Is it possible to get a mortgage for an apartment for a child?

Lawyer and real estate expert Svetlana Kirillova answers:

It is possible to register the shares of the owner’s children in the ownership of an apartment that was purchased with a mortgage loan. Since the ownership right is encumbered with a mortgage, registration will require coordination with the guardianship and trusteeship authorities, as well as the consent of the bank that issued the loan. Guardianship authorities usually do not consider issues of purchasing property for minors, but in this case, the children’s shares will be pledged to the bank, and this requires their permission.

Despite the fact that the apartment encumbered with a mortgage belongs to the owner, he cannot freely dispose of it without the consent of the bank. And the transfer of a share in property rights to other persons, even if these are his own children, is precisely the disposal of property. The bank has the right to refuse the owner to approve such a transaction without giving reasons. Therefore, we recommend that you first contact the bank that issued the mortgage loan and get at least verbal approval, and only then contact the guardianship authorities.

I would also like to draw attention to the fact that the transfer of a share to children is formalized by an agreement, which must be certified by a notary.

Is it possible to sell an apartment?

The biggest problem in such a transaction is that the law is written in general phrases, and the guardianship authorities bear a huge responsibility for the child. How do the guardianship authorities approach the case? The fact is that when selling an apartment whose owner is a minor citizen of the Russian Federation, it is necessary to obtain the appropriate permission. The country does not have a unified regulatory framework regulating this issue, so the authorities rely on internal standards, which are sometimes very difficult to understand.

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The main role of the guardianship authorities in the transaction is to protect the rights of the child by exercising strict control. In this case, it is necessary to distinguish between situations when a minor is simply registered in an apartment, and when he has a share in it. The first situation does not bring problems, because the guardianship authorities do not have powers in this area. Children can enter into real estate transactions, but their actions are limited by law. Thus, it is necessary to have the written consent of the legal representatives of the minor.

Private practicing lawyer Victoria Suvorova (Pyatigorsk) answers:

If we are talking about buying an apartment on a mortgage using maternity capital funds, then allocating shares to children is not your right, but an obligation by law. This can only be done after the mortgage has been fully repaid.

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Until this moment, any actions with the apartment, including donating shares to children, require the consent of the bank where you have the loan, and in this case the bank is unlikely to give you such consent.

Difficulties in allocating a child's share

The rights of minors are enshrined in the Family Code. Their protection and monitoring of compliance are monitored by guardianship authorities. A third party, the lender, takes part in the procedure for purchasing real estate using borrowed resources. Thus, the interests of the family, the bank and the supervisory authorities must be taken into account. In this case, you must comply with current legislation. It is this composition of stakeholders that makes such transactions difficult to carry out, requiring increased attention and additional knowledge.

Is it possible to allocate a share to children?

Based on current legislation, parents must ensure the right of minors to own property. In the case of a mortgage, the allocation of a share usually occurs after all obligations have been repaid. If a family certificate was used to make the first payment or early repayment, allocating a share to the child is not only possible, but absolutely necessary.

Let's consider another situation. The family plans to sell the apartment in which the minor is registered, in order to subsequently buy a new one, partially using loan funds. In this case, permission from the guardianship to conduct the transaction will be required. To obtain it, it is necessary to inform the supervisory authority that the child will be granted the right to own real estate, which will be purchased subsequently.

Important! It is necessary to take into account the area in the new apartment that will be available for the child. It shouldn't get smaller.

If the child is over 14 years old, his written consent to complete the transaction will be required. Here you can learn more about the nuances of the process.

The transfer of part of the property is formalized in one of these ways:

Registration of a donation, certified by a notary. Here is more detail about this procedure.
An agreement to transfer part of an object into the ownership of a minor. This document is also subject to notarization.

To avoid problems with subsequent registration of property rights, you should entrust the preparation of these documents to professional lawyers. You can get a free consultation on our portal. Despite the fact that the minimum size of children's property is not established by law, in order to avoid problems with regulatory authorities, it is best to proceed from the norm - 12 square meters for each of the children.

When is an obligation to allocate shares required?

A commitment is a legally certified document. According to it, the future owner of the apartment undertakes to share the right to own housing with children and a second spouse, if any. In simple words, the obligation allows you to delay the moment of allocating children the meters they are entitled to, but obliges them to do this in the future.

