Registration of an adult son in another apartment
1st apartment 55m2, registered mother (55) and son (33), owner mother 2nd apartment 42m2, no one registered, owner mother task: register my son in the 2nd apartment, please write a complete scenario of actions and documents for each step September 17, 2013, 14:04, question No. 225532 Vasily, Moscow Clarification from the client so far the only remaining question is: why is the son’s birth certificate in the passport office if the son is an adult? September 17, 2013, 14:27 200 cost of the issueissue resolved Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (5) 33% fee received 3285 replies 1092 reviews Chat Free assessment of your situation Lawyer, Belgorod Free assessment of your situation Vasily, the son will be able to register in his mother’s second apartment only with her consent, is it available?
September 17, 2013, 14:07 0 0 fee received 33% 1073 responses 460 reviews Chat Free assessment of your situation Mysnik Nina Lawyer, Moscow Free assessment of your situation
- 1073responses
- 460 reviews
Hello, Vasily!
The mother and her son must go to the passport office (at the location of the apartment), taking with them the property certificate and the son’s birth certificate. There the mother (as the owner of the apartment) will write an application to register her son in the apartment. They will take your son’s passport for registration and will give you a certificate stating that the passport is temporarily in the passport office.
It is not necessary to register now; government agencies will do this for you. September 17, 2013, 14:10 0 0 fee received 33% 3449 replies 1179 reviews Chat Free assessment of your situation Lawyer, city.
Orenburg Free assessment of your situation Hello! Go to the passport office with originals and copies of documents for the apartment and passports. Write an application for registration and hand over your son’s passport to get a stamp.
Come back in three days and that’s it. September 17, 2013, 2:11 pm 0 0 265 replies 95 reviews Chat Free assessment of your situation Lawyer,
Kirov Free assessment of your situation Let me clarify: the application for the provision of residential premises on your behalf in favor of your son must be certified by a notary or at the place of submission of documents (at the Housing Office or the Federal Migration Service). The one who will certify the document must see everyone who signs it, their passports and confirmation that in front of him is everyone who is registered at this address. September 17, 2013, 2:14 pm 0 0 7.5 Rating Pravoved.ru 28488 replies 5853 reviews Chat Free assessment of your situation Lawyer, city.
Voronezh Free assessment of your situation
- 7.5 rating
Good afternoon! Order of the Federal Migration Service of the Russian Federation dated September 20, 2007 N 208 “On approval of the Administrative Regulations for the provision by the Federal Migration Service of state services for registration
Registration of adult children with their own parents
In some passport offices and the Federal Migration Service, owners and the prescriber are given one application form for everyone to fill out. Also, along with the application, the prescriber may be given an arrival form to fill out. In general, each department has its own rules. The application form in Form No. 6 (with a tear-off coupon) can be downloaded or taken from the registrar. Samples for each hang on the information board.
Every child has the right to live together with his parents, except in cases where this is contrary to his interests.
Of course, you can check out. But in order to register, several conditions must be met. If the apartment is owned, then registration requires the consent of the owner, that is, not even consent, but personal participation in the Federal Migration Service, where he will need to write an application asking to register you. If there is more than one owner in an apartment, then the consent of all other owners is required.
Can a parent who is only registered in the apartment, but is not the owner, register a child in an apartment?
The Internet portal of the "Rossiyskaya Gazeta" was registered with Roskomnadzor on June 21, 2012. Certificate number EL No. FS 77 - 50379. The editors are not responsible for the opinions expressed in readers' comments.
Discharge of a child from an apartment more often occurs voluntarily than in a mandatory (otherwise judicial) manner. For voluntary deregistration of children under 14 years of age, only the consent of their representatives (parents or guardians) is required, and children over fourteen years of age make an application on their own behalf.
There are 4 people registered in a one-room non-privatized apartment. A sister with an adult son and a brother with a minor son. It was decided to privatize and sell the one-room apartment for division. The mother of a minor son is registered in a 3-room non-privatized apartment where two others are registered. Question.
It is impossible for a minor child to be discharged to “anywhere”, that is, he must be registered on a permanent basis.
Please tell me I can leave my father’s apartment, give up my share, and register with my children with my mother where he lived in a smaller area.
The exception is newborn children. The restrictions do not apply to them, regardless of the area standards, consent or disagreement of the landlord.
Every person living on the territory of the Russian Federation is obliged to adhere to the rules of registration on a permanent or temporary basis. The first option involves registration at the place of permanent residence, the second - at the address of temporary residence. If a family is raising a child in a legal marriage, the family’s intention to have a common registration address seems logical, but everything changes when the parents divorce.
In social housing, tenants sign an application for registration of additional residents, indicating that they are not against this action. According to the Housing Code (Article 67, paragraph 1), tenants can additionally move other people into the apartment.
Mom is the owner of the apartment. My mother, me and my children are registered in the apartment. The son lives in another city, but is not discharged. Now he got married, a child was born and he wants to raise the issue of his share in this apartment. My youngest daughter and I live with my mother and there is no other housing. Does the son have the right to a share in the apartment?
Registration through the MFC is very convenient due to the following parameters: Convenient work schedule and convenient location All papers are submitted in one window in which the applicant then receives the finished result, and additional advisory services can also be obtained at the center Registration through the MFC is not much different from other methods of obtaining registration .
Legal requirements How long does it take to register a child? Registration of a child at the place of residence in the Russian Federation is a mandatory and necessary procedure. Having a residence permit is necessary to exercise his civil rights and receive social guarantees: admission to an educational institution, receiving medical care, obtaining various benefits. Preparation of the necessary documents: certificate for the apartment, passport of the owner and registered entity, technical passport for the residential property.
If the spouses do not own the apartment where they live as owners, but are registered in it, then the consent of the owners to register the child is not necessary (Article 70 of the Housing Code of the Russian Federation). Especially if the child is newborn. After all, according to the law, the baby must live with his parents. It is impossible to register a minor child separately from his parents.
Even if your son is not the owner of the apartment, this does not prevent the child from registering. The consent of the owners or other registered persons is not required.
Who can be registered in a municipal apartment - procedure and rules
> > > Each residential premises belongs to a specific housing stock. On the territory of our country there are the following housing stocks:
- municipal.
- private;
- state;
The private fund includes apartments and other types of property assigned to individual citizens and owned by them according to documents. The state fund belongs to the state, the municipal fund – to the municipality. Let's look at the meaning of the concept of municipal housing stock and municipal apartment. Real estate is called municipal when ownership belongs to the municipality.
At the same time, ordinary citizens have the right to live there, rent it out, but cannot perform other registration actions, for example, sell it or exchange it.
Such real estate is provided to citizens of municipalities under a social rental agreement. In addition to disposing of an apartment for rent, residents living in it can register there and register their relatives there. To carry out this action, you must collect a certain list of documents and submit it to the services that carry out registration. Under the rental agreement, the municipal authorities provide the right of residence to the tenant. In this case, the tenant can register himself or register his relatives (children, parents, husband, wife). It is extremely difficult to register a tenant who is not a relative of the tenant in a municipal apartment.
Difficulties also arise when registering relatives: for example, the municipality decides that there are not enough square meters for each family member. Registration in municipal housing is carried out by MFC bodies, passport offices or other authorized bodies. The tenant must collect a complete package of documents and bring it to carry out registration actions.
