There are situations when a child is registered in one place, but lives in another, for example, with his grandmother. Our legislation monitors the observance of the rights of minors especially carefully, and persons under the age of eighteen have certain privileges. Does this apply to home ownership?
Children, like adults, have certain rights, and various legislative acts protect them, including the Housing Code of the Russian Federation. The child must be registered. Moreover, before he was fourteen years old, he can be registered only with his parents, as well as separately, either with his father or with his mother, if the parents are divorced. After the age of fourteen, a teenager can be registered on the living space of other relatives. This should be de jure, de facto it often turns out that the child is registered with the mother, and has been living for many years in the grandmother's territory. Or the child is registered with the mother, but at the same time he has the right to live in the father's apartment. This is evidenced by article 31 of the Housing Code of the Russian Federation, according to which a child, being a member of the owner's family, has the right to live in the living quarters belonging to him. Can a minor in this case claim a share in this apartment?
Share can be donated
It all depends on whether it is owned or the tenants live in it on the basis of a social contract. If the housing is owned, then the usual presence of the child in the apartment cannot be the reason for the transfer of a share of the apartment to him. Even the registration of a minor in this housing is not a reason for this. Registration and ownership do not affect each other in any way. The only situation in which a child has an advantage is the sale of an apartment. In certain cases, if a legal dispute arises, the minor can be registered in the apartment and continue to live with it, even if it is sold. In the absence of a residence permit, the child does not have any such rights.
A share in an apartment that is owned may appear in a child if a donation is made. It can be done at any age of the child. Also, a child can become the owner of a home in the event of the death of relatives: for parents, the child is the heir of the first stage.
Need to privatize
If the apartment is state owned and rented, it can still be privatized. And in the process of privatization, a minor child has the right to participate on an equal basis with all other residents. Until 1994, parents could carry out privatization without the knowledge of the child. However, later, when the children grew up, they began to apply to the court with a statement about the violation of their rights. During privatization, the child receives a share in the apartment along with the rest of the family.