This document is required to be drawn up when using the par value of maternity capital to pay part of the cost of purchasing an apartment, including a mortgage. Without it, the pension fund will not direct the money to its intended purpose. If housing is purchased in a new building under a shared participation agreement, then it is necessary to allocate shares to children after signing the act of receiving housing, before registering the property.

Marina Kostina, senior legal adviser at Legal Services Center LLC, answers:

If you purchase an apartment using mortgage programs, the housing will be pledged to the bank. Consequently, re-registration of part of the apartment can only occur with his consent.

Parents can give their children a share in a mortgaged apartment, for example, by donation, but such a procedure, as mentioned above, will require the consent of the bank, and banks are extremely reluctant to do this.

If maternity capital funds were used to pay off the mortgage, then the shares can not only be allocated, but also must be done. The law establishes a period during which parents must allocate to their children a share in the ownership of such an apartment. This period is equal to six months from the date of repayment of the mortgage.

Hello, in this article we will try to answer the question “Is it possible to get a mortgage for an apartment for a child?” You can also consult with lawyers online for free directly on the website.

He uses such methods only to minimize the risks of repaying the loan. The bank does not have the authority to prohibit someone from registering. You have the right to register for anyone and for any period of time.

This point contradicts the basic conditions for registering a gift, which is that the donor must be present in person at the time of registration of the transaction.

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This approach is explained by the fact that when transferring property as a gift, the creditor will lose part of his rights to this property.

Is it possible to give a mortgaged apartment to a child?

Is it possible to give a mortgaged apartment to a child? According to provision No. 37 of the Federal Law of our country, collateral real estate can be sold, purchased and even donated, however, strict rules are imposed, because the banking company has the same rights to real estate, and no one’s interests can be infringed. What if you give an apartment with a mortgage to a child? Is it possible? - you ask and will receive a negative answer, because the child is considered an incompetent person. You can donate housing to your child only after the mortgage has been paid off. But it is possible to give it to an adult.

Therefore, remember that a mortgage is taken out for many years, so you may get a refusal from the bank and you will not be able to do anything about it.

If the housing is mortgaged, then the very first step is to obtain a written agreement from the banking company. You will not be able to complete the transaction without approval. To do this, you need to convince the bank that the new owner will be solvent, so you will definitely need a certificate from your place of employment, which will indicate your salary.

Drawing up a gift agreement requires the mandatory participation of a notary, so that he checks the authenticity of the documents of all participants, makes recommendations and draws up a further plan of action. Especially if you don't understand housing issues.

Consumer loan as an additional payment

When making such a transaction, the living conditions of the children should not worsen. Guardianship looks at both the quality of both real estate objects and the actual size of the share (essentially the area) that already belongs and is expected to belong to the minor.

If the result is positive, the borrower is given official written permission to complete the transaction.

The borrower has the right to seek the inclusion of a clause on the possibility of alienation of real estate already at the stage of drawing up the contract. However, many banks initially prohibit such transactions. If such a clause is included in the contract, it will be impossible to issue a deed of gift.

As a rule, bank representatives are interested in retaining the client and, quite likely, will meet them halfway. Once the contract is signed, it is impossible to change the terms of the agreement between the borrower and the lender.

However, it must be taken into account that transactions involving funds from a mortgage loan, where a minor child becomes the owner of a share, require permission from the guardianship and trusteeship authorities, since simultaneously with the transfer of ownership of the share to the child, this share is simultaneously encumbered with a pledge in favor of the bank.

Registration of owners and their immediate relatives in mortgaged apartments is complicated by the fact that the issue is poorly covered in any regulations or federal laws.

Let us remind you that maternity capital is a certificate for issuing cash for the birth of a second child in a family.

As in the case when the child is not the owner of the existing property. Then we simply sell our apartment, take out a loan and buy a new, more expensive apartment, which we mortgage to the bank. And over the years, having paid him off in full, we seek to remove the deposit. By the way, you can immediately register and live in this apartment.

If we are talking about the use of maternity capital funds, the Pension Fund asks to bring a notarized promise to provide shares in the purchased residential real estate to children after repaying the loan and removing the encumbrance. The problem can also be resolved in court, that is, by obliging the lender, on the basis of a court decision, to give its consent to the allocation of a share in the mortgaged housing to children.