- Provide documents according to the list (see below).
- You must submit an application for registration to the Housing Office.
- The passport office specialist fills out special document forms and submits them to the FMS. Within three days, registration will take place and a stamp will be placed in your passport.
- It is also possible to submit an application through; registration is free. The passport officer cannot refuse to accept documents for registration.
- Adult males must be provided with a military ID (if there are no restrictions on conscription for health reasons or other reasons).
- For example, if not just one tenant, but a full family wants to register,
- Certificate about the family composition of the person wishing to register in housing.
This document is provided by the passport office at the previous place of residence. - At the previous place of registration, a departure slip is issued, which will also be necessary for further registration in the apartment.
- First of all, you need a passport of a citizen who wants to register as municipal property. The passport must be valid and contain reliable information.
My son doesn’t pay his loan... What does the parents have to do with it?
The bank requires me
so that I pay the loan, otherwise
they threaten to take my house
. At the time of taking out the loan, my son was registered in this house, but now only I am registered there. Does the bank have the right to my house and my other property (not belonging to my son)?
We recommend reading: Decree of the President of the Russian Federation dated 05051992 G No. 431 “On Social Support Measures for Large Families”
I strongly recommend that you contact the district and city prosecutor's office with a statement about the commission of a crime under Article 159, Part 4 of the Criminal Code of the Russian Federation, namely fraud committed by a group of persons by prior conspiracy on an especially large scale. In the application, indicate the information you have about the commission of a crime under Art. Art. by unidentified persons against your son. 126, 159 of the Criminal Code of the Russian Federation, namely, kidnapping for the purpose of committing fraudulent actions to seize funds from Bank XXX. Taking into account the absence of your son for more than 1 month. the reaction will be unambiguous. Operational investigation with the prospect of trial. By the way, if your son was in cahoots with his adversaries, in prison he will be able to take an exclusive course against drunkenness and alcoholism. Speaking of your son's liver. — It (the liver) will be taken away by police officers during the first interrogation, in order to identify the persons subject to criminal liability for the crime committed.
advokat-martov.ru
The mother demands that she and her children be discharged.
I don’t want to, and the children’s father has no consent. He lives in another city. Tell me, can my mother, as the owner of the apartment alone, sign me and my children out without our consent?
Good afternoon Victoria, in your case, no, she won’t be able to, everything will be decided in court, so first she will have to go to court, and you will directly defend your interests.
Well, is that a problem? You bought an apartment... Mother, as the owner, she can sign you and the children out too.
She doesn’t need anyone’s consent for this.
Unless, of course, there was a refusal to privatize yours. Is it possible to register a child with the father from the mother with his consent if there is a debt to pay for the apartment?! Hello, you can register if you have debt.
The passport officer cannot refuse to accept documents for registration.
- At the previous place of registration, a departure slip is issued, which will also be necessary for further registration in the apartment.
- First of all, you need a passport of a citizen who wants to register as municipal property. The passport must be valid and contain reliable information.
- Certificate about the family composition of the person wishing to register in housing.
- Adult males must be provided with a military ID (if there are no restrictions on conscription for health reasons or other reasons).
You must have with you:
- permission for registration of everyone who lives in the apartment;
- social tenancy agreement for municipal housing;
- warrant for an apartment;
- passport;
- departure sheet;
- a statement where the data of the person being prescribed will be noted.
The listed documents must be provided in originals and copies.
To register in a municipal apartment, everyone who is registered in the apartment must be present in person. When someone cannot be present in person, it is necessary to provide notarized consent or provide a power of attorney.
Permission for registration from the owner of municipal housing is written in free form with a passport service employee.
It must reflect information about the person registering and the address of the municipal apartment. Info If only the owner is registered in the apartment, his application for the provision of residential premises, also certified by the Housing Office or a notary, is sufficient. There are also no restrictions when registering any relative, including parents, for municipal housing.
You will need documents confirming kinship and documents confirming consent to registration of all adults registered at the place of residence in this living space, also certified by a notary or at the housing office.
Before certification, the notary must make sure that everyone who is registered in the apartment is present. To do this, you need to take a copy of the financial and personal account and an extract from the house register from the housing office. The same documents are presented when concluding an agreement or registering consent at the place of their submission. When concluding a contract for the use of a privatized apartment, a certificate of ownership of it must also be presented.
How to register a 16-year-old daughter with the child’s mother during a divorce.
The son gained credits and disappeared
Colleagues, tell me what to do, the situation is this: I live in my aunt’s apartment, her son is also registered there, the aunt died 4 years ago but is still registered in the apartment, her son lives in another country and he doesn’t care about the apartment, he’s not going to come here, I live in the apartment I pay for it and recently noticed that in.
In March 2007 I bought a VAZ-2107 car at a car dealership. There, in fear. I took out MTPL insurance from MAX company, the representative of which also offered to take out CASCO insurance for a year. In response to my answer that I don’t need CASCO insurance for a year (I don’t use the car in winter), he said, referring to.
28 Feb 2020 etolaw 281
Share this post
- Related Posts
- Benefits for Pensioners During the Construction of a Residential Building
- List of documents for purchasing a house with land in 2020
- Vladivostok settlement center for electricity metering
- What holograms should be in the 2020 medical book?
How to register your mother in your apartment
// Before certification, the notary must make sure that everyone who is registered in the apartment is present. To do this, you need to take a copy of the financial and personal account and an extract from the house register from the housing office.
The same documents are presented when concluding an agreement or registering consent at the place of their submission. When concluding a contract for the use of a privatized apartment, a certificate of ownership of it must also be presented.
It is necessary to show the notary or housing office (or FMS) employee the passports of those who will sign an agreement, application or consent in front of him. If the apartment is privatized, the situation with registration of parents with an adult son or daughter is no different from registration at the place of residence of any relative or other person .
There are no restrictions on living space.
All that is required is to conclude an agreement for the free use of residential premises and have the signatures of all adults living in the apartment certified by a notary or the housing office.
If only the owner is registered in the apartment, his application for the provision of residential premises, also certified by the Housing Office or a notary, is sufficient. But the process of registering persons who are not relatives will be more complicated.
To do this, you must obtain permission from the municipal authority and all persons registered in the apartment. In addition, living space accounting standards must be observed. The value of this norm is established individually in each region of the Russian Federation.
The necessary information can be obtained from the settlement administration.
It is important to remember that registration will be denied if the norm is not met.
When calculating it, the total area of the apartment and the number of actually registered persons are taken into account. Permanent registration is a mark in the passport indicating the date and address of registration.
If minors are registered, a corresponding paper registration certificate is issued. Temporary registration is issued only on paper.
Deregister at the previous place of residence for the person planning to register in your apartment.
This will be confirmed by a departure slip of the established form.
Fill out an application (Form 6) at the territorial office of the Federal Migration Service or the passport office for the owner of the property and the person who registers in this premises. In this way, the owner of the residential premises expresses his consent to registration. If the apartment is in shared or joint ownership, and there are several owners, then their presence is required.
You can get out of the situation by issuing a power of attorney for one of the homeowners, who will act in the interests of the others. Provide the above package of documents.
