In the case when an apartment is being sold, one of the owners of which is a minor child, the guardianship and guardianship authorities require that the amount of money received from the sale of real estate corresponding to the minor's share be transferred to the bank account of this minor. Thus, the child's property rights are protected, and when he reaches the age of majority, he can use this money.
But money is always needed, especially for a family with children. And if they remain like a dead weight in a bank account for many years, they will most likely be eaten up by inflation. And in our country, as you know, the level of real inflation is significantly higher than any bank interest.
Fortunately, the legislation of the Russian Federation allows parents and other legal representatives to withdraw money from a minor's account. This requires documents proving the identity of the parent or legal representative - a passport, for example - and documents confirming parental rights (child's birth certificate). In addition, written permission from the guardianship and guardianship authorities is absolutely necessary.
Obtaining such permission is rather troublesome, time-consuming, but quite possible. The parent or legal representative of the child writes an application to the guardianship authorities in order for these authorities to allow him to withdraw a certain amount of money from the child's account. This statement must be motivated, that is, it must indicate the goals for which it is planned to spend the money. This can be the acquisition of a new apartment, in which the child will be the owner, expensive treatment or education.
The easiest way to get permission from the guardianship authorities is if the parents or legal representatives of the minor are going to buy a new apartment or house on the condition that the child will be allocated a share in the acquired real estate. In this case, the recipient of the money will have to draw up a notarial agreement with the guardianship authorities, in which he undertakes to allocate the appropriate share to the child after receiving the apartment. Although, in most cases, the guardianship authorities only agree to transfer the required amount from the child's account to the account of the apartment seller.
If, within 6 months, the owner of the new apartment does not fulfill his promise, the guardianship authorities will file a lawsuit to declare the purchase and sale of the apartment illegal. After that, the deal will be terminated, the apartment will be returned to the previous owner, and the amount withdrawn from the minor's account will be forcibly returned.
If money is required for other needs in the interests of the minor, it will be more difficult to obtain the consent of the guardianship authorities. An authorized employee of the guardianship authorities, when considering an application, will be guided only by the interests of the minor and will only give permission for withdrawal to meet the needs that are paramount, taking into account his position and needs. Therefore, the application for permission to withdraw money from the account must indicate a reasoned reason. It is desirable, documented. If it is training or treatment - with the attachment of all available medical or educational documents.
In some cases, when the family in which the minor lives, is in difficult financial conditions, the guardianship authorities are allowed to withdraw monthly from the child's account an amount that does not exceed the subsistence minimum. Usually this permission is given to families without one parent (or both parents) due to his or their death.
It should be noted that all of the above applies to minors under the age of 14. According to the legislation of our country, upon reaching a citizen of 14 years, he has the right to independently withdraw money from his account. To do this, he needs a passport, a bank deposit agreement, a savings book for a deposit. In some cases, banks require the written consent of one of the parents (legal representatives) or the written permission of the guardianship authorities.
If an apartment is sold with a child's or son's share, part of the proceeds from the sale must be deposited into the child's account. This is known, but there is one caveat here. If the child is 14 years old and has received a passport, he will be able to independently deposit money into his account. At the same time, the requirement of the guardianship authorities is fully fulfilled. The nuance lies in the fact that if he independently deposited money into the account, he can subsequently withdraw it without the permission of the parents and guardianship authorities.
If parents or legal representatives just need to somehow protect the child's money from inflation, they can simply be converted into currency. The consent of the guardianship authorities in this case is not necessary, since according to Article 37 of the Civil Code of the Russian Federation, the consent of the guardianship authorities is needed only in cases where the child's property is reduced.
