How to register real estate for a child in Ukraine: rules, documents, risks, and benefits
Registering real estate for a child has its own legal nuances and restrictions. Learn how to properly buy, gift, or inherit housing for a child in Ukraine, what documents are required, and what risks should be considered
Registering real estate in a child's name is a common solution for parents who want to take care of their children's future in advance or protect their property from possible risks. At the same time, such transactions often cause confusion: nuances of civil capacity, involvement of guardianship authorities, list of documents, and restrictions on the disposal of property. In fact, current Ukrainian legislation clearly regulates these issues and allows minors to own real estate under certain conditions. This is written about by finance.ua.
Legal status of a child and civil capacity
The key thing to understand before registering real estate in a child's name is the scope of their civil capacity. This determines who can enter into legal transactions and how.
The Civil Code of Ukraine distinguishes between two categories of children:
● minors — up to 14 years of age (Article 31 of the Civil Code), who have partial civil capacity;
● minors — aged 14 to 18 (Article 32 of the Civil Code), who have limited civil capacity.
For minors, all real estate transactions are carried out by other persons in their interests — parents, guardians, or guardianship and custody authorities. Minors may enter into contracts independently, but only with the written notarized consent of their parents or guardians and the permission of the guardianship and custody authorities. This difference is fundamental and often becomes a source of misunderstanding.
When a minor can act as an adult
There are exceptions when a person aged 16 or older can acquire full legal capacity. The law provides for four such cases: marriage, official employment under an employment contract, entrepreneurial activity, or becoming a parent. In these situations, the person is de facto and de jure equated with an adult and can independently acquire real estate without additional approvals.
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Ways to register real estate for a child
Real estate is registered for a child in the same way as for an adult. The most common methods are purchase and sale, gifting, and inheritance. Barter agreements or other civil law agreements are also possible.
At the same time, the law establishes clear restrictions: it is not possible to register a mortgage or a life maintenance agreement for a child. Such methods of acquiring real estate for minors are strictly prohibited.
In all other cases, the child becomes the full owner of the property, regardless of who signed the contract. It is the child's name that is entered in the State Register of Real Rights to Real Estate.
Registration procedure and participation of guardianship authorities
Any agreement on the acquisition of real estate must be notarized. In the case of a minor child, the agreement is signed by the parents or guardians. In the case of a minor, the agreement is signed by the child himself, but in the mandatory presence of parents, guardians, and representatives of the guardianship and custody authority.
Similar rules apply to the registration of property rights in new buildings. When registering ownership rights to already built housing, the notary will also require permission from the guardianship authority.
Given the significant financial value of such properties, homeowners are increasingly advised to take care of additional property protection. In particular, express property insurance for Ukrainians can be obtained online at Visit Ukraine — this is a quick way to protect your apartment or house from basic risks without complicated procedures.
List of required documents
Registering real estate in a child's name requires an extended set of documents. It includes:
● passports and TINs of parents, guardians, or adoptive parents;
● child's birth certificate or passport (from 14 years old);
● the child's TIN;
● a certificate of the child's place of registration;
● title documents for the property;
● technical passport;
● a certificate of registered persons in the dwelling;
● notarized consent of parents or guardians;
● permission from the guardianship and custody authority.
For a gift, you'll also need written consent to accept the gift. In the case of inheritance, you'll need the death certificate of the testator, a certificate of their last place of residence, a will, and documents confirming the right to inheritance.
Risks and benefits of registering property in a child's name
The main risk is related to the limited ability to dispose of real estate until the child reaches the age of majority. All actions with such property are carried out through parents or guardians and only with the consent of the guardianship authorities. In addition, a minor is independently liable for any damage caused, and under certain conditions, the claim may be enforced against their property.
At the same time, there are significantly more advantages. The child's real estate is not divided during the parents' divorce, cannot be seized for their debts, and is not subject to confiscation under court decisions concerning adults. An additional advantage is increased control by the guardianship authorities, which effectively protects the interests of the child.
Before registering real estate in a child's name, it is important to clearly define the purpose of such a decision and weigh all the consequences. Gifting often seems like the easiest option, but it is not suitable in all situations. In any case, it is advisable to consult with a lawyer who specializes in real estate and family law to avoid mistakes and unnecessary expenses.
We remind you! In 2025, the residential real estate market in Ukraine showed active price growth in most regions. Read about where apartments have risen in price the most in the primary and secondary markets and which regions remain the most expensive and affordable.
Photo: wanzeckteam
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