The law on providing housing for a child when parents divorce: what payments are prescribed, who determines the amount and how to get them?

From the moment of birth, a newborn is endowed with a certain amount of rights, the strict observance of which is regulated by Russian legislation. These include, first of all, the child’s rights to parental housing. The question of whether a child can apply for parental housing becomes more relevant than ever in property disputes arising during divorce, when selling housing to third parties, as well as when receiving square meters from the state fund through privatization .

The implementation of any real estate transaction, if minors live in it, requires, first of all, compliance with the housing rights of children.

Minuses

If you look at this issue from a psychological point of view, then the benefits of such a purchase no longer look so attractive. What consequences for personal development can be expected from such “gifts”:

consumer attitude towards parents and others, the child will subconsciously expect other handouts;
social infantilism: the child will lose the desire to adapt to changing living conditions;
reluctance to take responsibility for one’s life and loved ones, refusal of previously assumed obligations;
the child may remain unable to make responsible, serious decisions and carry them out, independence disappears;
selfishness, the child gets used to the fact that the world revolves around him and ceases to take into account the interests and desires of the parents;
problems in finding a job because he strives to go where there is a lot of money and there is no responsibility, there is no habit of achieving everything on his own.

Below I will explain each of these points.

Law “Parents’ participation in additional expenses for children”

In October 2021, bill No. 809049-7 was introduced into the Duma, and adopted and signed by V.V. Putin 02/06/2020

The law was considered quickly, without discussion, since a long-standing problem related to the difficult financial situation of the spouse, who had children after the divorce.

As a rule, the “free” husband created a new family, paid minor alimony or ignored it altogether.

Now V.V. Putin made it mandatory to provide children with housing after a divorce, and the Federation Council fully approved this proposal.

The law (Federal Law-10 of 02/06/2020) is essentially an amendment to the current Article 86 of the RF IC and introduces something new to the paragraph “Parents’ participation in additional expenses for children.”

The deputies decided that divorce is not a reason for the father to remove himself from the child’s housing problems.

And, if the children remain with the mother, and she does not have her own home, or she did not have it after the divorce, the parents are equally obliged to pay for renting an apartment or a mortgage.

Important! We are not talking about the purchase of square meters by the father if the family broke up and the children remained with the mother.

The burden must be distributed equally between the two parents, as provided for in Art. 81 of the RF IC, which states that parents are equally obliged to provide for their children.

Guarantees of housing for a child when parents divorce.

The law to provide housing during a divorce was not adopted by chance. This measure should help the parent with whom the children remain, not to worsen their living conditions.

Across the Russian Federation, a lot of cases have been registered where a husband, during a divorce, kicks his ex-wife and children out of the apartment, forcing them to live in unsightly conditions, to huddle with relatives, friends, or in a hostel.

Often the ex-wife and child remain in the apartment purchased with a mortgage, but her income is no longer enough to pay off bank obligations.

Previously, the courts considered claims related to increased alimony.

The requirement for additional expenses for the child, but there was no law on which the court could rely specifically in the case of providing housing.

Now the list of life situations has been expanded and claims will be easier to satisfy.

Children have the right to housing.

It should be understood that the father pays additional amounts for housing specifically to the children in order to provide them with decent living conditions.

There is no talk about paying the ex-wife; she, like the ex-husband, is obliged to make an appropriate contribution to the maintenance of minor children.

It must be remembered that in case of divorce and division of jointly acquired property, shares are not allocated to children.

They move to live in the living space where the parent remains, with whom, according to the court, they will live. There is only mandatory registration.

The exception is apartments purchased with maternity capital funds, or with the participation of privatization, when a mandatory share is allocated for children.

Division of an apartment in case of divorce with children.

Stage No. 2 - go to the MFC or Registration Chamber to register the donation

If the agreement is drawn up in a simple form (without certification from a notary), then the participants themselves submit documents to register the transaction. Starting from 2021, in many cities it is possible to submit documents for registration of a gift only at the MFC. Then the MFC employee themselves transfers the documents to the Registration Chamber. Those. The Registration Chambers no longer accept citizens directly, but only through an intermediary in the form of the MFC. If in your locality you can submit documents directly to Reg. Chamber, then it’s better to do so.

The process of submitting documents to the MFC or the Registration Chamber is no different, so in the instructions I indicated about the MFC.

