Property of a minor child in Ukraine

Property of minor children: features of the concept

In modern conditions, children who have not reached the age of majority are often the owners of property.

It can be property:

  • donated by parents and close relatives;
  • won in sports competitions;
  • earned while participating in various competitions and Olympiads.

Children are the owners of their property, while there are legal restrictions on the disposal of such property before the age of majority.

What property can a minor child own?

Many parents take care of their children’s future in advance and purchase property for their children at an early age.

A minor child can own:

  • real estate (apartment, house, part of an apartment / house);
  • valuable papers;
  • objects of art;
  • cash deposits;
  • computer and mobile equipment;
  • intellectual property.

A child can own property at any age, from the moment of birth.

The property can be registered for a child in the following ways:

  • receiving by will – inheritance;
  • registration of the gift;
  • as a result of the conclusion of a sales contract.

Registration of property for minor children has a number of features and nuances, which a lawyer in the field of family law will help you to deal with.

What rights does a child have regarding their own property?

Regarding the rights of the child in relation to property, it should be noted that there are age differences that affect the ownership and use of property.

So children are divided into:

  • minors – under the age of fourteen;
  • minors – between the ages of fourteen and eighteen.

Depending on the age category, the number of child’s rights to own and dispose of property changes.

At the legislative level, the rights and obligations of children in relation to their own property are regulated by the Ukrainian Family and Civil Code.

In Art. 173-179 SK indicates the following features of owning the property of a child:

  • children’s ownership rights to property intended for education and upbringing;
  • the rights of parents regarding the use of the child’s property;
  • property management of children;
  • use of income from children’s property.

What is the scope of rights and obligations of a young child in relation to his property?

The scope of the rights of a child under fourteen years of age in relation to property is as follows:

  • the ability to purchase small purchases to meet daily needs and development;
  • the opportunity to defend their copyright to the paintings, computer programs, poems, scientific inventions created by the child;
  • inability to purchase expensive items and objects without parental consent.

What is the scope of the rights and obligations of a child from 14 to 18 years old in relation to his property?

The scope of the rights of children from fourteen to eighteen years of age in relation to property includes the same rights that were under the age of fourteen. The following are added to these rights:

  • disposal of bank deposits;
  • management of their own income (scholarship, salary, other types of income);
  • opening bank accounts;
  • signing contracts with parental consent;
  • registration of transactions for the sale and purchase of real estate and transport with the notarized consent of the parents.

What are the features of concluding transactions with the property of a minor child?

The conclusion of transactions with the property of minor children has a number of features and restrictions.

So, if a child owns a real estate object (apartment, house) or part of it, then permission from the guardianship authority is required to conclude a transaction.

Such permission will be required for registration:

  • exchange of one property for another;
  • real estate sales;
  • section of an apartment or house.

Also an important aspect of transactions with the property of minor children is that parents do not have the right to:

  • to issue a gift on behalf of the child;
  • to be bound by a bail on behalf of the child.

These aspects are regulated by the Ukrainian Civil Code.

In this case, parents can, with the permission of the guardianship authorities:

  • to give up the rights to property assigned to the child, which is inherited;
  • waive the rights to property that belongs to the child.

The difficulties in formalizing transactions with the property of a child are associated with the protection of their interests. Contact our lawyers and they will help you make transactions with the child’s property, register the property for the child without unnecessary problems and costs.

Frequently asked questions to a family lawyer

☝ IS IT POSSIBLE TO SELL AN APARTMENT IF A YOUNG CHILD IS THE OWNER?
☝ CAN THE CHILD ORDER HIS SCHOLARSHIP UNTIL EIGHTEEN?
☝ CAN A CHILD UNDER 18 YEARS OLD BUY A CAR BY SELF?

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☝ IS IT POSSIBLE TO SELL AN APARTMENT IF A YOUNG CHILD IS THE OWNER?
✅ Sale of real estate is possible in this case only if there is permission for the transaction from the guardianship authorities.
☝ CAN THE CHILD ORDER HIS SCHOLARSHIP UNTIL EIGHTEEN?
✅ Minor children can independently manage their income, including the scholarship.
☝ CAN A CHILD UNDER 18 YEARS OLD BUY A CAR BY SELF?
✅ Children under the age of 18 cannot independently, without parental permission, conclude transactions for the purchase of a car, other vehicles and real estate.