As a rule, copies and originals are provided. The person authorized to receive documents immediately checks the presence of all documentation necessary for registration and returns the originals (the exception is the passport of the person applying for registration, since it will contain a registration mark).
Registration registration. IN
Registration of registration for a newborn child at the mother’s place of residence
Young parents are concerned about how to correctly register their newborn child and quickly pick up the necessary document. It’s easier to register your child using the MFC or the State Services portal. Then there is no need to stand in queues, wasting a lot of time.
It is mandatory to provide “living” documents. It is better to assemble them immediately, following the existing instructions. This will allow you to complete your application faster by submitting everything you need at one time.
To do this, mothers and fathers must know all the nuances regarding the registration of the baby.
Baby
Why do you need registration?
The sooner the baby gets the necessary documents, the sooner he will become a full-fledged member of society.
Registration of a newborn at the place of residence makes it possible to do the following:
- Rely on maternity capital. To be able to use it, you need to collect a list of papers, one of them is a document that the child is registered;
- Receive social assistance and benefits. For example, the state supports families raising three or more children. The registration of all children must be checked. Also, the mother will receive products from the dairy kitchen;
- Send your child to kindergarten, the queue for which is open only for children with registration. Usually they try to submit documents as early as possible in order to have a chance to qualify for a group in a preschool institution. In the future, the child’s enrollment in school depends on registration;
- Apply for a foreign passport for your baby.
Previously, there was a problem with obtaining a policy without registration. When the baby’s residence at a certain address was not documented, he could not count on free medical care. Now there is no such rule. You can apply for a compulsory medical insurance policy at the place where a person currently lives; whether he has a residence permit or not is irrelevant.
For your information. The provision of a visiting nurse who can help with advice and tell the mother how to behave with the newborn will most likely be refused.
Rules for the procedure
Tests for a swimming pool for a child under one year old, what certificates need to be submitted
The easiest way to register a child at the chosen place of residence is before he turns one month old. During this time period, there is no need to submit documents regarding the father’s residence. It is not always possible to collect all the papers so quickly; it depends not only on the wishes of the parents.
What documents are collected?
While still in the maternity hospital, the mother receives a certificate stating that the child has been born. It is needed to take it to the registry office; it is the main document that allows you to issue a birth certificate. Usually it is received within a month. This is how much time is given to complete the document. Already having it in their hands, parents can begin to think about how quickly and where exactly to officially register the baby.
In addition to the baby’s main document, you will have to prepare:
- Mom and Dad's passports, also copies of them. It’s better to play it safe and reshoot the main pages for yourself. While the paperwork is being carried out, the parents will not have passports in their hands. They will be returned them along with the completed child registration;
- A statement written by the parents stating that they wish to register their son or daughter at the designated address. The apartment or house where both or one of them are registered is indicated;
- A document whose purpose is to confirm that the woman agrees that the baby will officially reside at the same address as his dad. This is required in the case when the mother is registered in one apartment, and the father in another, or their relationship is not legalized. If it is necessary to register a child with the mother, the father's consent is usually not required;
- Marriage certificate;
- Extract from the house register. If we are talking about a private house, then you need to provide it in its entirety. When registration begins after a month has passed, and the mother and father are registered in different places, you need to make copies of both books. This is required to ensure that the registration of the new citizen is not duplicated.
Book
Note! If the parent at whose address it is planned to register the baby has temporary registration, then you need to confirm that he regularly and in full pays for housing and communal services. To do this, you will have to take a certificate stating that all bills have been paid off and he is not listed as a debtor. Also, such a document is necessary if we are talking about municipal housing.
The law allows parents to register a child in a chosen place (house or apartment). Legal representatives and guardians also have this opportunity. Other relatives, especially acquaintances, will not be able to do this.
Where a child is registered at birth is decided by his parents. The main thing is that at least one of them is officially registered in this place. When a man and woman cannot choose where their child should live, the court decides. The proceedings consider the conditions in which each parent finds himself.
Mom and dad are legally married
If the baby’s parents have a marriage certificate in their hands, they are officially husband and wife, then they can register it at any address if they have registration issued at different addresses.
At the same time, during the issuance of the baby’s birth certificate, his main document, the father can be anywhere, he does not have to come. His paternity will still be confirmed.
If the marriage had not been confirmed, and the man had missed the issuance of the document, then he would not have been mentioned - a dash would have been put in the father column. It turns out that the child will not be able to live with him legally.
Note! If the parents are registered in one place, apartment or house, then the mother or father can handle the paperwork, including picking up the completed document. There is no need to be present together when registering a newborn.
A young mother is doing decorations without her husband
Registration with mother
If you have to register a baby with the mother, then only her presence is provided. When the document is received after the child is one month old, you must remember to take a copy from the house register where the newborn’s father lives. The paper indicates everyone who officially lives in the apartment; the child should not be there.
Registration with father
Brief step-by-step instructions on how to submit documents if you plan to register your baby with your dad:
- Both parents must come for registration;
- Bring the entire package of documents, namely passports, a birth certificate received in advance, an application with the address where you plan to live with the child, extracts from the house register, confirmation of marriage, if any;
- The mother will have to give consent, drawn up as a statement in which she confirms that she has nothing against the fact that her son or daughter is registered in the father’s apartment. If a woman cannot come in person, then the man is obliged to bring her consent, but only notarized.
The need for owner consent
The law does not provide for restrictions if parents register their child in the same place where they are registered and live themselves. That is, it does not matter whether they are home owners. The state is not interested in who owns the house or apartment.
The main thing is that they are the place of residence of mom or dad or both of them. The owner cannot prohibit the registration of a newborn in the same living space. This means that you do not need to obtain any documents from him.
However, he can be brought to administrative responsibility, because for the fact that someone lives in an apartment owned by a person without registration, a fine is imposed.
Note! The opportunity to register an infant in non-owned housing can only be used once. When you have to register the child again, you won’t be able to do it without the owner’s permission.
Problems may arise if the apartment is taken out on a mortgage. It happens that there is a clause in the contract that no one can be registered in it except the person who makes the monthly payments. This rule also applies to the borrower’s children. Then the issue can be resolved in court and, as an exception, it can be recorded that the baby does not live where his mother and father are officially registered.
If the parents rent an apartment and officially live in another place, then the child can be temporarily registered. However, it will only be valid for 90 days.
The apartment is not owned
When the baby’s mother and father are not the owners of the apartment, this does not serve as an obstacle to the child’s registration in it. The main thing is that they are registered there. According to the law, the baby must be close to them; the state cannot prevent this.
Family
A temporary registration is issued for the child. It is valid for the entire period that his parents have the right to legally reside in the given territory. Then you need to submit the documents again.
Do I need to pay and how long to wait?
What you need in a crib for a newborn
Registration of a child after his birth is free of charge. Parents do not need to think about any fees. The only thing is that you will have to pay a notary if you need to certify the mother’s permission to move the baby to his father. To start the registration process, you need to submit documents. This can be done through the website of the State Services, MFC or Ministry of Internal Affairs.
Mom does preliminary work via the Internet
If you do not take into account the preliminary collection of the requested papers, the registration is carried out within 3-8 days. After this, parents receive the long-awaited document. Its form does not change until the child is fourteen years old.
What are the consequences of not having a residence permit?
