Waiver agreement in connection with the purchase of residential property for a child

Waiver agreement in connection with the purchase of residential property for a child


When the marriage is divorced, the second parent (usually the father) is obliged to pay monthly support for the maintenance of his child until he comes of age, and in certain cases longer. The amount of alimony is strictly regulated by law.

But, there is a good alternative to monthly alimony payments. Instead of monthly payments, you can give your child real estate and refuse monthly alimony. Real estate in this case is transferred, as if in exchange for alimony. Your child becomes the owner of the property, and you are no longer required to pay child support.

However, exemption from monthly alimony payments does not exempt the donor from additional expenses for the maintenance of the child. This means that if there are unforeseen expenses associated with rest, treatment or training, then the second parent should still participate. The mother can count on her father’s participation in such expenses, despite the fact that he donated the property in return for alimony.

Keep in mind that there may be a clause in the contract that indicates a waiver of the right to additional costs. Pay attention to this and demand to exclude it, as this violates your legal rights.

How are such contracts concluded?

Usually, such agreements are concluded between former spouses having a joint child.

A prerequisite for such agreements is the consent of the Guardianship Authority to conclude such a transaction.

The subject of such an agreement may be any real estate, land, enterprise, housing complex, etc.

Transactions of this nature are concluded with the participation of a notary public, who certifies it without fail and registers it properly. Also, the notary, after registering the contract, issues an extract from the State Register, which indicates that the child is the owner of the property.

In addition, when concluding a transaction, it will be necessary to pay a state duty in the amount of 1% of the value of the property itself.

There are some more important points:

Such an agreement can be drawn up not only in favor of the child, but also on his parent with whom he lives together. In the latter case, they will own property on the basis of common ownership.
A parent can only exercise the right to donate property to his child if he also has other housing, that is, the law does not apply to the only home of the payer of alimony.
An agreement on the transfer of a property to a child is executed by his parents up to 14 years old. As soon as the child is 14 years old, he already participates as a party to this agreement.
You can sell such property before the child comes of age. But in this case, you will need the consent of the guardianship authority.

Why is the consent of the Guardianship Authority necessary?

Guardianship and trusteeship bodies protect the interests of the child.

In this case, they evaluate the value of the property with the help of an examination and determine the amount of payments until the child reaches the age of majority. Next, both amounts are compared. Payments should be no less than the value of the property.

In addition, donated real estate should not be a burden to the donated. It is necessary to see the condition of the property, whether there is a repair there and whether it is possible for the child to live there with the parent.

Based on this, the Authority gives its conclusions regarding the transaction.

In case the Guardianship Authority refuses, then this is not the end. Any decision can be challenged in court.

Also, the guardianship authorities do not take into account the fact that child support may be reduced. For example, if other children are born or other circumstances appear. In addition, real estate can both grow in price and fall. This is usually not taken into account.

Often the solution of the issue with the guardianship and trusteeships is delayed for several months, since the time for consideration of this issue is not specified in the law, and time for examination of real estate is also required.

Nevertheless, all these issues are resolved, and a variant of such an agreement is a good alternative to alimony. Especially in cases where the father works or resides in another state.

At the conclusion of such a transaction, the mother and child will have their own housing, and they do not need to spend money on a rented apartment or wander around communal rooms. Which nowadays is becoming much more important than child support itself, which are very scanty and impossible to live for. In addition, it will then go to the child at his majority.

It is important to know that you can exercise your right and conclude such an agreement at any time. It can be concluded as a partial repayment of existing debt for alimony.


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