Does The Owner Of The Home Have The Right To Discharge From The Apartment Without The Consent Of The Children

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Does The Owner Of The Home Have The Right To Discharge From The Apartment Without The Consent Of The Children
Does The Owner Of The Home Have The Right To Discharge From The Apartment Without The Consent Of The Children

Video: Does The Owner Of The Home Have The Right To Discharge From The Apartment Without The Consent Of The Children

Video: Does The Owner Of The Home Have The Right To Discharge From The Apartment Without The Consent Of The Children
Video: How To Evict Son From Father's Property, Disown Son From Property (109) 2024, December
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Children are the same citizens of the country as the adult population. But their rights are especially carefully protected by the state, because minors cannot always achieve fair observance of their freedoms. These include the right to housing.

Does the owner of the home have the right to discharge from the apartment without the consent of the children
Does the owner of the home have the right to discharge from the apartment without the consent of the children

This aspect is regulated by both the Housing Code of the Russian Federation and the Civil Code. By law, every citizen of Russia must have a residence permit. Those under eighteen years of age have the right to be registered at the place of registration of their parents. If the parents are divorced, then the baby must be registered in the apartment of either the mother or the father. Moreover, if they turn out to be the same negligent parents as they were spouses, and want to dismiss the young child from the apartment, they will not be able to do this. This is illegal, and the guardianship and guardianship authorities closely monitor the rights of children, including housing.

It doesn't matter whose

It is important to note that the parents may not own the apartment in which they are registered at all. However, this fact does not nullify the child's right not only to live in this living space, but also to register on it. At the same time, housing can belong to both close relatives, for example, a grandmother, and strangers. We emphasize: if the parents of the child are registered in the apartment, then its legal owner, regardless of the degree of relationship, will not be able to discharge their minor child.

If the apartment is sold

There are situations when an apartment has a new owner. The parents themselves, when concluding a deal on the purchase and sale of real estate, agree with the counterparty the terms in which they must check out and leave the apartment. Their further fate of the new owner should not worry, because even if the old owners on paper remain registered in someone else's apartment, then any court will be on the side of the new owner. However, the situation with the registration of a child is much more complicated. Until there is information about his next place of registration, the minor cannot be discharged from the apartment. Thus, a child absolutely alien to you can be registered in the apartment you bought until he turns eighteen years old. You should worry about such nuances in advance, especially since children can not only be registered in housing, but also have its share.

Interestingly, even when moving out of a sold apartment, it is also not so easy for parents to discharge a child with his consent. To do this, they need to collect a folder with the necessary documents and apply with them to the guardianship authorities.

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