A place to live child after the divorce?
In the Housing code (LCD) is preparing a new amendment. Minor children want to solve in the life of a parent after divorce. What are the consequences of such an amendment to the buyers “omegamania” apartments, the parents and the children themselves?
Prior to the adoption in 2005 of the housing code of the so-called “former members of the family of the employer” retains the right to use the apartment in which he lived. Such “ex” were husband and his relatives. This rule is very difficult transactions in the housing market. Any buyer of an apartment in the secondary market was a big risk to get to her appendage in the form prescribed in it relatives of the seller, who retained the right of residence, and under certain circumstances could challenge the transaction, leaving the buyer without an apartment, and sometimes without money.
New LCD has solved this problem by allowing the owner to freely write “former”, but then came a new “quirk”. Minor children who, by agreement of the parents or by court decision remained after the divorce, one parent, lost the right to tenure of the other parent. That is, for example, if father has owned the apartment, but the mother is not, and after the divorce the child, as is the case in 99% of cases remains with the mother, the father has the right to write from the apartment and the ex-wife, and child.
This does not mean that issued become “homeless.” Usually in such cases, a divorced woman returns to her parents again married, rents an apartment and so on. Thus, under Russian law it is free to register there and child, regardless of the consent of the landlord, other tenants, or even the landlord. However, the legislator considered that the rights of the child is not adequately protected, and if the mother is quite possible to leave without shelter, the child should be taken care of.
Now, if the amendment is adopted, an ex-husband will not be able to discharge the child from the apartment, even if a court decision that he should live with his mother. But how, then, ex-wife, deprived of the right to use the apartment, will be able to fulfill their parental responsibilities? Obviously, the child after the divorce of his parents must remain with those who made commitments to his upbringing. So, in the example considered the protection of the rights of the child is to provide him residence, not place of residence.
What will this child registration, which can be freely registered in any place of residence of his mother? But the owner of the apartment such encumbrance promises big trouble. To sell an apartment will become much more difficult, but even if it succeeds, the buyer will always be in fear of unwanted tenants. The realtors work more complicated that will likely lead to an increase in their fee for services. Mortgages on these flats will become almost impossible, as encumbered apartment will not be able to be a full-fledged subject of pledge on the mortgage: in case of default by the borrower to the Bank will be very difficult to sell. So banks are probably just not gonna mess with illiquid apartment and will not issue the credit for it. The transaction will be less likely to lie and more likely to terminate, the operation of the real estate market will worsen.
Thus, this measure turns out to be half-hearted, and, in General, you won’t benefit from any of the participants. If we are to protect the rights of the child after the divorce, then it would be logical to go to the end and to give him not only the right of residence, but the property right to a share in the apartment. Such offers are already there, however, their implementation requires a careful not to create ground for deception owners, for example, in the case of an arranged marriage.
In addition, the reporting requirement provides for the retention of a child before the age of majority. But in 18 years to purchase their own housing is unrealistic, and thus 18-year-old child, was discharged by a parent again can be on the street. It is clear that fully satisfy all interests, but should try to incorporate them. Need a reasonable compromise, and clear and balanced norms for its implementation. It is hoped that, pending the adoption by the state Duma amendments it will be finalized taking into account the comments of experts.