How to discharge a child from an apartment and register him in another is often considered by those who, due to life circumstances, are forced to move to another city or want to improve their living conditions. The state today protects the interests of minors, so the discharge procedure must be carried out in compliance with all rules and requirements, otherwise claims may arise from the guardianship authorities or interested parties.

How to discharge a child from an apartment and register him in another apartment

It is possible to discharge a minor from residential premises only if certain requirements are met. Such a desire may be associated with various life circumstances, and strict rules of procedure are associated with protecting the interests of the child.

Registration of minors in a new place is possible if the following conditions are met:

1. The quality of new housing and living conditions are not inferior to the previous ones;
2. A minor cannot, as a result of deregistration, become the owner of a smaller share;
3. Children under 14 years of age must have a residence permit in the place of residence of one of the parents or legal representatives.

Such requirements are put forward regardless of whether the deregistration occurs in connection with the sale of an apartment, obtaining new municipal housing, or moving to another region for residence. It is impossible to carry out the procedure of discharging a minor to “nowhere” or moving him from a comfortable apartment to a dorm room.

The issue can be resolved in the following ways:

• submitting an application for a new place of residence;
• carrying out actions to deregister at the old residence address;
• extract with the involvement of the judicial proceedings mechanism.

The first two options involve a voluntary procedure and often the need for discharge is related to the sale of housing or relocation. The judicial procedure allows you to resolve conflict situations that often arise between parents after a divorce. Control over property transactions involving child owners in terms of compliance with their rights is now entrusted to the guardianship authorities.

Documentation

Most apartments are currently privatized, and children may have rights, as owners, to part of the housing. To deregister such a minor owner and reassign him to another address, you will need to contact the guardianship department for permission. Guardianship authorities are required by law to protect the interests of children and protect them when necessary.

Dismissing a child from a privatized apartment may create a risk for him regarding his rights to real estate. Therefore, the re-registration process is carried out with the involvement of the guardianship department. The guardianship and trusteeship authority will give consent under certain conditions:

• In the new home, the minor must receive the same share of property as in the previous place of residence.
• Living conditions must meet the standards and also be no worse.

The POO does not have the right to give consent to re-registration if these requirements are not met. Situations are possible when the child is not returned his share of real estate, an apartment, in which case he must receive appropriate monetary compensation for it. The funds are transferred to his bank account.

ATTENTION! If the Public Prosecution Service or other authorities determine that the child is living in worse conditions in the new place, his previous registration will be restored.

Therefore, compliance with all requirements for the discharge and registration of a minor is important not only for the seller of the apartment, but also for the buyer. Since the sale transaction may be considered invalid, or the new owners will have an additional tenant .

Parents or guardians who are involved in the discharge and registration of a minor will need a certificate about who lives in the apartment; it is taken from the passport office at the place of residence. To obtain such a certificate, you must provide the following documents:

1. The minor's birth certificate or passport, if you already have one.
2. Parent's passport.
3. A document confirming the child’s ownership of part of the apartment.

Along with these documents, an application for alienation of the property is also submitted. A thorough check is carried out to determine whether the rights of the child are being violated. If all the conditions for the discharge are met, the guardianship authority gives a positive conclusion on the possibility of carrying out the transaction.

When a family receives rights to new housing, the minor is discharged from the old apartment and registered in a new one. What is needed to register children? An application for an extract is submitted to the passport office, it is drawn up according to the approved sample.

To apply, you must take with you your passport, birth certificate of the minor, documents on the child’s property rights, and a conclusion from the guardianship authority. A new address must be entered on the departure sheet, where at least one of the parents and the child himself will be registered.

ATTENTION! Consent is not required from the PLO if the child is not the owner of the home or part of it.

When selling an apartment

The total number of steps in the real estate sale process and the number of documents required depends on whether the minor is the owner of the premises. If the child does not have a share, then in this case the procedure is considered simpler, since it is not necessary to obtain permission from the regulatory authority, which acts as guardianship. Without such a document, it will be impossible to register the transaction in the future.