According to the law, a citizen of the Russian Federation must not forget about the need to inform the state where he lives. If a person moves, it is required that he notify the relevant authorities after leaving his previous place of residence. He is given no more than a week to do this, otherwise he may be fined.
Should I wake my newborn for feeding?
The newborn does not have an apartment or house in which he previously lived. There is no official document establishing the maximum period for which an infant can remain without registration. It is better to do it faster in order to enjoy all the benefits provided by the state.
The Code of Administrative Offenses provides for liability imposed on persons who allow persons to remain permanently on the territory of their property without appropriate documentation.
You can find out about this only if they themselves want to write a statement admitting to a violation of their rights. If a complaint comes from strangers, then it is not easy to prove illegal presence.
If guilt is admitted, then a fine of 2 to 3 thousand rubles is imposed for 2020. In Moscow and St. Petersburg the amount is slightly higher (the violator is required to pay from 3 to 5 thousand rubles).
Note! If a man and woman have not recorded anywhere that the child lives with them, but are themselves registered legally, then they will pay a fine only when they themselves admit that they are not fulfilling the duties assigned to them. If they want to evade responsibility, they must present documents confirming that the child sharing the same living space with them is their son or daughter.
If the father doesn't agree
Where to register a newborn is decided by his parents. Mom can register it in her apartment, where she officially lives alone or with her husband.
At the same time, there is no need to come with a man; a woman has the right to do paperwork alone. Also, documents confirming his consent are not required from the father.
All you need is an extract from the house register, which indicates everyone who lives with him, if the mother has a different address.
A man must confirm that he wants to register his son or daughter if it concerns an apartment that he owns, when it is recorded that he lives in it alone, without the baby’s mother.
If the father is against it, then registration will not be possible.
However, if a woman confirms that she officially has the right to stay in the apartment or house, she is listed in the house register, then the man cannot stop her.
If the father objects to the baby being registered with the mother, the dispute is resolved in court. The state provides parents with equal rights in relation to their children.
Trial
How to register your son in your own apartment
/ / Content
- Draw up a statement of claim to a judicial organization demanding the allocation of a share of the common property. The court will determine the size of the area owned by the plaintiff.
- Collect the certificate of ownership and submit it to the passport office or MFC. Based on this document, registration will be carried out without the consent of the co-owners.
- Once the court decision on the allocation of a share has entered into force, contact Rosreestr to register the rights of the owner of the area.
A person should contact the passport office or MFC with a passport and a certificate for the property, but in this case the presence of the owner will be required. The owner of the apartment must draw up an application in which he asks to register a person in his area. The general scheme for registration in an apartment is as follows: come to the passport office at the new place of residence (if applying for permanent registration) or stay (if you want to register temporarily); Provide documents on the basis of which you want to register in the apartment.
This could be documents confirming ownership of the apartment, showing that you are the owner and want to register in it. Or it could be the consent of the apartment owners, if you want to register in someone else’s apartment; After signing the application, give your passport and pick it up with a registration stamp on the appointed day.
The article says 4 options for registration - in your own apartment, in someone else’s, without the presence of the owner and via the Internet on the State Services portal (some points in the instructions are repeated).
- On the page that opens, under the heading “How to get the service,” a detailed registration procedure is indicated - read this carefully. On the right, click on the “Get service” button if you need permanent registration. If you are registering temporarily, then on the right select “Registration at your place of residence” and also “Get a service”. The main legislative act that regulates issues related to housing is the Housing Code. This Code sets out the general provisions for registration and deregistration at the place of residence of citizens. After reading it, you can find out whether the son, the owner of the apartment, can discharge his mother or father. Therefore, if such a disaster happens that they decide to discharge you, it is better to resolve the issue with the owner or tenant amicably. Either persuade him to abandon his decision, or discharge himself. This way, at least you won't have to pay legal fees. After the child is discharged, both parents need to go to the passport office where the father is registered. You, as the father, need to submit an application to register the minor at the father’s place of residence. And the child’s mother must give consent to this. To do this, you must first contact the passport office at the place of registration of the child and submit an application to remove the child from registration.
- Follow the link - https://www.gosuslugi.ru/pgu/service/10000023336_85.html#!_description.
How to deregister a relative from an apartment to the owner: is it possible to deregister a father, mother, son or daughter?
Can a mother remove her son from the apartment without his consent? It is very difficult to discharge a child , no matter whether it is privatized or municipal housing. If the guardianship authorities determine that as a result the living conditions of the minor will worsen, then you can safely put an end to his discharge from the apartment, since this action will be challenged in court.
- does not pay for housing, that is, he has accumulated debts;
- has another housing, does not live in this one, uses the apartment for other purposes;
- the housing was damaged due to his fault;
- constantly violates the rights and peace of neighbors and people living with him.
absent from the given living space for a long time;
We recommend reading: Until what year was study at a vocational school included in the work experience?
Can a mother register her daughter/son in an apartment without the consent of others registered?
Hello, this is the situation. The apartment is not privatized. Can a mother register her daughter/son in the apartment without the consent of other residents (registered) in the apartment?
January 27, 2020, 03:03, question No. 1514746 Valery, Yaroslavl Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (3) 10138 answers 4010 reviews Chat Free assessment of your situation Lawyer, Yaroslavl
Kaliningrad Free assessment of your situation Hello, Valery. Both the tenant and the owner of the property have the right to move into the apartment other than their minor children under fourteen years of age, only with the written consent of all adult family members.
Including those temporarily absent. No one's consent is required to move in children under fourteen years of age.
In addition to the consent of family members, the tenant also needs the consent of the landlord to move in. January 27, 2020, 03:12 0 0 10.0 Rating Pravoved.ru 27893 answers 12445 reviews expert Chat Free assessment of your situation Lawyer, city.
Cuban Free assessment of your situation
- 10.0 rating
- expert
Good afternoon Maybe, but on condition. Housing Code of the Russian Federation, Article 70. The right of the tenant to move other citizens into the residential premises he occupies under a social rental agreement as members of his family 1.
The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, including temporarily absent members of his family, and the lessor - other citizens as members of his family living with him.
The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of the relevant residential premises per family member is less than the accounting norm.
The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children. January 27, 2020, 04:04 0 0 20435 replies 6793 reviews Chat Free assessment of your situation Lawyer, Moscow Free assessment of your situation Hello! According to Art. 20 of the Civil Code of the Russian Federation: 2. The place of residence of minors under fourteen years of age or citizens under guardianship is the place of residence of their legal representatives - parents, adoptive parents or guardians. A child can be registered without the consent of other family members, because
children must be registered at the place of residence of their parents. With respect, Nadezhda. January 27, 2020, 10:53 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price.
Similar questions March 30, 2020, 21:15, question No. 1591531 April 30
Who can be registered?
Who can be registered in a municipal apartment? In addition to the tenant himself, his family members can be registered . This is logical, despite the fact that the contract is concluded with one person, most often he lives with his family.
What rights do new residents have?
A registered tenant has a number of advantages:
- He is allowed to use the property.
- The new tenant has the right to move his loved ones into the home.
- Privilege to move in young children without owner intervention.
- Privilege to participate in the privatization process.
If you privatize the property management, then each registered tenant will have an equal share. Permanently registered citizens have equal rights to housing.
What happens if no one is registered in public housing?
