Whether to discharge children from a privatized apartment. Discharge of minor children from an apartment upon sale: can this be done and how can they be discharged in one day? What to do if the apartment is municipal property

Is it possible?...

Question for a lawyer:

My ex-common-law husband and I bought an apartment, the property was registered in his name, and our joint minor child was registered there. Will he be able to remove the child from the apartment and sell it without my consent?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
The child is not the owner, besides, if you and the child actually live in another place, then the husband, as the owner of the apartment, has the right to remove the child from the register through the court or sell the apartment together with the registered child, because he is the owner, and the new owners will have no problem deregistering your child. In this case, no guardianship will be on your side. You were not married to the man, so he can sell the apartment without you. The norms of the RF IC do not apply to you in this case and you have nothing to share.
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Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
No, he will not be able to discharge the child without your consent.
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Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
a minor can be discharged from an apartment only if he is provided with similar housing suitable for living in
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You can discharge a child from the apartment without the mother’s consent...

Question for a lawyer:

Hello, my ex-husband wants me to register the child from the apartment where his sister and mother are registered. The apartment is not privatized. (They are just getting ready) And they want me to register my son with me. I am registered in my mother’s apartment (the apartment is privatized) where the main apartment manager is my mother and she does not agree to register her son. Will they be able to discharge the child without my consent? Thank you so much in advance!

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Irina, no, the husband cannot discharge the child before he reaches the age of majority, even through the court.
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Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Your spouse has no right to demand that your Son be deregistered. He also has no prospects in court; a conclusion from the guardianship and trusteeship authorities is required
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Is it possible to remove a child from an apartment without the father’s consent….

Question for a lawyer:

Good evening! Is it possible to remove a child from an apartment without the father’s consent?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
A minor child is registered at the place of registration of one of the parents and there is no need to ask anyone for consent for his registration.

Good luck!
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How to discharge a minor child without the consent of the mother?...

Question for a lawyer:

The owner of the apartment is my mother, my brother, his wife and their daughter (she is 3 years old) are registered in it. Now they are going to get divorced. My brother's wife will be discharged, but my daughter does not want to be discharged. She herself will go to live in another city, and take the girl with her! Can my mother expel the girl from the apartment without the consent of my brother’s practically ex-wife? We don’t want the girl to have rights to a share of the apartment. What are the ways out of this situation?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Good afternoon.

1. Your mother is the owner of the residential premises. Other persons who are registered in the specified apartment have the RIGHT TO RESIDE AND USE the residential premises, including a minor girl - the daughter of your brother.

2. If the girl is not discharged voluntarily (with the consent of her father and mother - her legal representatives), then this can only be done through the court. The main proof in this case is living in another residential building with the mother (registration at the children's clinic at the new place of residence, kindergarten, etc.).
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Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
If your mother is the owner of the apartment, then the girl will not have the right to a share in the apartment. It will be possible to remove a person from registration at the place of residence only through a judicial procedure.
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Is it possible to remove a minor child from an apartment without the consent of the mother?...

Question for a lawyer:

My sister divorced her husband, their son is 1 year 2 months old. At birth, the child was registered at the place of registration of the sister’s husband, i.e. in his parents' apartment. The apartment is not privatized, except for the child, the boy’s father, his brother and their parents are registered - a total of 5 people). But the fact is that the sister did not live in this apartment, but lived with her parents along with her son and now lives there, i.e. the child does not live at his place of registration, is registered at the clinic at the place of his mother’s registration, and will go to kindergarten there. Question: can the parents of the child’s father sign him out of this apartment on the grounds that he did not live there and does not live there and insist that he be registered at his place of actual residence? (Our parents’ apartment is also not privatized; 2 people are registered there: my sister (the child’s mother) and our mother)

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Hello! They can file a claim to recognize the child as not having acquired the right to use the disputed living space and deregister him at this address. Then you will have to prove that the child did move into this living space and lived on it for some time. It is necessary to involve the guardianship authorities in the case. The court cannot oblige someone else to register (register) the child with them. If the danger of such a claim is real, then It makes sense to temporarily transfer the child’s insurance policy to the place of registration and prepare witnesses.
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Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Hello, Natalia!

