guardianship authorities (clause 1 of article 28 of the Civil Code of the Russian Federation; clause 3 of article 60 RF IC).

A preliminary permit issued by the guardianship and guardianship authority, as a rule, contains a certain condition. For example, the acquisition of other immovable property in the child’s ownership in exchange for the alienated one. This condition must be met before the documents on the alienation of the child’s property are submitted to the registration authorities. Otherwise, the registration of rights will be denied.

Without prior permission from the guardianship authorities, the guardian is not entitled to make, and the trustee is not entitled to give consent to transactions for the alienation of the property of the ward, including exchange or donation, leasing (renting), leasing for gratuitous use or collateral, and as well as any other actions entailing a decrease in the value of the property of the ward.

How to use maternity capital to improve housing conditions?

The law includes the following cases among the improvements in living conditions for which maternity capital can be used:

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Acquisition of a dwelling, including funds (part of the funds) of maternity capital, can be directed to an escrow account, the beneficiary of which is the person expropriating (constructing) the acquired (under construction) dwelling;

Construction of a dwelling with the involvement of a construction organization;

Construction or reconstruction of an individual housing construction facility without the involvement of a contractor;

Compensation for the costs of construction or reconstruction of an individual housing construction (IZHS);

Payment of the down payment and (or) repayment of the principal debt and payment of interest on loans or borrowings for the purchase (construction) of residential premises, including mortgage loans;

Repayment of the principal debt and payment of interest on loans or loans, including mortgages, to repay a previously granted loan or loan for the purchase or construction of housing;

Payment for participation in shared construction;

Payment of an entrance fee as a member of housing, housing construction, housing savings cooperatives, etc.

The acquisition of a land plot at the expense of maternity capital is not provided.

Acquired (constructed, reconstructed) residential premises using maternity capital funds must be registered in the common ownership of the certificate holder, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement. Such an agreement does not require mandatory notarization. It should also be taken into account that the certificate holder is not limited in choosing a way to improve living conditions.

How to make a purchase and registration of real estate on maternity capital?

The possibility of investing maternity capital for the purchase or construction of housing is one of the most popular areas for its use. Citizens can use maternity capital to pay off part of the cost of housing or as a down payment when purchasing real estate in a mortgage. You can also pay off part of the mortgage with maternity capital. After six months after the removal of the encumbrance, parents are obliged to allocate shares to all children.

Shares can be allocated by agreement of the parties based on the equality of shares in the ownership of parents and children. After the allocation of shares, children become full owners of residential real estate.

Source: press service of the Office of Rosreestr for the Republic of Crimea and Sevastopol

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