There is an important feature - if no one is registered in public housing, then the living space in question is considered unoccupied. It is believed that persons who have entered into a social tenancy agreement can live in a non-privatized property estate. One person can enter into an order, and all subsequent residents will be included automatically.
That is, everyone who is registered in this premises has the right to reside in the territory in question. This right remains with them even if the tenant dies. Persons can live in a state apartment as long as at least someone is registered in it.
If a family lives on a non-privatized territory, but none of the family members are registered there, then formally this apartment is considered empty. That is, if the municipality comes with an inspection and finds people in the apartment, then the employees have the right to either evict the residents or register them. If it is not possible to evict a family on a voluntary basis, then their future life is decided through the courts.
Can a mother register with her child without the consent of the apartment owners?
Can I (mother) register with a child (6 years old)? Do I need the consent of those registered in this apartment or the owner? July 21, 2020, 21:08, question No. 1322246 Natalya,
Moscow
- , , , , , , , ,
Collapse Online legal consultation Reply on the website within 15 minutes Answers from lawyers (6) 9419 answers 2154 reviews Chat Free assessment of your situation Yusupov Azizbek Lawyer,
Moscow Free assessment of your situation
- 9419 replies
- 2154 reviews
No you can not. And in. The child can move in with you.
But there is an exception to your question with the peculiarities of the Civil Code of the Russian Federation: Article 36.
Fulfillment of their duties by guardians and trustees2. Guardians and trustees of minor citizens are required to live together with their wards. Separate residence of a guardian with a ward who has reached the age of sixteen is permitted with the permission of the guardianship and trusteeship authority, provided that this does not adversely affect the education and protection of the rights and interests of the ward.
July 21, 2020, 21:17 0 0 1908 replies 589 reviews Chat Free assessment of your situation Lawyer, St. Petersburg Free assessment of your situation Can I (mother) register with a child (6 years old)?
Do you need the consent of those registered in this apartment or the owner? Natalya No, consent is not required, only the consent of the second parent must be, Decree of the Government of the Russian Federation of 1995 No. 713. July 21, 2020, 21:26 0 0 3793 responses 1064 reviews Chat Free assessment of your situation Lawyer, Moscow Free assessment of your situation Owner's consent is required July 22, 2020, 09:24 0 0 530 responses 126 reviews Chat Free assessment your situation Lawyer, Mr.
Omsk Free assessment of your situation Hello.
Your move-in is possible only with the consent of the owner of the premises.
Neither the norms of the Family Code of the Russian Federation nor other legal acts contain rules that allow a legal representative in a particular case to move into a residential premises without the consent of the owner. “Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ (ed.
dated July 29, 2017) (with amendments and additions, entry.
in force from 08/10/2017) Art. 301. The owner of a residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by this Code.2. The owner of a residential premises has the right to provide possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a lease agreement, a contract of gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds, taking into account requirements established by civil legislation and this Code. August 08, 2020, 07:15 pm 0 0 959 replies 245 reviews Chat Free assessment of your situation Lawyer, city.
The mother and son are registered to re-register the apartment after the death of the mother
It is recognized, until otherwise proven, that the heir has accepted the inheritance if he has performed actions indicating the actual acceptance of the inheritance, in particular if the heir: has taken possession or management of the inherited property; took measures to preserve the inherited property, protect it from encroachments or claims of third parties; made at his own expense expenses for the maintenance of the inherited property; paid at his own expense the debts of the testator or received funds due to the testator from third parties. Article 1154. Time limit for accepting an inheritance 1. An inheritance may be accepted within six months from the date of opening of the inheritance.
If an inheritance is opened on the day of the expected death of a citizen (clause 1 of Article 1114), the inheritance can be accepted within six months from the date of entry into legal force of the court decision declaring him dead. 2. If the right of inheritance arises for other persons as a result of the heir’s refusal of the inheritance or the removal of the heir on the grounds established by Article 1117 of this Code, such persons may accept the inheritance within six months from the date on which their right of inheritance arises.
We recommend reading: Amount of disability pension for group 2 in Belarus
Register with your mother
- Is it possible to register a child with his father without the mother’s consent? We are married.
- Can a daughter and her child register with their mother?
- Is it possible to register a child with his mother without the father’s consent?!
- How can I register a child with myself (the father), where to do this, do I need the mother’s consent.
- Tell me, can my husband sign my 14-year-old daughter out of the house and register her with her mother?
- Is it possible for my son to register with his mother in a privatized apartment?
- Is it possible to register a child (17 years old) with his mother without the mother’s consent?
If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Is it possible for my son to register with his mother in a privatized apartment.
1.1. Yes, my son can be assigned to a privatized apartment. 1.2. Hello! It is possible, with the consent of other co-owners (if any).
2. Is it possible to register a child with his father without the mother’s consent?
We are married. 2.1. Good morning!
A child can be registered either according to the mother’s registration or the father’s registration. 3. Can a daughter and her child register with their mother? 3.1. Hello, dear site visitor, a daughter and child can register with their mother if the mother is the owner of the property.
4. Is it possible to register a child with his mother without the father’s consent?!
4.1. Hello! The place of residence of children in the event of separation of parents is established by agreement of the parents.
In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children.
5. How can I register a child with myself (the father), where to do this, do I need the mother’s consent. 5.1. Hello! Contact the MFC; to register a child, you must have the consent of the other parent.
Good luck to you and all the best! 5.2.
Good afternoon. If you are the owner, in this case you can register the child with you, the mother’s consent is necessary. Have a nice pleasant day. 5.3. If the child is registered with the mother, then you cannot register him without the mother’s consent. And they are registered at the passport office, or the migration department of the police if there is no passport office at the place of residence.
Read answers (2) 6. Tell me, can a husband sign his 14-year-old daughter out of the house and register her with her mother? 6.1. Hello! To change the place of registration of a minor child, the consent of both parents is required, therefore it cannot be done without the consent of the mother. 6.2. Hello! Yes, if he is the owner of the house, he has the right to go to court with a statement of claim to remove his daughter from the registration register.
But the husband will not be able to register the daughter with the mother. The mother herself can do this. I wish you good luck and all the best! 7. Is it possible to register a child (17 years old) with his mother without the mother’s consent?
7.1. Hello, Sergey. Without the consent of the parents, it is impossible to register a minor child even at the place of registration of the mother. All the best to you. 7.2. Without the mother's consent, you will not register the child at her place of residence.
Legal consultation online 9111.ru
2.3. If you can agree, negotiate; if not, resolve the issue of the child’s place of residence in court.
3. My father’s brother is registered in my grandmother’s apartment (that is, with his mother). My father has not had a permanent registration all his life, I am his daughter all my life, that is, I have lived for 19 years without registration, is it possible to somehow register in my grandmother’s apartment? My father has no property.
3.1. Registration at the place of residence is possible only with the consent of the owner of the residential premises, that is, the grandmother.
4. I have a 2/3 share in a four-room apartment, and another owner has 1/3. Now this owner wants to give some part to his minor granddaughter, can the granddaughter register for this share, and her mother also wants to register here for her minor daughter. Moreover, the granddaughter already has property in another apartment, where she is currently registered.
4.1. The granddaughter will be able to register, since she is the owner. BUT the mother will not be able to register with her, since the child’s right of use does not give the right of use to the parent.
