The child has the right to own property obtained as a result of privatization, donation, inheritance and purchase. The minor also has the ownership of the income received by him and various monetary payments.
The property rights of the child are protected by the law, which guarantees the observance of the interests of the minor and prevents unfair actions of parents or persons performing their duties.
How the child's right to property arises
A child can become the owner of any property, except for the possession of which is prohibited by article 213 of the Civil Code of the Russian Federation. The acquisition of property by a child can be carried out through purchase, donation or inheritance. The emergence of a child's ownership right may be associated with privatization. Privatization means free registration of ownership of state and municipal housing in which residents live under a social tenancy agreement. Children under the age of 14 not only participate in privatization without fail, but at the same time retain the opportunity to privatize other housing after they come of age. Children between the ages of 14 and 18, along with other family members, must agree to privatization. Only after that the persons registered in the living space become its owners.
If housing or a share in it is registered for a child, all transactions with this property are made only with the permission of the guardianship authorities. Usually, only those real estate transactions that benefit the minor are approved.
At the same time, the personal property of the parents does not belong to the child. In an apartment bought by his parents, he can simply be registered and have the right to live, but this does not automatically make him the owner of the home or a share in it.
In addition to real estate, the child has the right of ownership of the cash payments intended for him (pensions, benefits, alimony), which are received by the parents or their substitute.
What rights does a minor have to housing acquired with the participation of maternity capital
Many families were able to solve the housing problem with the help of maternity capital. It is received after the birth of the second or subsequent children, if after the birth of the second child, the parents did not exercise this right. According to the law, the purchase of real estate with the participation of maternity capital has its own nuances: housing is registered in the joint ownership of the spouses and their children with the obligatory allocation of shares.
When buying real estate with a mortgage, the property is first registered in one or both parents, and the shares of the children are allocated only after the loan is repaid and the encumbrance is removed.
Thus, both adult and minor family members become the owners of the acquired property.