Firstly, in Russia for more than 15 years there has been no “registration” and “extract” in residential premises, since since 1993 Law No. 5242-1 “On the right of citizens to freedom of movement, choice of place of stay and residence within the Russian Federation “Instead of this then-existing concept in housing legal relations, registration records at the place of stay and at the place of residence were introduced throughout Russia for citizens of the Russian Federation. In this case, by place of stay is temporary registration, and by place of residence is permanent registration. Therefore, now I do not “check out” from apartments and do not “register” people into apartments, but rather register or deregister from residential premises.

Secondly, to answer your specific question, can the parents of your sister’s ex-husband deregister a minor child?

Your sister, who is registered in another residential building, needs more detailed information about the indicated apartments.

In any case, I have personal judicial practice, when I helped the father of a minor child in a similar situation to legally remove this child from registration from the living quarters.

Good luck to you all.
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The father can expel the child from the apartment without the consent of the mother, the owners of the child's father and grandmother have 1/2 share. 1.5 year old child...

Question for a lawyer:

Can a father expel a child from an apartment without the consent of the mother, the owner, the child’s father and grandmother each have a 1/2 share. The child is 1.5 years old.

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
The father of a child cannot remove the child from the register without the consent of the mother.
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Please tell me, is it possible to remove a child from the apartment during a divorce without the mother’s consent?...

Question for a lawyer:

Hello. Please tell me, is it possible to remove a child from the apartment during a divorce without the mother’s consent? In case of divorce, the child remains with the mother. The child's mother is registered and lives at a different address (with her parents). The apartment in which the child is registered has long been privatized and belongs to the grandmother (the mother of the child’s father). The child is registered on the father's share.

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
only in court
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Tell me, is it possible to sign a minor child out of an apartment without the mother’s consent?...

Question for a lawyer:

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Olga, initially, I would advise you to determine the place of residence of the child with the mother by court decision. In principle, a child can also be registered at the place of registration of the father. You don’t indicate why you need this.

Sincerely, General Director of the Zeus Legal Center, Vadim Igorevich Stepanov.
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Is it possible to discharge a child without the mother’s consent?...

Question for a lawyer:

We (mother and son) and the child are registered at the military unit where my mother works. Now this unit has been moved to another place. And they say that we will register the mother, but not the son. Do they have the right to do this without the mother’s consent?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Polina, a mother can register her minor child at her place of registration (residence) without the consent of the owner of the property and others registered in this housing.
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Question for a lawyer:

Can an ex-husband (the child’s father) sign his daughter out of the apartment without the mother’s consent? The marriage is dissolved, we live separately (I have my own apartment, he has his own), the children are registered - his daughter is with him, and my son is with me. But both children live with me.

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
will not work.
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Is it possible to discharge a minor child from an apartment without the consent of the mother and collect from her non-payment of utility bills...

Question for a lawyer:

Hello! I have a question, my husband has a child from his first marriage, he is 13 years old, he is registered in my husband’s apartment, but he is not the owner and the apartment is not privatized, can we sign the child out of the apartment if he lives with his mother and we have our own child 4 years, and the mother of the first child has not paid rent for him for 13 years? And collect from her for not paying utility bills for all the years! Please tell me...

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
What non-payment of utility bills??? The child is registered with his father. It will also not be possible to discharge him; the guardianship authorities will never agree to this.
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Is it possible to remove a child from an apartment without the mother’s consent?...

Question for a lawyer:

A 6-year-old child is registered in his father’s apartment, and the apartment belongs to the husband’s father. Do they have the right to discharge the child?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
In case of a dispute, the consent of the guardianship authority is also required; for example, you cannot register the child with yourself.
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Can the child’s father leave the apartment with the child without the mother’s consent?...

Question for a lawyer:

Can the father of a child leave the apartment with a minor child for another equivalent dwelling without the consent of the mother?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
The place of residence (registration) of a minor child is made by mutual consent of the parents.
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how to expel a child from an apartment without the mother’s consent...

Question for a lawyer:

Hello! I own 1/2 of an apartment together with my sister (inheritance from deceased parents). A child from my first wife is registered with me, a son who is 9 years old. I am conducting divorce proceedings. I have been living with my second common-law wife for 5 years and have a 2.5-year-old son together. That is, the first child has been living with his mother in her apartment for 5 years (the apartment is registered in the name of his mother-in-law). The question arises about discharging my son in order to sell the apartment and buy a new one. But the ex-wife is against registering the child temporarily (I would register him in the new apartment after the purchase, having now formalized all this with an agreement from a notary). She demands the allocation of a share to the child in the apartment.