In addition, the minor herself must be registered with her parents and she will not be able to simply register alone.
4.2. The mother will not be able to register without your consent, just like a minor (under 14 years old) without parents. There will be one problem for the owner - the minor’s share cannot then be sold without the consent of the guardianship authorities. Well, moving in a minor is impossible without a parent (mother/father), and moving in a parent is impossible without the consent of all owners.
5. My brother died, my mother was left alone. Can I register with her before she inherits?
5.1. If the apartment was the property of the brother, then you cannot.
6. I have a question for you. My mother has 2 rooms. Apartment in the apartment is registered as a single mother, mother is 99 years old, I have been looking after her for many years and live in her apartment, but I am not registered there, it is municipal, I am registered in a barracks, but I can’t live there, I want to register with my mother, but my mother is not able to do something He doesn’t see me sign and doesn’t go, what should I do?
6.1. You can call a notary at home and he will certify your mother’s consent to your registration. There are notaries who travel. Or in court to resolve the issue of custody.
6.2. You can try to resolve the issue through a notary, by calling him to your home. If the notary decides that your mother is adequate and capable of understanding her actions, he will issue the document. But first, go to a notary for a consultation, it’s free.
7. The husband is registered in a 60 sq. m apartment together with his mother. He owns 1/3 share of this apartment. Can he register his own share and register his wife and child with him? Isn’t this considered a deterioration in living conditions, that it was registered in the entire apartment, and then transferred to the share? Thank you.
7.1. He can register himself and the child, you only with the help of other co-owners. And they register in the apartment, and not on a share.
7.2. Registration, in itself, does not give rise to any rights or obligations in relation to this residential premises. And it always happens in some room, and not in its share.
8. The mother was deprived of maternity when the girl was 17 years old. The father and mother had not lived for a long time and decided to take the girl with him, registering her. Now she is already 27 years old, and she does not live with him. Can he discharge her if she has no place else to register and lives in rented housing? The mother is also homeless, registered in a no longer existing hostel. The girl did not receive housing as an orphan, because her father took her, but did not help her in the future.
8.1. If the father is the owner of the residential premises, he can remove his daughter from the registration register only in court, recognizing her as having lost the right to use the residential premises.
9. Please tell me, I got married, my husband is registered with his mother, can I register with my mother-in-law, her house is not registered, thank you in advance.
9.1. is possible only with the consent of the owner of the residential premises, i.e. with the consent of the mother-in-law.
10. Can I register with my mother / apartment in equal shares of 1/2 / I was previously registered there.
10.1. If you are the owner of 1/2, then of course you can register in the apartment. You do not need your mother's consent.
11. I am pregnant now, I have a registration stamp in my passport, but it is not valid, since that house was sold to other people a long time ago. I have no place to register. What will happen if this fact is revealed? After all, they always ask at the hospital and in consultations for registration. In addition, I still don’t work anywhere and will fill out documents as a single mother.
11.1. Lyubov. As long as you have not been deregistered, you can absolutely safely indicate this address everywhere, regardless of the fact that the house has been sold to someone. Deregistration if you do not do this yourself (and if you do not have temporary registration) can only be done in court - Decree of the Government of the Russian Federation of July 17, 1995 N 713.
Happy upcoming you!
12. I live with my grandmother (no mother, stateless father) in municipal apartment 2. Besides me, my grandmother, aunt, and sister are registered. My aunt gave birth to a child and abandoned her in an orphanage (my aunt has not lived with us for 5-7 years). My cousin registered automatically. Is it possible to do so so as not to live with her in the same apartment (you understand, a stranger will irritate me and my grandmother)
12.1. Can you clarify who is the owner of this apartment?
13. I am registered with my mother, but I live in a house with my family, which my father bought and gave me as an inheritance. Now my wife, my son and my wife’s daughter are registered in it. Can I also register in this house so that they can’t kick me out, otherwise, in my opinion, this is what everything is heading towards.
13.1. If you have inherited and are the owner of this house, then no one will kick you out. And you can register without any problems.
Consultation on your issue, calls from landline and mobile phones are free throughout Russia 14. My husband’s brother died. My brother's daughter is in a hurry to register. She wants her husband to register in the apartment on his share. The share was inherited from the mother. But she does not give away the inheritance documents. For 3 years now he has not been able to write a donation of his share to his children because... We need documents on the inheritance of his share. He doesn’t give me the documents, but he wants him to register. What's the catch?
14.1. Tatyana, contact a notary and get a duplicate of the certificate after the death of your mother.
15. Do I have the right to register permanently with my husband and register my n/l daughter with him if his n/l son is registered in the apartment and he is the owner. Our common son, who has no property, is also registered in the apartment. Is it possible for us to register without taking into account the consent of the mother (husband’s ex-wife), as a representative of the owner’s son’s n/l. And the father is also the legal representative of the n/l actually.
15.1. You can register only with the consent of the owner.
16. The child was registered with his father and grandmother. This house was demolished and my grandmother was given a new apartment. She doesn’t want to register her grandson in the new apartment. The child’s mother also does not register him with her because she wants to register him with his grandmother. Grandma doesn't agree. And the father of the child cannot register with the grandmother because they said that without the child they will not register him there. What to do?
16.1. According to the general rule, Part 2, Art. 20 of the Civil Code of the Russian Federation, the place of residence of minors under fourteen years of age is recognized as the place of residence of their legal representatives, i.e. parents.
The grandmother is not required to register the child at her place of residence, since he has a mother and father. Parents must take care of registering their child.
In this case, register the child at the place of residence of the father or mother.
17. Komsomolsk-on-Amur, Khabarovsk Territory, Alexey: in my village there has been an abandoned apartment for 15 years, the owner died, my son’s apartment was taken away for debts, there are no windows or doors in the apartment, all communications are cut off, can I leave my mother and register there? and restore the apartment, who should I contact.
17.1. Contact the village administration with an application to buy the apartment by restoring communications and repairs.
18. This question is written in the village in the mother’s house, now they live in the city, got married, live in my wife’s apartment. my mother asks me to be discharged and registered with my wife, allegedly, while I am registered with her, social services will not visit her. I’m afraid that he’ll suddenly file for alimony or something else, but my wife and I have a child and I have a big loan. Interested in social media? service, whether they will go to it or not. Traveling to it is expensive and 3 hours one way, 150 km. Her pension is about 10 thousand.
18.1. Registration is not a right. And it is the duty of a citizen to comply with migration laws, which you have long violated. The mother's rights to file child support do not depend on where you are registered. But the social protection may be refused to attach social services. worker to care for a pensioner living alone, TK. legally she lives with her son.
Perhaps the issue will be resolved by temporary registration with the wife for a year.
19. The father filed a lawsuit to evict his adult daughter from the living quarters; this is the daughter’s only place of residence and she cannot register with her mother; how to win the case.
19.1. It does not matter. That she has the only place to live. If he is the owner, he has the right to evict (there are exceptions, but you need to know the circumstances of the case)
19.2. you need to write an objection because in accordance with Art. 31 of the Housing Code of the Russian Federation, the daughter has the same right to live in this apartment.
Article 31. Rights and obligations of citizens living together with the owner in residential premises belonging to him 1.
Family members of the owner of residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner.
Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family. 2.
