How to write a minor child out of the apartment. Documents for discharge from the apartment

You decided to sell, exchange an apartment or a house, but in the process of registering a deal, you encountered a problem, how to discharge a minor child from the apartment? In this case, our information will be most welcome. This article will tell you how to avoid possible problems and resolve this issue as quickly as possible.

The main thing in this matter

Before discharging a minor child from the apartment, you need to find out and determine the actual place of residence of the minor. After all, basically a child lives where his parents or legal guardians. If the actual residence coincides with the registration and, moreover, the housing is privatized, you can proceed directly to the process. According to the Civil Code of the Russian Federation, such an extract is dealt with by the court. To resolve this issue, it is necessary to collect documents established by law and submit an application, which is considered at the hearing.

Documents for discharge from the apartment

1. Application for deregistration at the place of residence. You need to get it in the passport office and fill it with your own hand. The form must fill in the following columns:

• surname, name and patronymic;
• date of registration;
• new registration address;
• date of filling in the form and signature.

It is considered within 3 days from the date of filing.

2. Passport. It is necessary for the passport office employee who will carry out the statement itself.

3. Birth certificate. It is necessary if the child is not yet 16 years old.

4. Military ID. For men under 40, discharge is always agreed with the military registration and enlistment office. Please note that the ticket must have a note on the postponement of service or unsuitability for health.

5. The house book at discharge from a private house. An entry in it is done by an employee of the passport office.

6. Documents that confirm ownership of housing.

In some cities, other documents may be required, which you will learn about in the passport office.

Some nuances

If you actually live in another city and do not have the opportunity to write out a minor yourself, an authorized person can do this for you . He must have notarized documents in his hands: a power of attorney, a statement, a birth certificate and the original of your passport.

Upon receipt of the passport after the checkmark, you will be given a check-out sheet, which is mandatory for a new registration, which must be completed within a short period. If you violate the time line, a fine may be imposed if you cannot give good reasons for what happened. These include: a long business trip out of town, illness, sale or purchase of housing, etc.

Discharge Issues

1. An extract passes from housing with a larger area to a smaller apartment. The Board of Trustees may see in this option an infringement on the material rights of the minor and not give permission to discharge. In order for this move not to look like this, you can resort to one option, which will be described below.
2. If during deregistration of a child, the area of ​​a new residence registration changes. According to the law, the baby must not be transferred to another kindergarten or school without his consent, as this may affect the psychological state of the child. The council will communicate with the child for a long time before giving permission.
3. One of the parents is against the discharge of the child. If the mother and father live separately, and there were problems in finding one of the parents due to the lack of any information about his whereabouts. The law provides for some exceptions when consent is not required: deprivation of parental rights, missing person status, absence from the moment of birth of the child, in case of death.

This is not all the nuances and difficulties that may arise in solving this issue: “How to discharge a minor child from the apartment?” Therefore, the best option is to contact a specialist who will help you correctly draw up an application, prepare a full package of documents, and quickly and quickly solve all problems.

How to get out of a privatized apartment

baby?

In this case, two scenarios are considered: if it is registered before or after privatization. The main reason for discharge before privatization is the deregistration of parents who lived with their children. In the second case, the child should be provided with housing comparable to the previous one. This is a prerequisite so that the guardianship authorities are not able to disrupt your plans related to relocation. Try to negotiate everything with them in advance. To do this, prepare a full package of documents and, most importantly, information about the new place of registration, which the council will need to give permission. If this is not possible, and for some reason your new housing will have less living space, do not worry, as there is also a legal way out of this situation. To do this, when buying a two-room apartment for a family of three people, housing should be issued only for one parent and child. With this design, the amount of living space of a minor will increase. It is better if the consent of the commission is stated in writing.

Another variant

Now let's talk about how to discharge a minor from a municipal apartment.

The easiest way to resolve this issue is to submit documents to the court that will be evidence of the non-living of the child in your living space. For this, extracts from a kindergarten or school, medical institution, etc. are suitable. If the child lives with you, then the main argument for discharge will be to provide information about the new place of registration.

Statement of sale

When selling any apartment, the issue of deregistration in the passport office of tenants remains relevant. There are two options for resolving the issue: before the sale transaction or after the transaction itself.

When selling a home, the buyer always wants the former tenants to be discharged before the transaction, but if suddenly problems arise and the contract is not concluded, much time will be spent on restoring the old residence permit. Therefore, most often the seller tries to write out only after the transaction is completed. There are fixed periods for this in the legislation, this time is prescribed in the contract of sale of any housing. If for some reason the discharge did not take place, a penalty is paid for each day of delay. Therefore, all try to comply with all clauses of the contract.

Description of procedure

The algorithm for how to write out children when selling an apartment is as follows:

• you need to write an application and submit it for registration at the passport office in a new place of residence;
• a personal passport must be attached to the application, in which there is a note about your relationship with the child, the birth certificate of the baby and documents that are title to the apartment;
• the passport will be returned within 3 days already with a mark on registration at the new registration address.

Documents for discharge from the apartment must be in the original, photocopies are not allowed.

General instruction

With the relevance of the question of how to prescribe a child, you will need the following instructions, having studied which you can get answers to many questions:

1. Contact the FMS department at your place of residence. You should have a passport and a birth certificate with you. There you must write a statement about the need to discharge a minor indicating the reason.
2. If you live in another city, then you need to write a registration application in the FMS department. The extract will pass automatically within 2 months, the authorities will directly deal with this.
3. An extract can be made by an authorized person who will contact the migration service in your place. Documents must be executed by a notary. In addition to your documents, he needs to provide his passport.
4. When the apartment is privatized and the child has a part in it, for deregistration documents are submitted that indicate the new place of registration or a bank account, which contains an amount equal to the share of the sale of the apartment. These documents are needed by the guardianship committee in order to authorize an extract.
5. The court can remove the minor from the apartment, having made a specific decision on this issue, if there are documents confirming that he does not live at the address of registration.

Child registration

The above information will tell you about the legal ways to write
minor child from the apartment, now we will discuss the registration.

For registration you will need the following documents:

- house book of the apartment;

- birth certificate of the child;

- passports of parents.

Basic Rules

1. If the child was just born, there is no problem, he is automatically prescribed at the place of residence of one of the legal parents. In this matter, the consent of the owner of the apartment or other residents is not required. All documents for registration are the passport of the parent in whose territory the child will be registered, and the written consent of the second parent. Remember that a newborn should be prescribed within 10 days of birth. After this period, parents will pay the penalty stipulated by the legislation of the country, the amount of which depends on the period of absence of registration.
   
2. It is unlawful for children to be registered with living parents on the territory of other relatives if at least one of the parents does not live there. This rule applies to all minors under the age of 14 years. If the parents are registered at different addresses, by mutual agreement it is decided on whose territory their child will be registered.
3. The bulk of the documents are taken in a housing office, because it is they who have all the necessary information about the apartment. When registering a newborn, his birth certificate must be in the appropriate authorities for several days and will be issued already with a registration mark.
4. It is important to remember that when registering a new tenant the rent increases, as it is calculated on the number of people registered in the apartment. Change of residence is possible only after reaching 16 years.
5. When parents divorce, the issue of registration is decided either with the consent of the pope and mother, or in court. In most cases, the baby is prescribed to the mother, but if there is information that she infringes on the rights of the minor, he will be prescribed to the father. To resolve this issue, seek the help of a good lawyer. After all, the law provides for the protection of children from illegal actions of adults.

Now you know all the information about how to prescribe and register a minor child, we hope that it will help to quickly and without problems solve this issue.