Tell me, when going to court, is there a chance of winning the case and that my son will be able to be discharged? Many lawyers claim that I won’t release my son without the consent of my ex-wife and that means I won’t sell the apartment.

I am not against registering 1 son in a new home, but I am against allocating a share to him.

How to act more or less correctly?

Best regards, Sergei

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Hello! The wife does not own a share in this apartment, I believe that your chances of winning the case in court are quite high. Of course, if there are no nuances that you are silent about now.
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How to discharge a child without the mother’s consent?...

Question for a lawyer:

The apartment is owned equally by the father and grandmother. It contains a 5 year old child. The ex-wife refuses to register the child in her living space. My father's apartment was privatized before marriage. Now my father's apartment is for sale. How to discharge a child without the mother's consent?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Don't deregister at all.
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Can the ex-husband (father of the child) remove his daughter from the apartment without the mother’s consent. The marriage is dissolved, we live separately (y...

Question for a lawyer:

Can an ex-husband (the child’s father) sign his daughter out of the apartment without the mother’s consent? The marriage is dissolved, we live separately (I have my own apartment, he has his own), the children are registered - his daughter is with him, and my son is with me. But both children live with me.

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
No. But he can try in court.
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How to discharge a child from an apartment without the consent of the father if he is in prison...

Question for a lawyer:

How to discharge a minor child from an apartment when selling an apartment (the mother is the owner of the apartment), if the father is in prison.

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Why does someone require the father’s consent?

The mother registers at the address she needs and registers the child there. One child will not be removed from the register and one will not be registered anywhere.

All !!!
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Can a father discharge a child without the mother’s consent?...

Question for a lawyer:

Hello, please tell me, the child is registered with his grandmother, can his father discharge him without the mother’s consent?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Parents have equal rights to exercise the rights of the child. Upon discharge, one of the parents acts in the interests of the child. The presence and consent of the other parent is not required.
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Is it possible to remove a minor child from an apartment without the mother’s consent?...

Question for a lawyer:

Hello! Is it possible to discharge a minor child from a communal apartment without the consent of the mother? The child lived here for only 5 months after birth, and then the wife left and took everything, leaving only the wallpaper and linoleum. And at the moment she does not even allow the father to see the child and more demands alimony. the child will be 8 years old in December

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Olga, it is impossible to deregister a minor child without the consent of either parent. Good luck.
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Is it possible to discharge a child from an apartment without the consent of the mother if she is not registered there and the owner of the apartment is...

Question for a lawyer:

Is it possible to discharge a child from an apartment without the consent of the mother if she is not registered there and the owner of the apartment is the child’s grandmother

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
No you can not. A minor may be registered at the place of residence of one of the parents; to change registration, the consent of the other parent is required.
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Is it possible to discharge a child without the consent of the mother...

Question for a lawyer:

Is it possible to discharge a child registered in the father’s living space without the consent of the mother and her husband who have been divorced for 7 years

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
No you can not. And even in court it is impossible.
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Can a father expel his minor child from the apartment without the mother’s consent if the parents’ marriage is not...

Question for a lawyer:

Can a father expel his minor child from the apartment without the mother’s consent if the parents’ marriage is not registered?

Will a woman receive benefits for a minor child whose certificate contains the father's surname (the marriage was not registered) in the event of the death of the father?

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
The father of the child cannot discharge his child.
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Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
If the father has recognized paternity, and even despite the fact that the marriage between the parents has not been concluded, the child cannot be disadvantaged in his rights.

The child must live with the parents or with one of the parents (Article 2o of the Civil Code of the Russian Federation (, therefore the father does not have the right to deregister the child, this can only be done through the court or if the father is deregistered at this address, then the child is automatically de-registered and registered at the place of residence (registration) of his parents or one of them.

As for the survivor’s pension, then, I repeat, if paternity is recognized (and the father’s surname is indicated on your child’s certificate), then your child will be entitled to a survivor’s pension.
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Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
Can a father expel his minor child from the apartment without the mother’s consent if the parents’ marriage is not registered? - no, the child’s place of residence is determined by the place of residence of the parents (Article 20 of the Civil Code of the Russian Federation)

Will a woman receive benefits for a minor child whose certificate contains the father’s surname (the marriage was not registered) in the event of the death of the father? - yes

Disabled family members of the deceased breadwinner who were dependent on him have the right to a labor pension in the event of the loss of a breadwinner. The specified pension is assigned to one of the parents, spouse or other family members, regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the prescribed manner.