The Volkovs could have acted differently: sell the old apartment, take out a mortgage, pay off the down payment from the proceeds, and then take out a mortgage to purchase a new residential property. Statistics show that every third Russian family takes out a mortgage. Most often, the choice falls on a spacious living space - a 2-room or 3-room apartment. The ideal layout of mortgage housing allows you to allocate sufficient meters to all family members.

The court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family.

To avoid possible conflicts with a financial institution even at the stage of preparing documents for registering a child in a mortgaged apartment, it is advisable to notify the bank of your intention.

When purchasing, if the account or the amount of the penalty for the apartment was arrested within the established period within a month, then the deadline was not missed. After the expiration of the time specified in the law for work, the period for repayment of the loan debt begins immediately before this number due to the absence of bailiffs from the last employer.

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In this case, a criminal case has been initiated (including, you have the right to present evidence in other appendices to the order).

Do not miss! The latest news of the country's Housing Legislation is collected in the new edition of the Housing Code of the Russian Federation. Download the document in the downloads section and study it in the format in which you are most comfortable.

To reduce risks, the bank may require an increase in the down payment or the provision of additional collateral. If, nevertheless, it was possible to find a bank that agreed to issue a mortgage with the inclusion of the child among the owners, then the minor, together with his parents, acts as a legal transferee under the mortgage agreement.

How to allocate before and after loan repayment?

Conventionally, the procedure can be divided into two stages: before repayment of the mortgage debt and after repayment. Let's consider how you can allocate a share of a mortgaged apartment to a minor child before or after repayment? The first step is to contact the bank to receive from its employees a letter of request from the bank to provide the minor with a share in the apartment purchased under a mortgage.

If employees report that issuing a letter is possible, it is necessary to complete the preliminary procedure for obtaining a mortgage :

Submit documents for a mortgage to the bank:

income certificates;
passport;
birth certificate;
spouse's consent to purchase real estate, and so on.

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Get pre-approved for a loan.
Find the seller and receive from him a package of documents for the property being purchased.

After this, you must contact the guardianship and trusteeship authorities with a letter of petition , as well as the following documents in the list:

An application containing a request to issue permission to change housing.
A complete package of documents for the apartment being sold, in which the child is registered as one of the owners, as well as documents for the apartment being purchased:

technical certificate;

floor plans and explication from BTI;

report on the assessment (how the market value of real estate is assessed can be found here);

preliminary purchase and sale agreement.

Documents confirming the parents’ ability to repay the loan:

income certificates in form 2-NDFL;
copies of work books with notes on work experience and/or concluded employment contracts (it is also possible to provide a GPC agreement).

After submitting the documents, an authorized person from the guardianship and trusteeship authorities conducts a conversation with the parents , finds out the goals they are pursuing, assesses compliance with the rights of the child, and so on. Based on the results of the conversation, the PLO establishes the required amount of the share in the ownership of real estate purchased with a mortgage.

Within 2-3 weeks, maximum within 30 calendar days, the PLO makes a decision - this can be either the issuance of written permission or a refusal with detailed arguments for such a verdict. The further procedure for obtaining a mortgage is not much different from conventional mortgage lending: the documents of the real estate seller, together with the written permission of the OOP, are sent to the bank, after which the bank management makes a decision on signing or not signing the final mortgage agreement.

After paying off the debt, parents need to pay off the encumbrance in Rosreestr - this is a very important stage, without which alienation of rights to real estate is impossible (read about why state registration of a transaction is needed when taking out a mortgage loan and how the agreement is registered, read this article). To do this, you need to get a certificate from the bank employees about the absence of debt and claims, and then, with this and the other required documents, contact Rosreestr to remove the encumbrance.

If the bank categorically did not want to issue a loan with the condition that one of the owners would be a minor, and at the same time, in the old apartment the child was not registered as one of the owners, then allocating a share to the minor is possible after repayment of the debt.

How to allocate a share in a mortgaged apartment to a child

Bank employees check the identity of the recipient and make a decision. The lender will be interested in the solvency of the new apartment owner, so he will carefully assess his level of income, the number of dependents in his family, and the presence of other credit obligations. To receive a positive decision from the bank, the recipient must be ideal in terms of receiving a loan.

