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.
Dmitry Loginov, head of the legal department of the BON TON Academy of Sciences, answers:
In the Civil Code there is such a thing as “obligatory share in the inheritance.” According to paragraph 1 of Art. 1149 of the Civil Code of the Russian Federation, minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents, regardless of the contents of the will, inherit at least half of the share that would be due to each of them upon inheritance by law. The disabled also include people of pre-retirement age (women over 55 years old, men over 60 years old).
Thus, if your children are not recognized as disabled at the time of your death and are younger than the pre-retirement age limit, then they will not receive the right to an obligatory share in the inheritance.
What is a child entitled to from his father besides alimony?
The concept of “additional costs” is spelled out in Art. 86 RF IC.
It says that in certain circumstances, one of the parents has the right to demand additional funds (in addition to alimony) if:
- The child requires treatment due to a serious illness.
- The baby was injured and mutilated.
- Additional child care is required with the involvement of third parties.
That is, the law initially provided that a parent who does not live with the children must not only pay alimony, but also bear expenses for additional expenses that arise.
All this can be obtained on completely legal grounds, if the husband refuses - through the court.
Now the list has been added to the fact that during a divorce, the father must provide the child with housing.
In other words, if a mother and her children find themselves in a rented apartment after a divorce or still have a mortgage, the ex-husband is obliged to pay rent or bank obligations.
Important! There are no specific figures for how much a father should allocate for housing to children during a divorce. This is considered in court based on each claim, the income of both parents and other circumstances.
Children's rights in a privatized apartment.
In the case where the property is private property, the rules for registering a child are the same as in a non-privatized apartment.
If one of the parents is the owner of part or all of the housing, then the minor is registered in the housing, regardless of the presence or absence of the consent of other share owners.
It should be noted that the rights of a child registered in the owner’s apartment are as follows:
- residence in the property until adulthood;
- registration at place of residence.
Even if the owner of the property changes, the right for a minor to live in the apartment remains.
If the child does not have another place for registration, then the court will side with him and will not allow him to be forcibly deregistered.
The right to use an apartment of a minor can be revoked in court only if the following circumstances exist:
- the child’s parents do not participate in paying for utilities;
- the minor does not live in the apartment for a long time;
- It is possible to register the baby at a different address.
These circumstances are proven in court. At the same time, if the rights of minors are affected, then representatives of the territorial guardianship authorities must be present at the meetings.
It should be borne in mind that in most cases the court takes the side of minors.
Registration of a child after parents' divorce.
The rights of children registered in their father's apartment cannot be violated during a divorce.
Therefore, even with the division of real estate, a minor cannot be removed from registration at the place of residence and forcibly discharged from housing.
A child can only be registered in the apartment or be the owner of a part of it. In the latter case, the minor has the same rights as capable property owners.
The only difference is that any transactions with an apartment are concluded only with the consent of the guardianship authorities.
The sale and other actions with real estate where one or the only owner is a minor are regulated by Art. 37 Civil Code of the Russian Federation.
You can sell or exchange an apartment only if you have received written permission from representatives of the territorial department of guardianship and trusteeship.
Question to the expert
Hello! My first husband and I have been divorced for a long time, the child is registered with his father in a municipal apartment, he is now 19 years old, how can I demand that a room in the apartment be vacated for the child? Could the husband register his new wife and her child in this apartment without my consent, as the representative of our minor child at that time?
Good afternoon Adult children do not have rights to their parents' municipal apartment. Your consent to register someone in an apartment is required only if you are the owner of this apartment.
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.
Children's rights in a non-privatized apartment.
A child is registered in the property if his parent is the employer or one of his family members. A minor under 14 years of age must live in the place where his mother or father is registered.
At the same time, the consent of other persons who are registered in the apartment is not required in order to register the baby.
The rights of a minor child registered in an apartment that is not privatized are as follows:
- mandatory participation in privatization, as a result of which a minor is allocated a share in real estate;
- a child cannot be evicted while one of his parents lives there;
- a minor has the right to use housing even after reaching 18 years of age.
It will not be possible to forcibly remove a child from the property, since the consent of the guardianship authorities is required.
Deregistration of a minor is possible only if he is simultaneously registered in another apartment with equivalent living conditions.
Is it possible to discharge a child from the apartment: without the consent of the mother, to nowhere, if he is not the owner.
When after a divorce you need to file for additional housing costs.
There is no statute of limitations, and there is no established period during which, after a divorce, you can file a lawsuit to demand that your ex-spouse extract additional housing costs.
The main criterion is the need and age of children under 18 years old.
The court may order compensation for expenses already incurred or set an amount to be paid in the future.