The following are recognized as disabled family members of the deceased breadwinner:

- children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of a deceased breadwinner older than this age, if they became disabled before reaching the age of 18 years, having limited ability to work activities. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;

- one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who have reached the age of 18, if they are caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached 14 years old and entitled to a labor pension in the event of the loss of a breadwinner in accordance with subparagraph 1 of paragraph 2 of Article 9 of the Federal Law “On Labor Pensions in the Russian Federation”, and do not work;

- parents and spouse of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to work;

- grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to work, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.

Family members of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared in accordance with the legislation of the Russian Federation to be fully capable or who have reached the age of 18 years.

Disabled parents and the spouse of a deceased breadwinner who were not dependent on him have the right to a labor pension in the event of the loss of a breadwinner if, regardless of the time that has passed since his death, they have lost their source of livelihood.

Family members of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to a labor pension in the event of the loss of a breadwinner.

The labor pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage.

Adoptive parents have the right to a labor pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who have the right to a labor pension in the event of the loss of a breadwinner retain this right upon their adoption.

A stepfather and stepmother have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their own children, if they were raised and supported by a deceased stepfather or stepmother, which is confirmed in the manner determined by the Government of the Russian Federation.

The labor pension in the event of the loss of a breadwinner is established regardless of the length of the breadwinner's insurance period, as well as the cause and time of his death. However, if the deceased breadwinner has no insurance experience at all, as well as in the event of his death as a result of his committing an intentional criminal act or intentional damage to his health, which are established in court, a social pension is established in connection with the death of the breadwinner in accordance with Federal Law "On state pension provision in the Russian Federation."

If the death of the insured person occurs before the accumulative part of the old-age labor pension is assigned to him or before the amount of this part of the said pension is recalculated taking into account additional pension savings, the funds recorded in the special part of his individual personal account are paid in the prescribed manner to persons entitled to survivor's pension. In this case, the insured person has the right at any time, by submitting an appropriate application to the Pension Fund of the Russian Federation, to identify specific persons from among those specified in paragraph 6 of Article 16 of the Federal Law “On Labor Pensions in the Russian Federation” or from among other persons to whom such a payment may be made , and also establish in what shares the above funds should be distributed between them. In the absence of the specified application, the funds recorded in the special part of the individual personal account, subject to payment to the relatives of the insured person, are distributed among them in equal shares.
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Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
If he is listed as a witness by the child’s father, then he can easily remove him from registration for registration in another place, since it is not possible to “discharge” the child anywhere. You will receive benefits.
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QUESTION 1 - IS IT POSSIBLE TO REMOVE A CHILD FROM THE APARTMENT WITHOUT THE MOTHER’S CONSENT?...

Question for a lawyer:

HELLO. THE ESSENCE IS THIS - A 9 YEAR OLD CHILD IS REGISTERED IN THE GRANDMOTHER’S APARTMENT (THE FATHER’S MOTHER, THE SOLE OWNER OF THE APARTMENT). THE MOTHER IS REGISTERED IN ANOTHER LOCATION. THE FATHER DIED, BEFORE THIS WAS REGISTERED IN THE SAME APARTMENT. QUESTION 1 - IS IT POSSIBLE TO REMOVE A CHILD FROM THE APARTMENT WITHOUT THE MOTHER’S CONSENT? QUESTION 2 - CAN A MOTHER REGISTER IN THIS APARTMENT WITHOUT GRANDMOTHER’S CONSENT BASED ON THE FACT THAT HER MINOR SON IS REGISTERED IN IT? THANK YOU

Lawyer's answer to the question: discharge a child from the apartment without the mother's consent
1. without the consent of the mother what? child or father, it is impossible without anyone’s consent

2. cannot register without the consent of the owner
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Is it possible to remove a minor from an apartment during the sale? For any real estate transactions the rights of young citizens under the age of majority are protected Civil (Art. and Art.), Family (Art. 60) and Housing () codes of the Russian Federation.

And such a structure as the guardianship and trusteeship authorities monitors compliance with these laws.