The quality of the housing purchased, as well as the area in which it is located, also matters. The guardianship authorities may not give permission to a transaction in which an apartment with an improved layout in the city center is sold, and a “Khrushchev” apartment on the outskirts, albeit of a larger area, is bought (formally, the child’s living conditions are worsening).

It provides that upon the birth of a child, the borrower has the right to receive a deferment in order to repay the debt (but no later than the baby turns three years old).

The subject of the transaction can be apartments, rooms, houses and even shares of property. If we are talking about the latter option, then the written consent of all co-owners will be required.

Often, square meters of a mortgaged apartment cannot be transferred immediately. For example, if maternity capital was used, a deferment of execution is allowed - in accordance with the obligation to allocate a share to children. Further, you can transfer a part under a gift agreement or an agreement between spouses.

In accordance with Art. 80 of the RF IC, residential premises (parts thereof), division of property that does not acquire the right to this property (Clause 1, Article 36 of the RF IC).

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The owner can transfer his property into trust management to another person (trustee).

In the vast majority of cases, the law remains on the side of children, who under 14 years of age must be registered with their legal representatives.

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There are no restrictions on registration unless you have agreed on them in advance and specified them in the loan agreement.

Unlike purchase and sale, when donating a share of an apartment, the consent of other owners is not required. If a minor is involved in the transaction, the contract is signed on his behalf by a legal representative.

Federal Law No. 102 of 1998 contains the main points of the relationship between the bank and the borrower in mortgage transactions.

You won’t be able to persuade bank employees not to pay attention to this “trifle.” The bank's position is very simple. If someone takes out a mortgage loan secured by the housing they have, then the owner of this housing or even its share should not be minors. Otherwise, there are no guarantees that the housing will be sold without difficulty and that the proceeds will be used to buy a new one.

Possible problems The main problems are the approval of the mortgage by the guardianship authorities, and the banking company can also refuse the applicant directly. Based on this, you should look for a certain way out of the situation.

Unless otherwise provided by law or the pledge agreement, the pledgor who retains the pledged property has the right to transfer the pledged property for temporary possession or use to other persons without the consent of the pledgee. In this case, the pledgor is not released from fulfilling his obligations under the pledge agreement.

If the apartment was purchased with a mortgage, and maternity capital funds were used to repay part of the debt, then allocating a share to children in such housing is mandatory. This is one of the conditions for using this preference.

Child's share in the mortgaged apartment

Is it possible to allocate a share in a mortgaged apartment to a 5-year-old child?
How to allocate a share in a mortgaged apartment to a child.
How to allocate a share to children in a mortgaged apartment?
Is it possible to allocate a share to a child in a mortgaged apartment?
How to allocate a share to children in a mortgaged apartment?
Child's share in the apartment
What is the child’s share in the apartment?
Register the child as a share of the apartment
Minor child's share in the apartment
Share in the apartment of the wife and child

1.1. All issues with the bank and the guardianship authority (according to the children’s shares) should be resolved.

1.2. The apartment is pledged to the bank and cannot be sold. If the bank goes to court with a claim to collect the debt and foreclose on the collateral, then by court decision the bailiffs will handle the sale of the apartment, despite the children’s shares.

2.1. They should be allowed in, since there are no obvious signs of deterioration in the child’s living conditions. Moreover, the conditions in the house may be better: there is more living space.

3.1. It all depends on whose ownership the apartment being purchased is currently located. If the apartment is currently owned by one person (not shared), then a notary is not needed.

4.1. No, since your spouse purchased this apartment, albeit with a mortgage, before marrying you, even though you are a co-borrower. You need to either enter into a prenuptial agreement, or, after paying off the mortgage, decide to allocate your share, although formally you do not have the right to it.

5.1. You can divide your personal account ONLY by agreement with the bank, and you can also allocate additional mortgage funds to your apartment only by agreement with the bank.

6.1. Sure you can. Draw up an agreement on the allocation of shares and submit it to the MFC.

6.2. Yes, you can, now it is possible to make a record of common joint property in the Unified State Register.

7.1. Elena, she can be deprived of her share only for that part of it that she did not pay for the mortgage.

8.1. Olga, until you pay off the mortgage, you will not be able to pay the shares to the children, and the guardianship will not give you permission to sell the already allocated shares of the children.

