Child's right to property — what risks are there for parents.

When a child becomes the owner of real estate, it may seem like a beneficial solution. For example, parents often register an apartment or house in the name of a minor to protect the property from possible risks. However, this decision can lead to legal, financial, and psychological issues.

The editorial team at Novyny.LIVE explains why a child's property ownership can become a complication and how to safeguard oneself and the property.

Sale of a child's real estate is only possible with permission

The sale, exchange, or gift of property owned by a child without permission is illegal. Until the age of 18, a child's rights are represented by parents or guardians, but this is not enough for property disposition. Permission from the guardianship authority must be obtained, which is granted if the child's interests are respected. Guardianship authorities act strictly and formally, verifying each case.

Risks of registering property in a child's name without a real purpose

If parents register property in a child's name 'just in case', problems may arise in the future. For example:

• The child may prohibit the parents from using the housing after turning 18.
• During divorce, property cannot be divided due to it being owned by the child.
• The court may recognize the parents' actions as illegal in using the housing.

Such situations are not uncommon and conflicts over access to property may arise.

The child's right to property is protected by the state

Ukrainian legislation protects the property rights of minors just as it does for adults. Legal actions regarding a child's property require legal consistency and attentiveness. A child can be an owner of property from the moment those rights are registered in the registry.

'Even if she is 5 years old, she is already an owner. And it is illegal to sell or even rent out this apartment without her participation — it is a gross violation of the law,' says lawyer Tetyana Zhuk.

Cases of abuse and fraud involving a child's real estate

Despite strict regulations, cases of abuse still occur in Ukraine. For example:

1. fictitious permits from guardianship authorities;
2. signing documents after the age of 14 without proper legal capacity;
3. using forged documents to remove property from under control.

Such actions are punishable by law and can lead to lengthy legal procedures and harm to the child.

A gift to a child can turn into a limitation for the donor

Registering property as a gift for a child leads to a transfer of ownership, and the donor loses control. This decision is irreversible, and even if circumstances change, returning the property becomes impossible. Notaries warn about the legal consequences of such actions.

Guardianship over a child and property rights do not allow access to housing

Having guardianship over a child does not mean free disposition of property. If the child is under state guardianship, their property is controlled by guardianship authorities, prosecutors, and the court.

How to act safely if a child is the owner of property

To avoid legal problems, it is recommended to:

• Register property in your name and then transfer it to the child after they reach adulthood.
• Provide terms of use for the property when giving it as a gift.
• Consult with a lawyer before any real estate transactions.