Young citizens under 14 years of age, according to Art. 26 of the Civil Code of the Russian Federation are considered incompetent.

All documents for the purchase and sale of housing are signed on their behalf by parents or legal representatives (guardians, adoptive parents). Teenagers by age 14-18 years old take part in person in carrying out these transactions.

It is worth saying that in modern legislation the term “extract” has been replaced by “deregistration”, and “propiska” - by “registration at the place of residence”. However, as an everyday concept, the old terms are still widely used.

How to remove a child from an apartment when selling? By law it is possible if the following conditions are met:

If a child is registered, but does not live in the apartment for sale, it is possible to discharge him only through the court.

Art. 20 of the Civil Code of the Russian Federation states that a minor tenant can be deregistered only if the newly acquired living space parents will also be registered with him or one of them, and in special cases - a guardian or adoptive parent.

You can learn about the features of checking out young citizens from an apartment from our articles. Find out also whether it can be done from your apartment.

Procedure for deregistration

To remove yourself from registration, you must contact the Federal Migration Service.

It is this body that deals with both the discharge and registration of citizens.

However, in order to deregister a minor tenant, a number of additional steps are required, without which this process is impossible.

If a minor citizen is the owner of housing or a share thereof, you should first of all visit guardianship authorities to obtain permission for the transaction and checkout.

For this purpose the following are provided documentation:

• passports of both parents or legal representatives;
• document (certificate) about family composition;
• birth certificate of the young participant in the transaction or passport;
• a certificate certifying ownership of the living space for sale;
• preliminary agreement on the purchase of new real estate;
• registration certificates of the housing being sold and purchased.

Attached to the documents is an application requesting permission to sell. In the petition, the child’s representatives undertake to respect all his rights and interests.

If the minor owner or co-owner of the property is already 14 years old, he will be required to provide written consent to the sale of the property.

After about two weeks, the guardianship authorities, if the child’s rights have not been violated, make a positive decision.

The next step should be transaction registration carried out at the Registration Chamber. After the due date, the new owners of the living space are issued a certificate of ownership. And only after receiving this document can the child be discharged from the sold property.

Having contacted the territorial office of the Federal Migration Service at the location of the previous home, the parents of the minor fill out an application form for his discharge, as well as a departure form indicating addresses of the new place of residence.

Teenagers 14 years of age and older fill out these documents independently, but with the obligatory presence of adults relatives. In addition, you must provide the following to the Federal Migration Service:

• birth certificate (minor passport);
• passports of the parents or their representatives registering with the child;
• consent (documented) of guardianship;
• document of ownership.

The FMS specialist takes the documents and after 7 days gives them back with a note about the extract and with a departure slip, which is valid for only a month.

State duty There is no charge for the statement. According to Russian legislation, a minor should be registered in a new living space no later than 3 days after discharge.

How is a minor deregistered and registered when selling an apartment if he is not the owner? If the child is not the owner or co-owner living space for sale, but lives and is registered in it, the discharge procedure is somewhat different.

There is no need to take permission from the guardianship, and the registration certificate of the purchased living space is added to the necessary documents. Moreover, in case of infringement of the interests of a small citizen, the regulatory guardianship authorities have the right to cancel the statement through the court.

You can remove children from the living space when selling it without immediately buying a new one, but only if there is other housing with equivalent conditions for their future residence.

The amount of money received from the sale of his share is transferred to the child’s personal account.

Features and nuances

There are situations in which the process of discharging a child may change:

1. If the owner of the home is the grandfather (grandmother) child, his discharge is impossible without the consent (written) of both parents. If there is none, the issue is decided by the court, which, as a rule, primarily defends the interests of the minor.
2. Sometimes housing is sold to purchase a new one in a residential building under construction. In this case, adult family members are discharged from the sold living space and are not registered anywhere until construction is completed. In these cases, the child is temporarily registered with relatives. Guardianship can authorize such a transaction only if the construction of the house is already completed and a document on shared participation is available.
3. In a situation where the family sells their home and moves abroad for permanent residence, instead of a document confirming the purchase of housing, documents received from the OVIR are provided to the guardianship authorities.
4. If the goal of the family is moving to another area, the child can be removed from the register even before purchasing a new property. In this case, when selling housing, the corresponding amount of money is necessarily transferred to the minor’s account and a new living space in another area is purchased no later than 3 months later. Otherwise, the extract is considered invalid.