9.1. Marina! Draw up a notarized agreement to renounce the share in the apartment.

10.1. After repaying the loan and paying off all debts to the bank. As well as the allocation of shares, the father of the children can make an agreement of donation of his share to the children. In this case, such a transaction is not subject to tax - because the donation is carried out by the closest relatives and in fact, his share in the ownership of this apartment will not be. You just need to decide whether it will be just a gift or whether he will give his share to pay alimony. This is very briefly related to your question.

11.1. Elena, you have the right to sign a settlement agreement with a notary on the terms of the division of property.

11.2. Open the Family Code or pay a lawyer. Otherwise, subsequently the notarial agreement will rise to 15,000 rubles

12.1. In accordance with Part 4 of Article 60 of the Family Code of the Russian Federation, “the child does not have the right of ownership of the parents’ property, the parents do not have the right of ownership of the child’s property.” In accordance with Part 3 of Article 60 of the RF IC, the rules provided for in Article 37 of the Civil Code of the Russian Federation are applied to transactions of the legal representatives of a minor with his property, which states that you, as the legal representatives of your minor children, do not have the right, without the prior permission of the guardianship and trusteeship authority, to make, or give consent to transactions for the alienation of the property of the ward. Thus, you need to submit an application through the MFC or via the Internet to the regional state portal. services to the guardianship and trusteeship authority in order to obtain permission for a purchase and sale transaction. The transaction will be permitted subject to either the acquisition of equivalent real estate in the name of the minors, or an account can be opened in the name of the minors and the money from the sale can be transferred to this account. You will also subsequently be able to manage these accounts until your children reach the age of majority only with the permission of the guardianship and trusteeship authorities. Previously acquired property can no longer be subject to conditions.

The nuances of registering a minor child in an apartment with a mortgage

It is quite possible that after reading this, someone will have a gloomy picture when possessive children unwittingly become the cause of many problems for parents. However, this is not quite true. In some cases, there are pleasant moments associated with children even in such a serious matter as a mortgage.

Property belonging to another person, a child in this case, is not subject to division. Another reason to register an apartment for a child is the safety of property.

In order for the bank to make concessions and allow the deed of gift to be issued, it is necessary to prove the feasibility of the operation. This could be, for example, a sharp deterioration in the health of the donor, or his advanced age.

Is it possible to get a mortgage for an apartment for a child?

Another possible scenario is possible. One of the owners closes his loan obligations ahead of schedule. But he has no right to dispose of his share, since the apartment is still pledged to the bank.

Thus, a mortgage during maternity leave is only available to a high-income intact family with more than two children. A family expecting a new addition, in turn, must also soberly weigh their budget and calculate how much mortgage payments will hit their wallet. After all, small children are an additional and very significant expense item. It is known that, according to the law, it is possible to use maternal (family) capital to improve housing conditions, that is, to buy an apartment or house, when the child turns three years old.

Is it possible to get a mortgage for an apartment for a minor?

Yes, this is possible: the owner of real estate can be either a capable or incompetent person (children under 14 years of age are incompetent persons in accordance with Article 28 of the Civil Code of the Russian Federation).
However, you need to understand that banking organizations are extremely reluctant to enter into such a transaction. If the borrower refuses to repay the loan or is simply unable to do so due to a dire financial situation, the bank will have to quickly sell the property to compensate and prevent future losses. But this becomes almost impossible to do if one of the owners is a minor, since the implementation of their rights is actively monitored by guardianship and trusteeship authorities, as well as other government agencies.

Therefore, the guardianship authorities will not meet the parents halfway (permission from the guardianship authorities must be obtained to obtain a mortgage with the participation of children). For this reason, banks and guardianship authorities almost never agree that the purchased property be fully registered as the property of the child. But the conditions are softened if the mortgage is issued to the parents as well, and the minor becomes only the owner of a share in the apartment or house.

The child’s share, an important nuance when applying for a mortgage on an apartment

If the borrower is unable to pay the mortgage, it will be very difficult for the bank to sell the collateral housing in which the child has a share.

