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Real estate and construction Redesigning an apartment for a child

Vasyuta Dmytro

Attorney

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vasiuta@prikhodko.com.ua

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Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.

Redesigning an apartment for a child

The decision to register the property of the parents for the child can be made for various reasons. For example, parents or guardians can register an apartment for an adult so that in the future he does not have problems with housing. This procedure will also avoid re-registration of the apartment. In this article we will consider in detail the features of the procedure for re-registration of an apartment for a child.

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Legislative basis of the issue

According to Ukrainian legislation, a child is considered a minor. A child is considered a minor up to the age of 14. Such a person has the right to make small household purchases, the cost of which is not high. That is why, before transferring an object of property to a child, parents must necessarily obtain permission from the guardianship and trusteeship authorities. This is due to the fact that each child must be protected from possible manipulation. Without this permission, it is impossible to conclude a number of serious transactions related to a minor. The guardianship authorities are given a month to check.

Any alienation of a child’s real estate must be carried out in accordance with current legislation, taking into account the preservation of his right to an apartment. For example, re-registration of alternative real estate (i.e., property that has an equivalent value) may be considered as a guarantee.

In what situations can parents/guardians be denied the right to re-register a house for a child? First, this applies to cases where the parents who initiated the permission are deprived of parental rights by the court. Second, permission will not be granted if there is false information. Third, there is no consent between the parents to conclude the transaction.

Important: the object of the transaction should not be burdened with litigation.

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The most common ways to re-register an apartment for a child

Current legislation does not limit the possibility of re-registering real estate for a minor. This means that both a minor and a minor can become the owner of a real estate object.

The most common ways to carry out the procedure are:

Donation.
Inheritance.

The procedure for donating an apartment is as follows: parents draw up a donation agreement, under which their minor child becomes the owner of the real estate.

A will is drawn up to carry out the inheritance procedure. In this case, ownership rights are obtained after the death of the testator.

The will or donation agreement must be notarized. The transfer of ownership is necessarily registered in the State Register of Rights to Real Estate Objects.

What are the stages of the procedure for re-registering an apartment for a child?

Let’s start with the fact that in order to begin the procedure, a number of documents must be prepared. Among them:

A gift agreement/will.
Passport and identification code of the person initiating the re-registration procedure.
Documents that will serve as confirmation of ownership of the apartment.
Permission from the guardianship and trusteeship body.
Parental consent (when making a donation).

After the above documents are prepared, they must be certified by a notary.

A preliminary conclusion must be received by the guardianship and trusteeship bodies.

The next stage is state registration. Re-registration of an apartment for a child must be reflected in the State Register of Property Rights to Real Estate Objects. Confirmation of registration will be receipt of a Certificate of Ownership.

Many are interested in the issue of taxation when re-registering ownership for a child. If it is a question of inheritance or gift of property by close relatives (children are included in this category), there is no need to pay military duty and personal income tax.

It will also be useful: Refusal to privatize an apartment (housing)

Legal support for re-registration of real estate

Re-registration of an apartment for a child can be the right and profitable decision. However, at all stages of this procedure, it is necessary to protect the interests of the child.

Registration of an apartment for a child is a rather responsible decision that requires not only careful preparation, but also legal support.

The lawyers of our company “Prykhodko & Partners” will advise you on choosing the best way to transfer ownership, depending on each specific situation.

The real estate specialists of our law company “Prykhodko & Partners” will help you prepare all the necessary documents. We provide a turnkey service for re-registration of real estate for a child. You will not need to waste time on lengthy bureaucratic red tape. Our lawyers will do everything for you as quickly as possible!

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of the apartment re-registration service for a child, fill out the form below.

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1 question

Do you need to re-register an apartment for a child?

Yes

2 question

Are you in Kyiv?

Yes

3 question

Do you need the service urgently?

Yes

In which regions of Ukraine do you work?

The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.

We provide our services in all regions of the Kyiv region, for example:
Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
Brovary district (the cities of Brovary, Berezan).
Buchansky district (towns of Bucha, Irpin, Vyshneve).
Vyshhorod district (the cities of Vyshhorod, Slavutych).
Obukhiv district (towns of Obukhiv, Boguslav,
Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
Fastiv district (the cities of Fastiv, Boyarka).

It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!

Do you provide consultations online or over the phone?

Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.

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