How to check out in one day?

There are situations when a minor tenant can be deregistered required very quickly. To do this, you need to go to the FMS office with a ready-made package of documents and ask the employees to expedite the discharge, explaining the situation and presenting the basis for urgency in the form of a court decision, air tickets and other evidence.

For urgency, you will have to pay a state fee - 300 rubles per person. Often employees will accommodate you and issue an extract within a day.

You can also speed up the process through the State Services Internet portal. In this case, you must first submit a completed application electronically and wait for approval. At the appointed time, you should go to the Federal Migration Service with the necessary documents.

Since approval has already been received, Migration Service employees will only check the documents and deregister, which may take only 1-2 days.

It is not that difficult to cancel the registration of a minor for the sale of living space.

Knowing the procedure and fulfilling all the necessary conditions, you can resolve this issue as soon as possible. Main - act according to the law and in compliance with all rights of the child.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

There is an opinion that it is impossible. But is this so - upon closer examination?

In fact, the current legislation clearly states that to deregister, an application from one parent is sufficient. The one with whom the child lives (Article 20 of the Civil Code, paragraph 135 of the Administrative Regulations, Order of the FMS No. 288 of September 11, 2012).

What is needed for this?

• parent's statement;
• passport;
• child's birth certificate (or passport if the child is at least 14 years old)

But with the second parent the question of registration— it’s still better to coordinate the statements. At a minimum, because he can declare a violation of both his rights and the rights of the child - and then the guardianship authorities will come to his defense, and it is not recommended to conflict with them.

It’s a completely different matter if the child is the owner or co-owner of the apartment. In this case, it is necessary to obtain permission from the board of trustees and the consent of the father or mother.

Where is this done? Where will you need to go?

Extract is carried out at the passport office of the Management Company or at the passport office of the migration service.

True, it is still preferable to contact the Federal Migration Service and fill out an application for registration, then the child automatically leaves with the parent from the previous place of residence and is registered at the indicated one.

Passport officers of the Management Company may balk and start demanding unnecessary details, somehow: the consent of the father (or mother), or even the consent of guardianship, while we are just talking about a change of address. Of course, you can threaten them with court for arbitrariness, but this means a loss of time and nerves.

Particular attention should be paid to the question of where the child will live and not hope for chance. Despite the fact that the law prohibits depriving young citizens of housing, in practice this can very well happen. Let’s say the mother managed to collect documents, write a plausible address on the registration application and remove the child from the register.

If the apartment from which a minor citizen has left is sold, it will no longer be possible to restore rights - practice shows that all arguments about rights and their violations are broken by the inviolability of property rights. In this case, this is Article 292 of the Civil Code, which means a change of owner of the residential premises.

We can talk about reinstatement of rights if the child was discharged with violations, especially in a home of smaller size and with worse conditions.

What documents will be needed?

In order to obtain permission from the board of trustees, you need to contact the guardianship authorities at your place of residence and submit the following documents:

• identity cards of the parties to the transaction;
• those. passports of both apartments;
• an extract from the house register;
• copy of personal account;
• title documents for the apartment.

The request will be considered for two weeks. After this, the guardianship gives permission

How to discharge a child if the other parent does not want it?

Can a father remove a child from an apartment without the mother’s consent? If you are planning to move with your son or daughter to another place of residence and planning to register, first consult with the other parent. The point is not only that he has the same rights to participate in upbringing as the second parent.

Yes, the Administrative Regulations nowhere state the axiom about the need for the consent of both dad and mom, but It’s better to solve this issue right away than to have problems later with the court and, even worse, with the board of trustees, who may accuse you of abuse of parental rights.

If consensus cannot be reached, you should go to court. The issue of deregistration of a child will be considered in the district court at the place of residence of the responding party. Needless to say, such a delicate issue should under no circumstances be attempted to be resolved on your own, even if the solution seems to be “on the surface.”

You will definitely need the help of a qualified lawyer specializing in housing issues. In addition to consultations and assistance in collecting documents, he will help to avoid sharp corners during the proceedings. Especially if it cannot be done without the participation of the board of trustees.

The statement of claim is drawn up in triplicate and must contain:

• information about the participants in the process;
• full name of the judicial authority;
• the essence of the problem, how does the other half motivate their reluctance to agree to the discharge of their son or daughter?;
• requirement to deregister;
• where do you plan to register after this (you must make it clear that the child’s rights will not be violated);
• list of attached documents;
• date, signature.