Family members of the owner of a residential premises have the right to use this residential premises on an equal basis with its owner, unless otherwise established by an agreement between the owner and members of his family. Family members of the owner of a residential premises are obliged to use this residential premises for its intended purpose and ensure its safety.
19.3. Hire a lawyer, he will come up with a solution after studying the case materials.
20.1. A daughter and child can register with their mother if the mother is the owner of the property.
21.1. Unfortunately, without the consent of the mother, you will not be able to register with your husband, since the current legislation provides for the consent of all those registered. Sincerely, STANISLAV PICHUEV.
21.2. If the apartment is owned under a social tenancy agreement, then the written consent of all members of the tenant's family, as well as the tenant himself, is required for the occupancy of a third party.
22.1. If the apartment is municipally owned, then a mother can register with her children only with the consent of all registered tenants. If I have fully answered your question, I am happy to help you! You can use the services of a website lawyer to solve your problems.
22.2. If the apartment is municipal, then you can register in it only with the consent of everyone who is permanently registered in the apartment.
22.3. Unfortunately, without the consent of all persons registered in the apartment, the mother cannot be registered with the children. Good luck and all the best.
23.1. Until my last 18th birthday.
23.2. If children are adults, they can register only with the consent of all owners.
24.1. no benefits are lost. Ask your question in more detail, otherwise it is not entirely clear what you mean.
25. Register your son with his mother in a private house.
25.1. Register - what's the problem?
26. Can a mother register with her daughter through the court? 27. Can I (daughter) be my mother’s guardian and register in her apartment?
27.1. Only with the consent of the guardianship and trusteeship authority.
28. Can I, son, register with my mother? The apartment has been privatized. ?
28.1. Yes, with the consent of the mother you can (if there are no other owners)
29. Is it possible to register with your mother for a share without the consent of other shareholders?
29.1. The consent of all owners is required.
30. Can I register with my husband in the hostel? His mother is the tenant.
30.1. With the consent of all residents, you can register.
Source: https://www.9111.ru/%D0%BF%D1%80%D0%BE%D0%BF%D0%B8%D1%81%D0%BA%D0%B0/%D0%BF% D1%80%D0%BE%D0%BF%D0%B8%D1%81%D0%B0%D1%82%D1%8C%D1%81%D1%8F_%D0%BA_%D0%BC%D0% B0%D1%82%D0%B5%D1%80%D0%B8/
I want to register my mother in my apartment, what documents are needed?
The apartment has been purchased, the purchase and sale agreement has been signed, and an application for confirmation of ownership has been submitted to the registration chamber. What to do next? Is registration required in the purchased home?
How can a homeowner register a residence permit in his apartment? Why is registration necessary? Government Decree No. 713 regulates the standards for registering citizens at their place of residence.
Based on this law, citizens who received residential premises through purchase, exchange, inheritance or gift are subject to registration.
At the same time, purchasing an apartment does not oblige a citizen to register in it. Moreover, one person may own several residential premises, but there is no need to register in each of them, since registration is carried out only at one address. Along with the application, submit:
- departure slip (if the prescriber checked out in advance);
- passport of the person registering;
- passports of apartment owners;
- certificate of registration of the right to an apartment;
- notarized power of attorney (if any);
- those registering must present a military ID and a letter of registration, which is taken in advance from the military registration and enlistment office (for those liable for military service).
- application of the person registering for registration (if certified in advance by a notary);
- On the appointed day, pick up your passport with a stamp confirming registration at your new place of residence.
- Based on the applications, the registrar will check the presence of all owners and the attached documents.
Next, he will take the passport of the person registering and set a deadline for receiving it (3-7 days).
The procedure for registering a person in an apartment without his presence The law stipulates that without the personal presence of citizens it is impossible to register or deregister anyone (Art.
31 of the Decree of the Russian Federation). But it happens that you need to register, for example, a sick or elderly family member who needs care, but cannot walk around the offices independently. In this case, the instructions are as follows:
- You can issue a power of attorney to perform actions on behalf of the person registering in order to go to the offices for him.
- To begin with, the prescriber, if he is registering in another city, must be discharged from his old place of residence, but if in the same city, then he must be discharged. Above is a link to a detailed article about deregistration (deregistration) if located in another city.
To do this, you need to draw up not a general power of attorney, but a special or one-time power of attorney from a notary. You can also call a notary where you need it, for example, invite it to your home (paid service).
Attention He will attest to the application that is completed by the prescriber.
The form and sample will be provided by the notary. If the person is blind or has limited mobility, write the application for him.
If a person cannot sign the application on his own, then a so-called handicapper is invited (Article 160 of the Civil Code), whom the patient will ask to sign the document for him. It could be any neighbor or acquaintance.
Detailed instructions for registering a person in your apartment in 2020
Registration procedure: To begin with, if a person registers in another city, then he needs to register from his old place of residence; If you are registered in the same city, then you do not have to register.
- Next, all adult apartment owners and those registering need to contact the passport office of their management company (housing and communal services, housing management, HOA) or the Federal Migration Service, where everyone needs to fill out an application (form No. 6) according to their own sample - the owners have an application for consent to registration, and the person registering intention to register and check out from your previous place of residence (to do this, you need to fill out a tear-off coupon at the bottom of the application about deregistration from your previous place of residence, if you haven’t checked out in advance).
Here are detailed instructions for checking out while in another city.
Can a son register his mother in his apartment without her presence?
In this case, the consent of third parties may be required; this requirement is specified in the bank mortgage agreement. Basically, this issue is resolved by a credit institution. In any case, when the legal representatives are asked to register a minor child without the consent of the owner, they must be guided by the interests of the child. In controversial situations, the court will be involved.
It is possible for a child to be registered at the father’s place of residence without the consent of the owner. This is true in the case when a baby is born to citizens who have not registered their marriage. In this case, information about the father must be entered in the child's birth certificate and the register of the registry office.
Thus, if there is evidence of relationship with the father, then the child can be registered with him. The content of the article:
- Registration of a person in his apartment, which is privately owned
- Registration of a person without his presence
- Registration of a person in a municipal apartment
Registration of a person in his apartment, which is privately owned. The owner, who owns the apartment individually, has the right based on the law to register anyone in it, without regard to sanitary and registration standards of residence (Chapter 5, Article 30, paragraph 2 of the Housing Code code).
Registration procedure:
- To begin with, if a person registers in another city, then he needs to be discharged from his old place of residence; If you are registered in the same city, then you do not have to register.
The situation with temporary registration is the simplest for the owner, since the child is also registered temporarily, for the period of registration of the spouses. After the specified period ends, the entire family is deprived of temporary registration.
In this case, you can discharge a minor child, but in a controversial case, the matter will have to be resolved in court. Temporary registration If a married couple is temporarily registered in a residential area and they have a child, then he also receives temporary registration.
Such events pose no threat to the apartment owner.
In any case, you won’t have to share the apartment. Residents who have temporary registration do not have any rights to own the area. At the end of the temporary registration, the child must vacate the premises together with his parents.
Registration at an address gives a person the right to live there and use utilities, paying for them regularly.
Important But at the same time, the process itself requires the participation of both parties.
The way out in this situation is the right of citizens of the Russian Federation to transfer their powers through notarized powers of attorney.
