The rights of minors in relation to property

The rights of minors in relation to property

The legislation defines the concepts of a pre-minor and a minor. Pre-minors are considered children under 14 years old and minors – from 14 to 18 years old. As full members of society, they have the right to make transactions that determine their needs. Or it can be rights on behalf of their parents. Parents (guardians) are obliged to take care of their children, dispose of the property of the children and use the income from the property for its intended purpose.

Pre-minors and minors can make small business transactions. They must meet their household needs, provide for their physical, spiritual or social development. All this should relate to an item that has a low cost.

There are transactions involving pre-minors or minors in notarial practice. These examples include the obtaining title to housing or other property. A child can receive as a result of privatization, by inheritance, under a signed donation or sale contract.

Neither parents nor guardians have the right to decide on the alienation of housing, real estate or movable property, if the issue is intertwined with the interests of the child. All real estate transactions are subject to mandatory notarization. Most often this applies to transactions with land or real estate.

The role of a notary in real estate matters

Notaries in Ukraine are obliged to confirm the permission of the guardianship and guardianship authority to conclude the relevant deals in accordance with the Procedure.
Even if the child has the right only to use the property, then the permission of the guardianship and trusteeship authority will be required. These are the cases when the child is registered in real estate and is not the owner.

Parents or adoptive parents are responsible for all transactions. The consent of the other parent (adoptive parents) is required for the transaction by one of the representatives of the minor child in relation to real estate or a vehicle. Everything must be indicated in the application, the signature of which is notarized.
There are times when one of the parents lives separately from the child. If the parent does not take an active part in the upbringing and maintenance of the child for more than 6 months, transactions can be made without his consent. This law is relevant if the place of residence of one of the parents is unknown. Then the consent of the guardianship and guardianship authorities is required.

If one of the parents objects to the conclusion of a transaction with the property of a minor child, the notary shall refuse to perform notarial actions. Interested parties are advised that the situation and dispute can be resolved through the guardianship and guardianship authorities or in court.

The law gives more rights to a minor than to a pre-minor. The prior permission of the guardianship and guardianship authorities is required to carry out transaction. To confirm the consent of the parents or adoptive parents, their signature on the statement of consent to the transactions is required.

The part 3 of Article 177 of the Family Code of Ukraine states that parents can consent to transactions with minors, but with the consent of the guardianship and custody authorities. The consent of the guardianship authorities is required if the situation concerns the interests of a pre-minor or a minor in deciding issues of ownership or the right to use real estate.