Can the father do it without the mother's consent? When will the court answer unequivocally “no”?

• the child has the right to participate, from which he or she is leaving;
• the application was submitted by the interested party;
• the small citizen is the owner of the home from which he is discharged.

The proceedings may take a month, maybe more - if circumstances complicating the case arose, for example, the court needed to request additional information.

After the decision is received, you should go with it to the migration service department. In the article, we tried to answer the question of whether it is possible to discharge a child from an apartment without the consent of the mother or father.

As it becomes clear, discharging a child on the initiative of only one parent is not the easiest thing to do and takes quite a lot of time. At the same time, there is no need to refuse to be accompanied by a lawyer - after all, the court is very picky about everything related to the rights of minors and constitutional rights in particular - such as the right to housing.

Without mother's consent on video:

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Guarantor of a minor's rights to housing are the Constitution of the Russian Federation and the Family Code.

According to these documents a citizen under 18 years of age has the right live with parents or legal representatives at their place of registration. In addition, he acquires rights to their real estate.

Legal representatives are required to register the child in their own or municipal housing at the same address where they themselves live. Monitoring compliance with this provision of the Civil Code of the Russian Federation (Article 20) by guardianship and trusteeship authorities.

Article 20. Place of residence of a citizen

1. Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

If the father and mother live and are registered at different addresses, then the child is registered at one of these addresses. At the same time, the consent of all residents of the apartment where he will be registered is not necessary (Article 70 of the Housing Code of the Russian Federation).

Article 70. The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family

1. The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, including temporarily absent members of his family, and the lessor - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of ​​the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.
2. Moving into residential premises of citizens as members of the tenant's family entails a change in the relevant social tenancy agreement regarding the need to indicate in this agreement a new member of the tenant's family.

Does the owner have the right to remove a child from his apartment?

Can the owner remove a child from the owner’s apartment? The law of the Russian Federation reserves the right of a citizen dispose of one's own property at one's own discretion.

But in order to complete a transaction for the alienation of real estate, it is necessary to deregister all residents of it. There will be no problems with the removal of adult citizens.

A if a person under 18 years of age is registered in the living space, even living at a different address, will have to comply with certain conditions and take additional measures.

How to discharge a minor child from the owner’s apartment? The owner has the right to discharge a minor without the consent of the guardianship authorities.

But if the court reveals facts of infringement of his rights, he can restore him in registration. That's why upon discharge, it is necessary to provide and take into account the following nuances:

1. Any actions related to the registration of a minor are carried out together with parents (legal representatives).
2. The right to sign when drawing up documents for children under the age of 14 belongs to their legal representatives.
3. Registration of documents by a citizen from 14 to 18 years old carried out independently, but in the presence of parents (or guardians).
4. If an adult has both a father and a mother, both must give consent to deregistration.
5. If a child is registered in the apartment of relatives, and the parents do not agree with his discharge, the issue is resolved through the court. This takes into account where he actually lives.
6. Child under 14 years old deregistration only together with one of the parents.
7. To deregister, you must have proof that the child will be registered at a different address. Moreover, the conditions at the new place of registration must be no worse than the previous one. For example, you cannot discharge him from a separate apartment to a communal one.
8. A separate requirement may be finding new housing in the same area as the previous one.

The reason for this requirement is that the child, when moving, has the opportunity to attend the same educational institution as before. If this rule cannot be observed, then the permission of the specialists from the guardianship authorities conducting the conversation with the minor is required.

Procedure

The procedure for deregistration from owned living space involves next steps:

1. Submission to the passport office or FMS. The application must be submitted by one of the parents or jointly. If the child is 14 years old, then he is present during the procedure; if not, the parents act independently.
2. Filling out the departure form at the passport office or the Federal Migration Service ( and ).
3. Receive documents in a week.
4. Registration of the child at a new address.

To issue an extract you must provide parents’ passports, child’s passport (after 14 years), house register, documents for an apartment.

Extract through court

In the absence of parental consent, discharge can only be done through the court. The most common case and reason for appeal is the termination of the rights to use the premises due to actual residence at a different address.

