In order to conclude a transaction for the sale of a property belonging to a child, permission from the district court, according to the child's address registration, is required. Such permission is also required for the sale of ideal shares of real estate belonging to children under the age of 14 or minors aged 14 to 18, as well as for the exchange of property or the securing of a loan by a pledge over property owned by children. The notary who draws up and certifies the notarial deed of sale is obliged to verify whether a court permission for the transaction has been issued.
Acceptance of the inheritance by the child before the application
Before filing an application for permission with the court, the child must have accepted the inheritance under inventory. Only after this step may the court examine the request, having regard above all to the interests of the child. Permission is granted where it is justified by important and urgent needs for the welfare of the child or the family.
Documents Required for the Issuance of a Court Permission
The issuance of permission for the sale of a child's property requires the filing of an application under Article 130(3) of the Family Code with the district court for the child's address registration. If the child is a national of a State outside the European Union and has habitual residence abroad, the competent court is that at the location of the property in Bulgaria. In the case of children from EU Member States but with habitual residence outside Bulgaria, jurisdiction is determined in accordance with Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters relating to parental responsibility.
If the child is under the age of 14, the application is filed by the parents or by the parent who exercises the parental rights. In the case of a minor aged 14 to 18, the child must also sign the application, but with the support of the parents.
Mandatory content of the application:
- A statement of the agreed price for the property;
- All material conditions of the transaction;
- Reasons justifying the need for the sale and the intended use of the funds.
It is of the utmost importance to substantiate soundly the needs that necessitate the sale, as well as the manner in which it will be of benefit to the child.
Documents attached to the application:
- Proof of the child's current address (for example, an address card);
- The child's birth certificate;
- A court decision on the acceptance of the inheritance under inventory by the child;
- A court decision on the exercise of parental rights by one of the parents (in the case of divorced parents);
- A death certificate and a certificate of heirs (if the property was acquired by inheritance);
- A document of title to the property (e.g. a notarial deed or a partition agreement);
- A preliminary contract for the sale and purchase of the property;
- A sketch or plan of the property;
- A tax valuation;
- A standard-form declaration of the child's assets;
- A payment order for the state fee paid;
- A power of attorney.
The additional documents are determined according to the case — e.g. a declaration of the parents' property status, notarial deeds, medical documents, etc. A state fee of BGN 25 is payable for the examination of the application.
Proceedings in the District Court
After the application and the accompanying documents have been filed, the court is obliged to take a decision without delay. In practice, however, an opinion is often requested from the "Social Assistance" Directorate, "Child Protection" department, regarding the existing needs of the child and whether the transaction is in the child's interest. The Directorate conducts interviews with the child (if the child is over 10 years of age) and draws up recommendations for the court. The court may also hold a court hearing at which the parents, a social worker and the child themselves are heard.
In some cases the court may require additional documents to attest to the child's needs set out in the application, the market value of the property, or the economic situation of the parents. In order to avoid unnecessary delays, the documents must be compiled correctly and in advance.
If the court finds that the proposed transaction is in the interest of the child, it will issue the permission requested. Where there is a conflict between the interests of the child and those of the parents, the court may appoint a special representative to represent the child before the notary at the transaction.
Appeal against a Refusal of Permission
In the event of a refusal by the court, the parents have the right to appeal the decision before the regional court. If a change in circumstances so requires, they may file a new application for examination.
Should you require legal advice or assistance in connection with obtaining permission from the district court, please contact us on telephone 0887550706 or by e-mail: [email protected]