Obtaining permission to sell an apartment will require providing the guardianship with the following list of documents:

• completed application form;
• the child’s birth certificate or passport, if available;
• ID cards of legal representatives;
• certificate on the number of residents;
• title documents for new housing;
• technical passports of residential premises;
• certificate with personal account details.

Permission from the guardianship authority in the case of a child owning a share is required not to carry out the deregistration procedure, but to be able to freely register the sale transaction. The deregistration procedure can be carried out in several ways, the choice of which depends on the circumstances and the availability of consent to carry out such actions. With a voluntary decision, parents can submit documents at the place of old or new residence. In cases of disagreement, the issue is often resolved through the use of a judicial mechanism.

Where can I apply?

There are several options for applying.

In the MFC (My documents)

You can contact the Multifunctional at your place of residence. There you will need to go through several windows:

1. compare papers;
2. take an extract from the house register;
3. certify a copy of the application from the manager, and so on.

The service is provided within three working days. Then you will need to come to the same MFC for documents.

At the passport office

You can contact the passport service directly. In this case, the procedure will be the same. The list of papers needed for the procedure also does not change.

On the State Services website

It is possible to submit an application electronically through the State Services web portal. For this purpose, you need to open it and fill out a special form and upload scanned copies of the papers required for extract and registration.

Important! Within three working days, an invitation will be sent to your email address to visit the passport service with the original papers to check them and make a final decision.

Step-by-step instruction

The easiest way to discharge a child is to submit documents at the new place of residence. With this option, the registration authority will independently transfer the documents for deregistration to the old address.

Sequence of necessary actions:

1. Collection of necessary documents;
2. Appeals to the registration authority of the Ministry of Internal Affairs;
3. Waiting for the package of papers to be verified.

Citizens must complete and submit an application to the registration authority. Instead of minor children, such actions are performed by parents, and a child from 14 years of age fills out the forms independently.

The required papers for discharge include:

• child's birth certificate, and from 14 years of age, passport:
• ID cards of legal representatives;
• document serving as the basis for moving in.

The registration authority is given 3 days to send a notification to the registration authority located at the previous place of residence. Receipt of such a document provides grounds for deregistration of the child.

The method of deregistration with reference to the old place of residence is often used when citizens move to another city. This also requires filling out an application indicating the departure address and providing identification documents. If the place of future residence is unknown, then the document indicates the reason for the discharge.

How to register at a different address?

The simplest option for discharge is to immediately submit an application for registration of the child in another place without discharge.
Then the structures of the Ministry of Internal Affairs themselves transmit data about the new registration, and the minor is discharged from the previous place. Important! In this case, a child under 14 years of age can also be registered exclusively with his parents.

What papers will be required?

To change a child’s registration, you must provide the following documents:

• birth certificate;
• passport (from 14 years old);
• document of the person who is the legal representative of the minor;
• statement of intention to remove the child from registration.

The application is drawn up randomly.

This is a comprehensive list. That is, the passport structure cannot require additional certificates or consents. It also does not change depending on the form of real estate.

Who is applying?

1. For children under 14 years of age, the application must be submitted by parents or persons replacing them. The child himself does not have to be present.
2. Children over 14 years of age have the opportunity to submit applications themselves with the consent of their representatives.

The application indicates the address where the child will be registered in the future. If there is none, for example, the family leaves for permanent residence in another country, the reason for the discharge is described.

Applying through government services

If you register on the government services portal, you can simplify the process of checking out of an apartment, but this requires an account with the “verified” status.

To receive the service, you must fill out an electronic application indicating information about the following documents:

• passport;
• birth certificates;
• foundation documents'

Once completed, the form is sent for verification. Next, a message will appear in the applicant’s personal account inviting him to make a visit to the territorial office of the Main Department of Migration Affairs of the Ministry of Internal Affairs. The notification will be sent by email or phone depending on the option chosen. When visiting the department at the appointed time, you must have original documents with you.

How to change your registration: what documents are needed, procedure, deadlines

1. Register immediately. To do this, you should appear at the Federal Migration Service or MFC at your new place of residence and submit a standard package of documents. However, it is not necessary to register at your old address in advance.
2. Get temporary registration. In case of long-term departure, each person has the right to obtain temporary registration within 90 days of stay in the new place.

