The guardianship authorities may refuse to alienate a house or apartment, the share in which belongs to the child, in the event that such a transaction violates or infringes upon the rights of the minor. The process of obtaining a positive decision is complicated by the lack of clear criteria by which the guardianship authorities evaluate each appeal.
Parents of underage children often encounter difficulties in implementing a decision to sell or exchange a dwelling in which the child owns a share. A prerequisite for such a transaction is to obtain the consent of the guardianship and guardianship authorities, which is enshrined in the current civil legislation. The purpose of such a condition is to prevent violation or infringement of the rights of a minor due to the deterioration of his property situation, therefore, the corresponding rule applies not only to parents, but also to guardians or custodians of the child. To obtain the consent of the guardianship authorities, parents should know the most common reasons for the refusal of the competent authorities to approve the relevant transaction.
The most common reasons for the refusal of the guardianship authorities to alienate property
The most common reasons for the refusal of the guardianship authorities to alienate property are:
- the possibility of challenging or invalidating a sale and purchase transaction or a real estate exchange agreement in the future, which may lead to the child's lack of housing;
- a decrease in the share in the ownership of an apartment or house that belongs to the child;
- other deterioration of the child's living conditions (purchase of a cheaper real estate object, taking into account the location of the purchased real estate instead of the house or apartment being sold, etc.).
At the same time, a specific list of reasons why the guardianship authorities may issue a negative decision on a specific transaction is not fixed anywhere. That is why one should be guided by the general principle of the inadmissibility of deteriorating the living conditions of the child, other infringement of his property rights as a result of the sale or sale of the real estate object.
What to do if you receive a negative decision from the guardianship authorities?
If the guardianship authorities nevertheless refused to issue a permit to conclude a transaction for the alienation of real estate, then a possible solution for the parents may be to challenge the relevant act in court or to look for another suitable option for the transaction of purchase and sale or exchange. The first option should be chosen if there are clear signs of an unlawful refusal, while the second solution is suitable for cases of a reasoned negative decision, the reasons for which was a clear violation of the interests of a minor.