Secondly, you can offer the bank other real estate (where there is no share of the minor) as collateral, if the family has one. Or give the child a share in the apartment of relatives (grandparents).

Then the gift deed itself is drawn up. Currently, it is not necessary to have it certified by a notary. However, practice shows that a qualified lawyer helps not only to correctly draw up a document, but also to avoid ambiguous wording due to which the gift agreement may be invalidated.

Mortgage differs from other types of lending, first of all, in its long-term nature. Even ten years may pass from the moment the contract is concluded until the last installment is paid. And, of course, during this period of time, circumstances may seriously change, for example, the owner will have a desire to give someone a mortgaged apartment. Ownership of a mortgaged apartment is transferred only to persons who have confirmed their desire to receive the property by inheritance. The heirs must submit such an application to the notary's office within 6 months. Also, any of the applicants can send an official refusal to accept the property, or refrain from submitting an application.

Possible solutions to the problem.

This condition applies if the family decides to buy an apartment or invest money in building a house without taking out a loan. If you buy an apartment or house with a mortgage, you can bypass this requirement.

It is possible to partially or fully repay the mortgage loan from maternity capital funds, if the amount of the remaining debt allows.

You also need to know whether this will require permission from the banking institution. Let's take a closer look at all the nuances associated with these issues.

Before contacting the guardianship authorities, the borrower must obtain a preliminary decision from the bank on the possibility of obtaining a mortgage, find a buyer for the apartment being sold and find housing to be purchased. Parents must provide the guardianship authorities with an impressive package of documents for both apartments, as well as the bank’s consent that the owner will be a minor child.

Over the past 10 years, mortgages in our country have been developing rapidly and are becoming increasingly popular every year. Now this is almost the only way for the average person to acquire their own home.

If divorcing owners of a mortgaged apartment have minor children, the court has the right to deviate from the standard rules for dividing loan payments.

Definitely yes, but the contract may indicate an additional condition when discharging children if the bank’s conditions are not met or the borrower is a debtor.

These rules differ for a co-borrower-spouse. When applying for a mortgage, husband and wife have equal rights and responsibilities to the bank. In the event of the death of one of the co-borrowers, they will pass to the surviving spouse. Therefore, if the wife did not enter into an inheritance after the death of her husband, she will still have to pay the loan and pay for property insurance for the mortgaged apartment.

The list of rights that the borrower is entitled to in relation to the property is determined by each bank independently. Most often, the lender's permission is not required to register in the apartment yourself and register your family members there.

Either banks provide for a similar development of the situation in the contract - they prescribe mandatory early repayment of payments in the event of a divorce or require a marriage contract to be drawn up, in which all the nuances will be spelled out. It is worth noting that a prenuptial agreement helps not only in controversial situations with mortgage housing, but also in other, no less difficult situations.

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For the bank and spouses, the best option is to repay the mortgage payment early (the payment is divided into equal shares or through a court order).

Possible problems There is a certain risk when parents use a form of mortgage lending to purchase a home.

If there is no such rule in your mortgage agreement, then you still have a chance to convince the bank representatives that donating this apartment is primarily beneficial for them. For example, the current owner of the property is elderly or seriously ill, and therefore wants to transfer all the rights and obligations associated with the apartment to his employed son or daughter.

We also note that if you are going to give an apartment with a mortgage debt to a minor child or an elderly person, you will not receive the bank’s consent to this transaction since it is almost impossible to obtain timely debt payments from disabled persons.

Families who have not had time to take advantage of family capital find themselves in the most advantageous position.

You should not abuse your own position, because the bank, in the absence of mortgage payments, has the right to demand that the child be discharged from the mortgaged apartment. This usually happens before they decide to sell it.

Latest questions on the topic “mortgage for a minor child”

How is a divorce filed if there is a mortgage and a minor child?

Good evening, I’m planning to divorce my husband, we have a mortgage and a 6-year-old child. How to resolve property issues without selling mortgaged housing? I plan to continue to live there with my child. It would be an option if he renounced his rights to the property.

Is it possible to purchase a home with minor children and a mortgage?

Hello. Real estate question. I am going to buy an apartment that was purchased using maternity capital in 2013 in a new building. The owners of the apartment are a husband, wife and their two minor children. Now they live in another one.