In order to correctly draw up such a paper, you should initially contact the FMS and inquire about the possibility of registration by power of attorney.
Info After this, you can contact a notary company or call a specialist to your home.
Also, if a citizen cannot sign on his own, then an additional hand-applyer is invited. A sample power of attorney from the owner for registration is here.
Time frame and cost Registration registration gives citizens many privileges.
Can a mother expel a child from an apartment - Legal advice from leading lawyers
If you need assistance of a legal nature (you have a complex case and you don’t know how to fill out documents, the MFC unreasonably requires additional papers and certificates or refuses them altogether), then we offer free legal advice:
- For residents of Moscow and Moscow Region - Ext. 355
- St. Petersburg and Len. area – Add. 525
It is easiest to discharge a person from an apartment provided that he is capable, financially secure and does not mind being discharged. When you intend to discharge a minor or dependent, be prepared for the failure of your plan.
It will be possible to achieve the desired result only with significant, and at the same time legal, expenses on your part.
And only through the court, if the relative being discharged is a minor, it is unknown where he has been for many years, or he actually lives in another place, but does not make contact. Can an apartment owner sign out a registered relative?
The rights of minor children on the territory of the Russian Federation are strictly protected by law. Any actions that infringe or violate their rights are impossible.
I am 23 years old. My own mother wants to sign me out of the apartment where I am registered and live with my brother, grandmother and stepfather.
On the possibility of his mother expelling his son from the apartment without his consent
In practice, questions often arise as to whether a property owner can deregister a relative or stranger, including whether a mother has the opportunity to sign her son out of her personal apartment without his consent.
The procedure for resolving the issue requires an individual approach, since often in such disputes the constitutional right of the property owner to independently dispose of his property and the guarantee of each citizen for social security collide, especially with regard to minor participants in disputes.
Questions about how to expel your relative, including your own child, from an apartment after he or she reaches the age of majority are regulated by both the civil code and the family legislation of the Russian Federation. Therefore, unfortunately, the possibilities of the property owner are significantly limited by the legislator.
If the cohabitant has personal consent to move out, then no additional problems will arise. The parties only need to contact the Federal Migration Service to write applications from the parties to carry out the procedure.
The participation of minors in this situation requires a slightly different approach. In the age period from 14 to 18 years, children can make decisions about residence and registration independently, but with the mandatory participation of their parents.
Therefore, in order to avoid the possibility of parents abusing parental rights, guardianship and trusteeship authorities are also involved in the procedure. It is almost impossible to remove an adult child from an apartment, since all children have guaranteed rights to use and dispose of family real estate on an equal basis with their parents.
Those grounds that are generally valid for biological and adopted children cannot be applied. If before the birth of a baby in the family, housing was privatized, then it is impossible to discharge the child from the house, since all citizens who officially lived on square meters at the time of completion of privatization have equal rights with the owner of the property.
In addition, there are restrictions under which parents under no circumstances can forcibly remove a child from the apartment from the register: At the same time, with regard to deregistration of an adult son, the mother and father have a number of opportunities to carry out a compulsory procedure.
To determine whether adults can cancel their child’s registration without his consent, it is necessary to establish the presence of one of the following conditions:. This is an exceptional list of features.
Also in a separate category of questions is the algorithm for de-registering a mother and baby together, for example, after a divorce.
All controversial situations are resolved only with the involvement of the judiciary, and therefore the interested person prepares a petition to the court, and also collects the necessary documents and evidence.
The court makes a decision after the hearing based on material evidence, as well as the testimony of all parties.
The court is one of the bodies that makes decisions on the merits, but does not participate in the collection of evidence, so the obligation to provide documents falls on the shoulders of interested parties.
And the final decision of the judge will depend only on the completeness of the package of papers. Thus, the main documents necessary to discharge a child from the parents’ home include:. A special list of documents is formed depending on the individual situation and may include:.
If the main argument for revocation of registration is antisocial behavior and regular disturbance of the peace of neighbors, then you need to: Plus, when making a decision on a dispute, the court analyzes the defendant’s solvency and his ability to independently pay for rented or personal housing, so it would not be a bad idea to obtain a certificate of the defendant’s income.
https://www.youtube.com/watch?v=Zw8JvuM4A8I
As practice shows, such disputes rarely end in the satisfaction of claims, since as arguments the defendant can rely on the lack of work, studying in higher educational institutions, which does not allow him to find a job, being a minor or poor health. Therefore, the property owner needs to be patient and have a reliable baggage of evidence and arguments.
Extract About the possibility of the mother expelling her son from the apartment without his consent.
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:. No ratings yet.
The procedure for leaving an apartment and registering in another. Is an extract required for temporary registration? The nuances of checking out of an apartment if there are debts to pay rent.
The procedure for deregistration at the place of residence.
Can a mother expel her adult son from her apartment?
Consent to the processing of personal data. Personal data processing policy. Legal consultation. lawyers Order a document Search for answers Directory of lawyers. Questions and orders.
How to register a child's mother as a shareholder without the consent of the owners?
The transaction itself of donating a part of the share to you does not require the consent of other owners.
April 23, 2020, 11:35 Was the lawyer’s response helpful?
+ 0 — 0 Collapse Similar questions
- December 22, 2020, 08:44, question No. 1853538
- 11 August 2020, 23:02, question No. 1721834
- February 20, 2013, 00:04, question No. 47273
- June 22, 2020, 11:48, question No. 1675137
- June 28, 2020, 12:43, question No. 1297841
See also Pravoved.ru In the mobile application and Telegram, lawyers answer faster and the answer is guaranteed even to a free question! which operates the website and provides support for customers (registration number 1187746238536, 143026, Moscow, territory of the innovative center Skolkovo, Bolshoy ave., house 42 building 1, floor 0 room 150 office 5)
When?
After receiving the baby's birth certificate, you need to register. There are regulated periods during which parents are required to register the baby at their place of residence.
According to regulatory documents, this must be done within five working days from the date of issue of the baby’s birth certificate.
At the moment, the rules are not so strict and therefore an insignificant missed deadline is not a significant violation; many officials do not focus too much attention on this violation.
Please note: you must comply with the deadlines established by law to avoid a fine and the collection of additional documents.
If the deadlines provided for by law are missed significantly, certain sanctions may be used against negligent guardians. The fine is 2000 – 2500 rubles.
If there was a significant reason that prevented the procedure from being completed within the prescribed period, and there are supporting documents, the fine may be canceled.
Without father's consent
Sometimes various situations happen in life, and it becomes necessary to register a minor with his mother.
Let's consider the most common case.
A baby is born in a civil marriage; for this reason, the father is indicated in the required column on the birth certificate.
After which paternity was recognized by the relevant official bodies.
However, a conflict situation arises in the family life of this couple, and the mother decides that the marriage has failed and breaks up with her common-law husband.
At the passport office, when she went there because it was impossible to obtain the necessary government assistance, she was told that the teenager was not registered with her. The question arises, what to do in this case?
First of all, professional legal assistance is required. If the issue can be resolved, then you just need to get the father’s consent to register the baby at the mother’s place of registration.
In the event of a conflict and the parties’ unwillingness to make contact, an appeal to the court is required, where the mother’s application will be considered. It is recommended to indicate in the application to the court that all expenses are borne by the father.