Frequently asked question: how can I remove a child from an apartment without his consent if I am the owner? For example, a child lives in his mother’s apartment, but is registered in his father’s own apartment, the court will most likely discharge him.

If he is registered in a privatized apartment, then this will be more difficult to do, because a minor citizen was registered in the apartment during privatization, and he retains the right to be registered there.

Requires the presentation of compelling reasons for deregistration. To prove the fact that the child’s place of residence is not at the place of registration, it is necessary to collect witness statements, certificates from the school or kindergarten that he attends.

Some guarantee of receiving a positive decision on discharge may be the presence of acceptable living conditions for the family.

For example, a child is registered in a relative’s apartment(grandparents, etc.), and the parents with whom he lives are registered at a different address, the court will definitely discharge the child.

The same result will be upon discharge from the father’s apartment, if in fact the child lives with the mother.

However an obstacle in this case may be the deterioration of living conditions at the new address. Simply put, if it is proven in court that the discharge will lead to a change in conditions for the worse, then the decision will be negative.

There is definitely no need to go to court if the child and his mother do not own housing or have a social tenancy agreement. The court will never discharge him anywhere.

The following documents should be attached to the statement of claim for deregistration of the apartment:

1. A certificate from the Housing Office or the Criminal Code stating that these persons do not live in the living space.
2. Certificate of property owner.
3. Permission from the guardianship authorities to deregister a minor.

If you have permission from the guardianship authorities, you can file a claim in court. At the court hearing also presence of a guardianship representative is required.

How to obtain permission from the guardianship authorities?

To obtain permission from the guardianship and trusteeship authorities You must write an application to the guardianship authorities at your place of residence.

Both parents must apply, except in cases where one of them is deprived of parental rights. In addition, the presence of a child over 14 years old is mandatory.

In the application, they must name the place of new registration of the child and provide documents for it.

When submitting an application, you must provide the following documents:

1. Issue a certificate of persons registered in the living space ().
2. Parents' passports.
3. Passport or birth certificate of the child.
4. A registration certificate or floor plan of the premises where the child will be registered in the future.

Guardianship authorities check and evaluate submitted documents and after 2 weeks all applicants are invited for an interview.

The interview is conducted with the participation of a USZN inspector. The guardianship authorities issue permission to discharge or prohibit.

Rules for filling out applications

The outcome of the case depends on whether the application to various authorities is drawn up correctly. Each statement has its own characteristics.

Claim in court

The application is submitted to the court at the actual place of residence of the child.

The claim must first of all be justified, therefore the application must indicate the requirements that comply with current legislation.

First of all, indicate the subject of the claim - recognition of the citizen as having lost the right to use the premises. This is what should be the subject of the lawsuit.

At the end of the application, ask the court to also recognize the minor as having lost the right to use the premises.

Discharge from the premises will occur subsequently on the basis of this decision, since the court is not discharging anyone, the relevant authorities will deal with this later.

To the Federal Migration Service

Both parents write an application to the Federal Migration Service and a child after 14 years of age. The easiest way to obtain such an extract is by registering at a new address.

In this case, citizens submit an application to the place of new registration with a request to register the minor.

Federal Migration Service employees carry out registration, and deregistration from the old place of residence occurs automatically, without the participation of the applicants.

To the guardianship authorities

The guardianship authorities should not be contacted with a request to discharge the child, but for permission to remove it from the registration register at the place of previous registration.

After asking for permission you should reasonably indicate the reasons for the discharge and be sure to indicate the new registration address. Without a substantiated description of the new registration address, it is impossible to obtain permission from the guardianship.

The guardianship authorities will not allow the child to be discharged without providing him with a place of residence.

An attachment to this application is required. documents for the apartment and personal of the minor on his own territory.

In what cases is an extract impossible?

As noted earlier, it is impossible to discharge a minor to nowhere. The court will definitely deny you the opportunity to remove it from registration if:

1. There is no permission from the guardianship authorities.
2. The child is not provided with a new place of residence.
3. The rights of a minor are violated by deteriorating living conditions.

Thus, the main condition for the child’s discharge is the availability of all necessary documents for the procedure. Otherwise, you will not be able to positively resolve this issue even through court.

When asking yourself the question, can I sign my child out of the apartment if I am the owner, keep in mind that The discharge procedure in each specific case has its own characteristics Therefore, to resolve the issue positively, it is advisable to seek help from lawyers.