1. We decide on the type of service. Either we immediately submit documents for registration at the new address, or we first register, and only then submit documents for registration. Most often, the first option is chosen, since there is no need to visit the Federal Migration Service several times, fill out a departure form, or hand over your passport. Only in rare cases is registration obtained in stages. For example, if, when selling an apartment, the buyer demands that all old owners be registered before the transaction, but there is nowhere for them to move in yet.
2. We choose the method of submitting documents - in person or electronically. Registration on the public services portal will allow you to fill out an application electronically with easy navigation and receive an invitation to the registration authority.
3. Prepare and submit original documents to the MFC or the FMS department.
4. After 3 days , pick up your passport with notes about the change in registration.

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Extract through MFC

MFCs were created for the convenience of receiving and processing by Russian citizens, as well as relieving the workload of departments. Documents are accepted in a “one” window mode, which makes the process easier for clients.

Extracting through the MFC has the following advantages:

1. Transparency of interaction;
2. Clarity of regulations;
3. Quick results;
4. Possibility of obtaining consultation.

The possibility of pre-registration allows the applicant to plan his schedule and receive the service at a pre-arranged time. The list of documents for extract is of the same type and is determined by the current rules. You can submit a package of papers to the MFC in person or through a representative in the form of a proxy, which is convenient for busy people and those who are physically unable to visit the territorial office.

Consequences of fictitious temporary registration

There are cases when parents want to enroll their child in a good educational institution, choose a permanent or temporary address assigned to it and register there. Although in reality neither the teenager nor his parents have anything to do with him.

Expert opinion

Golubev Denis Petrovich

Lawyer with 7 years of experience. Specialization: civil law. Author of dozens of articles in the media

Criminal law measures are provided for such actions. Thus, Federal Law No. 376 of December 21, 2013, which is responsible for punishing citizens who violate registration rules, has become more stringent. Now, fictitious registration is punishable by a fine of 100 to 500 thousand rubles or imprisonment for up to three years. And the temporary registration of a minor child, carried out in circumvention of the law, will have serious consequences for the parents.

Punishment applies both to parents who fictitiously registered a child, and to those who provided an apartment for these illegal actions.

Attention! People who are trying to illegally make money by registering a large number of citizens in their apartment need to know that such a risky option can be punished.

This is important to know: Features of registration and payment of state registration fees, general concepts about registration

Without the mother's consent or without the father's consent

According to current rules, a child under the age of 14 must be registered with a parent, and the specific place is determined by mutual agreement. legal representatives. If this does not happen, then the issue of deregistration and obtaining a new place of residence is resolved in court. An exception to the need to obtain consent is in cases where the mother or father is deprived of parental rights.

During the proceedings, the court individually examines all the materials of the case and makes the final decision whether it is possible to satisfy the stated requirements.

The reasons may be:

• termination of the contract for free use of housing,
• transfer of ownership to another person;
• termination of the relationship between the child's parents.

The judicial mechanism makes it possible to resolve conflict situations regarding the child’s place of residence, which often occurs in the event of parental divorce. To do this, a statement of claim is filed with a request to discharge the child and a package of documents, which serve as the basis for the court to make a decision on the possibility of deregistering the minor.

Discharge of a child is possible only under certain circumstances, and the procedure is determined by current legislation. To simplify the process, citizens can use the services of the MFC or government services, and in the event of conflict situations, problematic issues can be resolved during legal proceedings.

How to change your registration

In general, in theory, nothing is required except the consent of the owner, but besides the theory there is a safety net and bureaucracy - they take the consent of everyone who is registered, so if the child is under 18, then his rights are represented by legal representatives (parents, guardians, etc.), i.e. e. The consent of the child’s mother may well be required.

No, I don’t live there a little bit. I’m in Michurinsky, I’m now grasping at everything in a row, I don’t know what’s best, so far it seems like they’ve decided to pay for it, so then there’s no need to bother with registration. It’s also a double-edged sword for me to change it, my sister lives there, I don’t want to cut her any slack. Otherwise, she already considers herself the navel of the earth, now if she checks out, she will lose all fear.

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