You sell a property of a minor child

keys in hand

Sometimes situations occur when children become owners or co-owners of property by inheriting it or receiving it as a gift.

When the need arises to dispose of such a property, for instance, sell or exchange it, then a consent is needed from parents or legal representatives (custodian or trustees, adoptive parents, foster parents), as well as permit from wardship and guardianship authorities.

In the material we will describe how to execute such transactions and what are the underlying conditions.

Under what conditions one can dispose of a property owned by a minor child

A minor owner of an apartment cannot dispose of it (sell, exchange) at his/her own discretion until the age of 18.

If a child is under 14 years old then transactions on his/her behalf are executed by parents or legal representatives. A parent (representative) signs a contract with a note made that he/she acts on behalf of a minor child.

A child in the age from 14 to 18 years old can make transactions with the consent from parents and other legal representatives. Thus, a child signs a contract but one of the parents (representatives) also appends a signature with a note made that he/she gives consent for the transaction.      

If there are no parents, then grandmothers, grandfathers, elder brothers/sister can act on behalf of a child.   

At the same time, when a minor child is a co-owner or a sole owner, a permit from wardship and guardianship authorities is needed to perform any actions with property. A permit is issued for the following types of transactions:

  • sale;
  • exchange;
  • pledging;
  • leasing.

Permit from a wardship and guardianship authority is not needed if a minor child lives in a property but is not its owner or does not own a part of it.

Emancipation of minor children

How to get a permit for transaction

In what cases a refusal to issue a permit can happen?

 

Last update: 15.09.2021