Can a guardianship refuse to give permission to buy a house with a mortgage?

Good afternoon Our family took out a mortgage for a 3-room apartment under the “Young Family” program using a certificate. When receiving a mortgage, my husband and I signed an obligation to allocate a share of the apartment to a minor child when the mortgage was repaid. .

Is it possible to re-register an apartment purchased with a mortgage for a minor child?

Hello. My name is Vasilina. My husband and I bought an apartment, part of the payment was mortgage funds, part was state support for young teachers (me personally). So far we have only paid for the apartment for 1 year; we took out a mortgage for 15 years. When buying an apartment, do not.

Buying an apartment with a mortgage from a family with minor children

Two identical apartments in shared ownership: 1/4 for the father, 1/4 for the mother, 1/4 for the 15-year-old daughter, 1/4 for the 11-year-old son. There is a 4-year-old daughter who was born after the privatization of this housing. Under what scheme is it possible to buy one apartment from this family with a mortgage?

How do I use funds from my minor child's bank account to pay off my mortgage?

In 2012, a family with a minor child purchased an apartment on the secondary market with a mortgage. In 2013, this minor child participated in the privatization of a dorm room. After privatization, the room was sold, half of it.

What is the best way to take out a mortgage if there are two minor children in the family?

Good day, please advise how it is more profitable to take out a mortgage. I live in YUGRA, located in the Altai region, I have a family of two underage children, I work officially, the salary is 45 thousand rubles.

How to give shares to children in a mortgaged apartment?

I am divorced from my ex-husband. From my marriage I have two minor children. I purchased an apartment through a mortgage from Sberbank (57% of my money down payment, 43% loan) I want to give 1/4 shares in this apartment to my children, how can I do this?

Is it possible to register an apartment purchased with a mortgage for minor children?

Hello. We purchased an apartment a year ago with a mortgage loan. I am married and have two children, 13 and 4 years old. The loan is issued to me, my husband is a co-borrower. the apartment is registered in my name, me and the children are registered. Can I re-register the apartment for .

Mortgage, minor child

Hello! Please tell me, if an ex-wife (divorced for several years) took out a mortgage while already divorced, and has a common minor child, should the ex-husband pay part of this mortgage? Or just pay enough.

Mortgage during maternity leave

Summarizing all of the above on the topic of whether it is possible to issue a deed of gift for a mortgaged apartment, we emphasize that this is quite difficult, but in principle, under certain circumstances, it is possible. The main thing that:

such a possibility was stipulated in the mortgage agreement;
the new borrower was solvent and agreed to all the bank’s conditions;
The bank itself wanted to consider this issue.

It is recommended that citizens familiarize themselves with these documents before applying for a mortgage loan.

The most important thing to understand is that a credit institution does not have the right to prohibit registration in borrowed housing. But at the same time, each bank can set its own requirements under the contract with certain nuances. That is why it is so important to take a serious approach to clarifying all issues before concluding a deal.

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In the event of a sale of a share and the need to buy a new home with a mortgage, as a rule, they look for a way out by giving the child a share in another property, for example, in a grandparent’s apartment.

Are there any benefits?

The complexity of this situation lies in the fact that for the lender, a change of owner means additional and completely unnecessary risks. But if you still want to try your luck, then even at the stage of drawing up a mortgage agreement, insist that your rights include the possibility of donating an apartment in favor of third parties with the consent of the lender.

A mortgage loan, as you know, is a long-term loan, the payment period for which ranges from 10 to 25 years.

And if the first two points do not particularly burden parents, then the last one brings quite serious inconvenience.

Banks are extremely reluctant to enter into such transactions, because in case of evasion of payment, the bank will not have collateral to repay the loan issued. As an alternative, the bank may offer to take another object that it owns as collateral.

If initially we are talking about the sale of housing in which there is a share of a minor, with the aim of purchasing another property using mortgage funds, then it is better to immediately indicate in the application for a mortgage, and subsequently in the purchase and sale agreement, that it will become one of the owners.

The main part of the problems arises for families who want to sell an apartment in which a minor child has a share (he is one of the owners, and not just registered), take out a mortgage loan and buy a larger property. In this case, the mortgage transaction becomes significantly more complicated: according to current legislation, permission from the guardianship authorities is required for its implementation.