Donors and recipients (parents and adult children) need to contact the MFC, pay the state fee and submit signed gift agreements with documents.
The state fee for registration is 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). It is paid by the recipients. Payment details can be obtained from an employee. The cash desk is usually located in the MFC building itself. There will be a commission of about 50 rubles.
After paying the state fee, the employee is provided with the following documents in originals, in order of priority:
- Passports of both parties;
- Donation agreements;
  If the agreements are in a simple form, then you can sign them in advance or in front of an MFC employee, it makes no difference.
  The number of copies of the agreement is equal to the number of participants in the transaction, plus one copy remains in the MFC. For example, if there are two donors and one recipient, then 4 copies are needed.
- If the apartment was purchased during marriage, but is registered in the name of only one parent, then donation of such an apartment will require the notarized consent of the donor’s spouse. Such an apartment is considered the joint property of BOTH spouses, even if it is registered in the name of only one of them - clause 2 of Art. 34 RF IC. Consent must be certified by a notary - clause 3 of Art. 35 IC RF. The consent of the recipient's spouse is never required when making a gift.
  For example, spouses Ivan Petrovich and Maria Pavlovna bought an apartment while married, but registered it only in Ivan Petrovich’s name. The couple decided to give their apartment to their adult son Andrey, who is also married. To register a donation, you need the notarized consent of Maria Pavlovna. Because the apartment is considered the joint property of both spouses, even if it is registered only in the name of the husband. The consent of Andrei's wife is not required.
  It costs 1,000 - 2,000 rubles to draw up and certify a consent from a notary. The consent must also be accompanied by a marriage certificate.
If a trusted person acts for one of the participants in the transaction - a notarized power of attorney. But the donor cannot issue a power of attorney for the donee to sign a gift agreement for him, and vice versa. Because the donor and the donee cannot be the same person - clause 3 of Art. 182 of the Civil Code of the Russian Federation. You can’t just sign a contract. But they can, for example, to submit documents to the MFC.

Above I wrote the main list of documents. You can find out the full list in the help window from an MFC/Registration Chamber consultant. The consultant will check the documents and tell you which ones are still missing. You can also consult a website legal consultant for free. Ask your question in the online consultant window at the bottom right of the screen or in the comments.

The employee will check the list of documents and draw up applications for registration of rights, which the parties need to sign . Everyone has their own statement.
After signing the applications, the employee will take away all the originals of the submitted documents. In addition to passports, they will make copies of them. Then he will give each participant a receipt/inventory of receipt of documents.
The MFC employee will hand over the documents to the registrar. The registrar will check the documents and the correctness of the contract. If everything is correct, the registrar will register the transfer of rights and make an entry in the Unified State Register.
Registration period for a donation transaction: 9 working days if documents are submitted to the MFC; 7 working days if documents are submitted directly to the Rosreestr office - Art. 16 of the Registration Law. In practice, they do not always meet the deadline. The receipt will indicate the phone number. You can use it to find out if registration is ready if you provide the case number and PIN. They are also indicated in the receipt.
On the appointed day, participants must pick up their copies of the agreement with a state registration mark. It is not necessary for everyone to come to the MFC at the same time. You can do it separately at different times and days. The adult child or children will also be given an extract from the Unified State Register of Real Estate (for the apartment). It will not be written that he is now the owner of the apartment. Certificates of ownership have been canceled and will not be issued as of July 2021. Have your passports and receipts with you.

Children, as new owners, can register in the apartment. Instructions on how to register in your apartment. If the former owners want to check out, here are the instructions on how to check out of the apartment.

Since the son/daughter is a close relative of his parents, they do not need to pay tax when receiving an apartment as a gift - clause 18.1 of Art. 217 Tax Code of the Russian Federation. Donors also do not pay any tax.

What are the general requirements for the allocation of residential real estate to the category of children in question?

In 2021, the rules for allocating residential real estate for the category under consideration have changed significantly compared to previous years. This was due to the fact that there were many cases of fraud in real estate allocated to orphans. Previously, orphans had the right to dispose of their property more freely. But the analyzed judicial practice showed that too often young people who received housing from the state became victims of skilled scammers. Or they voluntarily sell the residential premises transferred to them and remain on the street.

ATTENTION !!! Currently, residential property allocated by the municipality does not become the property of the orphan. After 5 years of use of residential real estate, a real estate rental agreement will be concluded with children left without parental care.

Earlier legislation provided that residential premises were allocated immediately upon leaving the orphanage. Now those deprived of parental care are registered for allocation of living space. But this is done only if the relevant municipal authorities have a fund of social housing. If the municipality does not have such real estate at its disposal, then the allocation of an apartment can be replaced by the provision of a cash certificate. Such a certificate has a strictly designated purpose for its use - the acquisition of residential real estate. You won’t be able to spend this money on your whims.

IMPORTANT !!! Before reaching the age of 23, a representative of this category must be registered with the local administration for the allocation of social housing. If the above deadline is missed, he loses this right.

If the orphan managed to register for housing on time, then the right to receive housing upon reaching the age of 23 does not disappear. An orphan can be removed from the housing register only in the event of his death or upon the allocation of real estate or a certificate for its acquisition. In earlier legislation, the state relieved itself of the obligation to provide housing when those left without parental care reached 23 years of age.

In some cases, orphans are left with the apartments of their deceased parents. Social authorities for the protection of the population are taking measures to preserve this property for the orphan.

It is prohibited to allocate rooms to orphans in communal apartments. The living space must be isolated.

When can a child manage property?

Until the age of 14, the minor’s apartment is managed by guardians. Naturally, only to the extent permitted by the state (see above). All actions are controlled by guardianship and trusteeship authorities.

If a child is 14 years old, then until the age of majority (up to 18 years old) he can make transactions with an apartment. But this also requires parental consent.

A teenager receives full right to dispose of his property only after reaching the age of majority, that is, after 18 years. However, in some cases exceptions are made: the child can make transactions with housing in the event of emancipation.

Emancipation means the case when a minor is recognized by the court or guardianship authorities as legally competent.

This decision is made if the teenager is already working, is engaged in entrepreneurial activity, has entered into a legal marriage, etc.