Property of children, division of property of children
Disputes about children are the most controversial section of legal practice, which takes into account not only the documents and facts, but also the moral aspect. Most often the subject of disputes between parents are a child and the order of communication of the child with separated parents.
Our specialists have great experience in solving these problems, we know all the details of trials in minors. Just call us on the phone 227-75-27 and together we shall fight for the rights of the child.
Upon dissolution of the marriage, we face the problem of the property of the children. Often our clients ask the questions:
What rights does the child when the parents divorce?
Does a child property of their parents?
Are juvenile offenders in the division of property?
How to write a petition for divorce and alimony?
How to determine the residence of the child?
How to save for the minor the right to housing?
How to establish the place of residence of the child when the parents divorce?
All these and many other questions You can ask our experts by phone 227 – 75 – 27 and qualified advice to make an appointment .
The nurture of their children, their education – it is a sacred duty of every parent, that everything else is enshrined in law (article 38 of the Constitution).
But upon divorce, the children often become dependent on their parents relationship, which entails all sorts of negative consequences from psychological trauma to the loss of residence.
Below we attempt to describe all the rights of the child when the parents divorce.
Let’s start with property rights, the property of the children in the narrow sense of the word.
Civil code of the Russian Federation in article 17 stipulates that all citizens of the Russian Federation equally have the ability to have civil rights and bear obligations (legal capacity). A citizen’s legal capacity shall arise from the moment of his birth.
That is, every child, citizen of the Russian Federation, from birth, has the right to possess immovable property, money, stocks, etc.
The division of property of children, the rights of the child when the parents divorce
For children under 14 years of age, to make transactions on their behalf can only their parents, adoptive parents or guardians. Children at the age from 14 till 18 years is entitled to make the transaction, but only with the written consent of their legal representatives – parents, adoptive parents or guardians.
In connection with this rule too many spouses upon dissolution of the marriage think that may divide those rights which at the time of dissolution of the marriage belong to their children. This is largely due to the fact that the property children receive from their parents and dispose of such property parents.
To this effect, the legislator established the rule that can be interpreted unambiguously, that article 60 of the Family code of the Russian Federation. She says: “the Child has no right to the property of parents, parents have no right to the property of the child. Children and parents living together, can own and enjoy each other’s property by mutual consent”.
That is, in the case of divorce, the spouses may divide only the property which at the time of dissolution of the marriage belongs to them. Property children, be it an apartment, a car, a dacha, or shares of the company section does not shall be and remain the property of the child.
But even in the case of dissolution of marriage on behalf of a minor child in different trades are eligible to act as one parent, and the other, in connection with which there is often not a little controversy.
For greater protection of the interests of the child the government introduced the institution of tutorship and guardianship, which also sought to ensure the rights and legitimate interests of minors. For example, when the alienation of immovable property belonging to minors, or which is the place of residence of minors – mandatory consent of body of guardianship and guardianship. In accordance with article 34 of the Civil code of the Russian Federation to the Bodies of guardianship and guardianship are the Executive bodies of a constituent entity of the Russian Federation.
And decisions of courts of all instances have also continued the position of the legislator.
We assume that the property rights of children, in the narrow sense of the word, we understand.
But in addition to the above, every child has the right to receive maintenance from their parents (article 60 of the RF IC): food, clothing, education, treatment, etc. Thus, parents fulfilled their duty to maintain the child and ensures the child’s right to receive maintenance, which is one of the inalienable rights of the child. regardless of whether they are married or not.
In addition, to the sources of maintenance for the child are due to him alimony. These funds are collected by parental agreement or court order with the parent obliged to pay child support. Pensions and various benefits payable to minors by law, also refer to the sources of maintenance for the child. According to the paragraph 1 and 2 of article 56 of the RF IC to protect the rights and legitimate interests of the child may be minor individually or through representatives.
As another kind of the grounds for the emergence of property rights of child in the family is section 5 of article 38 of the RF IC, addresses the division of marital property. It says that things acquired by spouses-parents solely to meet the needs of minor children (clothes, shoes, school and sports equipment, musical instruments, children’s library, etc.), the responsibility can not be transferred without compensation to with whom the children live. We can say that there is a right of the child to these things, the owner of which he is essentially, although they were purchased by his parents. A similar conclusion can be made regarding the contributions made by the spouses at the expense of their common property in the name of their common minor children. These contributions regardless of who their parents were made and in what amount, are not taken into account when dividing property. The owner of said property and here is the child.
So, the legislators and pravoprimenitelnoj practice and other bodies of all branches of government are called to uphold and protect the rights of the child after the divorce of his parents.