The issue of disposing of real estate in which a minor owns a share remains one of the most complex in Ukrainian legal practice. Alona Radeva, an attorney and partner at the AXIOS PARTNERS law firm, explained in a commentary to RBC-Ukraine that a child can become the owner of an apartment or a part of it regardless of age — through inheritance, donation, privatization, or direct purchase with formal ownership registration. At the same time, the mere registration of a place of residence or the child's actual presence in the apartment does not generate ownership rights: this requires a legal basis provided by law and proper documentation.
Who and How Concludes Transactions on Behalf of a Child
The child's age determines who exactly has the right to act in transactions regarding their property. According to Articles 31 and 32 of the Civil Code of Ukraine, transactions on behalf of a child under 14 (except for those they can perform independently) are concluded by parents, adoptive parents, or a guardian. Minors aged 14 to 18 have a broader scope of civil capacity, but for real estate transactions, the law establishes additional requirements, in particular the need for notarized consent of legal representatives. Parents do not have the right to dispose of property belonging to a child at their own discretion: any alienation of a share requires compliance with the established procedure.
Guardianship Authority Permit: A Mandatory Stage
According to Article 177 of the Family Code of Ukraine, certain transactions regarding the real estate of a minor child established by law require a permit from the guardianship and custody authority. For minors aged 14–18, part two of Article 32 of the Civil Code provides for notarized consent of parents or a guardian and a permit from the same authority for transactions listed in part two of Article 177 of the Family Code. Radeva emphasizes that such a permit is not issued automatically simply because parents plan to purchase other housing. The guardianship and custody authority conducts an inspection within one month and issues a positive decision only if the child's right to housing is guaranteed to be preserved. Therefore, before any sale, it is necessary to establish what property and housing rights the child has and how the planned transaction will affect their interests.
What the Law of March 25, 2026 Changed
On May 25, 2026, the law "On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of the Procedure for Concluding Transactions in the Interests of Minor and Underage Persons" entered into force. The key innovation is the expansion of the scope of special requirements: they now apply not only to housing owned by a child by right of ownership, but also to objects for which the child is a user. The updated Article 177 of the Family Code establishes that parents or a guardian of a minor cannot, without the permission of the guardianship authority, perform certain transactions regarding residential real estate and/or the land plot on which it is located, if the child is the owner or user of the corresponding object. For minors, similar norms are enshrined in Article 32 of the Civil Procedure Code of Ukraine.
Exception for Gratuitous Acquisition
The law provides one important exception: a transaction by which a child gratuitously acquires property into ownership, in particular real estate that they use, can be carried out without the permission of the guardianship and custody authority. Radeva clarifies that this exception applies precisely to the moment of acquisition and does not cancel special requirements for the subsequent sale of such property. Thus, if a child is gifted an apartment in which they live, guardianship permission is not required; however, when trying to sell this apartment in the future, the entire coordination procedure becomes mandatory again.
Practical Conclusion for Owners
According to the attorney, an apartment in which a child is a co-owner can be sold, but only with strict compliance with the established procedure: obtaining the necessary permits and consents, notarization, and ensuring the protection of the property and housing rights of the minor. Ignoring these requirements makes the transaction contestable and can lead to its invalidation. For parents and guardians planning to dispose of real estate involving a child's share, it is recommended to consult with a lawyer in advance and initiate an inspection with the guardianship authority before signing any documents.