Before the law was signed, there was no judicial practice on the issue of providing children with housing. Therefore, it is impossible to say what decisions will be made in court.
Alternatively it could be:
- Purchasing a separate home in the name of a child or several, allocating a share for each.
- Compensation for part of the rent (the exact amount or percentage of earnings has not been established).
- Providing the child with the right to use their own housing.
It is assumed that in each specific case the decision on the claim will be different.
Perhaps in the future, it will be necessary to amend the law adopted in February 2021, according to which the father is obliged to provide his children with housing.
Is it possible to replace alimony with an apartment?
Alexey Golovchenko, managing partner of the law firm ENSO, answers:
According to Article 1111 of the Civil Code, a citizen can dispose of the property that remains after his death at his own will. Today there are three ways:
- you do nothing, and the inheritance is divided between the heirs according to the law (legal spouses and close relatives);
- you draw up an inheritance agreement with any persons and negotiate the conditions under which the property passes to them;
- you are making a will. Inheritance by will is the plot of many detective stories, because often no one knows what secrets it carries.
So, the testator expressed his will in the will and left the apartment to the person with whom he had recently lived. In this case, the presence of a marriage stamp for a will does not play any role at all, unlike inheritance by law. Property transferred by will, in addition to the heir himself, may still be claimed by persons who are entitled to an obligatory share. These are minor children or children and parents who, for one reason or another, are disabled, as well as dependents of the testator.
If the heirs by law, which are the testator’s own children, are capable and independent, and they are over 18 years old, they do not have the right to claim the inheritance. However, a will can be challenged in court. And then - as the court decides.
Child and housing relations
The legislator gives citizens a period of 30 days to register the birth of a child with the civil registry office and issue a birth certificate. After receiving the newborn’s first document, parents are required to register it at their place of residence or at the address of one of them, if the mother and father are registered in different places, which is consistent with the prescription of Art. 20 Civil Code of the Russian Federation.
It should be noted that to carry out this procedure it is not at all necessary to obtain the consent of the homeowners, including other household members.
It is upon receipt of registration that the child enters into housing legal relations. At the same time, everyone should know that registration at the place of residence does not mean that the child has ownership rights to square meters.
By registering, the child receives the right to use the apartment until he reaches the age of majority or until his parents change their registration.
When moving to a new place of residence, the owner of the property can remove the child from registration without involving the guardianship authorities and register him in another place.
At the same time, it is important that it will not be possible to discharge the child “to nowhere”, including through the courts.
Therefore, when making real estate transactions, you should remember that the new owner will not be able to discharge a minor and evict him from the living space, as well as receive a positive court decision to remove him from the register, if the person under 18 years of age does not have another place to live.
Although in relation to parents, as well as former family members, for example, after a divorce, the law allows for forced deportation, unless otherwise established by agreement.
Peculiarities
The Family Code establishes the obligation of parents/adoptive parents, guardians (legal representatives) to live together with young children (age from 0 to 13).
The baby's home is where his dad and mom live. However, this does not mean that the minor becomes the owner of the apartment. The right to free residence is based on the actual provision of housing to the child.
Important! If the baby's mother or father ceases to be members of the family of the apartment owner or tenant, they lose the right to live in this living space free of charge.
Example: Oksana and Evgeniy registered their marriage. At the same time, the wife had a daughter, Irina, from her first husband. E. registered them in the apartment, the owner of which he was. 2 years later, Irina gave birth to a son, Maxim, and also registered him in her stepfather’s house. A year later, Oksana and Evgeniy divorced. Irina and Maxim are no longer members of E.’s family, and can be discharged from their occupied living space in court without the consent of the young mother.
A citizen registered in the owner’s apartment can register his child there without the owner’s consent. After which, the law prohibits the discharge of only a minor.
If they remain registered in the apartment, eviction is possible only through a judicial procedure.
When concluding a rental agreement for residential premises in the name of the parent, the child acquires the right to live in the apartment on the basis of actual provision. It does not matter whether it is included in the contract or not.
A minor who has reached 14 years of age may live separately from his parents or adoptive parents.
For example, with a grandmother or other relatives. The opinion of mom and dad is not decisive.
Deprivation of parental rights does not affect the ability of a minor to live in the living space of his father and mother.
The ward receives the right to live separately from the guardian upon reaching 16 years of age, with the permission of the guardianship and trusteeship authority to live separately from a legal representative.
Let's summarize:
- children's housing rights are based on similar rights of parents;
- by acquiring the opportunity to live, the baby does not become the owner of the apartment of his mother, father or adoptive parents;
- parents/adoptive parents do not have similar rights to children's homes.
