The head of the office "In Krylatskoye" "Miel - a network of real estate offices" Irina Berbeneva answers:
Regardless of whether the procedure for use is determined or not, the husband’s registration in this case will require the consent of other owners.
Shared ownership is common property. Therefore, any significant actions should be coordinated with other owners or resolved in court if consent could not be obtained.
Consequently, shared ownership in any case implies that the disposal and use of this property must be approved by the remaining owners.
The only situation where you do not need to obtain the consent of other owners is if a co-owner wants to register his minor child (or several of his children).
10 facts about joint and shared ownership of housing
What should you consider when buying an apartment with shares?
Registration of husband without consent of other owners
That is, in the absence of consent, only through the court. If the owner of the second share has already registered (with your consent or in another manner permitted by law) his relative or other person, then obtaining the necessary court decision is not difficult.
2. A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand appropriate compensation from other participants who own and use the property falling on his share.
Kirill Kokorin, Leading Legal Advisor at the INCOM-Real Estate legal service, answers:
When registering at the place of residence of persons who are not the owners of the residential premises, the will of all co-owners of the residential premises is required, that is, their written consent to register the citizen.
The procedure for using residential premises determined by the court allows you to use a specific allocated room, but does not give you the right to unilaterally make a decision on the move-in or registration of third parties, including your spouse, without the consent of other co-owners of the apartment. Such consent is not required only for the entry and registration of minor children.
Is it possible to register without the consent of other owners
In addition, you need to know and remember that registration in a residential premises only gives a person the right to use it, but does not give him the right to dispose of his living space. A person registered in an apartment, even with the consent of all home owners, cannot sell, donate or mortgage the apartment. Moreover, in cases where other people register there, his consent will not be required. However, if such a tenant has a child, he will still be registered in the apartment without the consent of the owners.
Interesting: Benefits for working veterans regarding income tax
Until 2013, the same rules applied to municipal or departmental housing located in social rent as for housing in shared ownership. Only minor children could be registered without the consent of the other adults living and registered in the apartment. However, these rules were revised at the initiative of the Ministry of Construction. Now, to register in social housing the spouse or parents of one of the tenants, the consent of the other tenants and the landlord is not required. A written petition with a request to register your close relative without the consent of the other residents is sufficient.
Lawyer Vitaly Stolyarov answers:
If the procedure for use is determined by a court decision, then for the final division of rights and obligations in the apartment, it is necessary to submit an application to the accounting department of the housing maintenance organization for the division of personal accounts. In addition, you need to fill out documents at the passport office and receive an F9 certificate only for your room. As long as the personal account remains single, and the passport office data indicates a single apartment, registration at the place of residence (stay), all calculations and accruals are carried out jointly by the co-owners, that is, your husband will not be registered without the consent of your neighbors.
How is an apartment divided into shares?
Registration at the place of stay and at the place of residence - what is the difference?
Register a wife or husband in a privatized apartment: how and whether the consent of the co-owners will be required
It all depends on the status of the receiving spouse. If he himself is the owner , then there is no need to ask anyone for registration of the other half - including the residents registered in this living space (Article 31 of the Housing Code). It doesn’t matter who registers with whom - husband to wife or vice versa.
After this, the husband or wife is issued a passport with a stamp indicating the new place of permanent registration, and if a temporary one is issued, then a corresponding certificate . The fact that a new resident has appeared on the square meters is reported in the house register. (You can find out how the rent will change when a new tenant registers in our article)
Interesting: What benefits do those rehabilitated have in 2020?
Can a wife register her husband without the consent of the other residents?
Registering a spouse in the spouse's apartment is quite simple. To do this, you need to visit the branch of the Migration Service to submit the appropriate application and documents, the list of which can be found in the Federal Tax Service itself.
Quite often the question arises: can a wife register her husband without the consent of the residents registered in the apartment and, conversely, does the husband have such an opportunity? If the wife is not the main tenant or owner, then the registration process is carried out exclusively with the permission of all registered persons.
If the apartment is not privatized, then permission to register a person must also be obtained from the municipality. The fact is that according to the law, you can register as many people in a living space as its square footage allows
. And the average per person in Russia is 10 square meters. meters.
If the total area of the property is 60 sq. meters, then it cannot accommodate more than 6 people
. The exceptions are children, parents and spouses of persons registered in the apartment.
Sample marriage certificate
The procedure for registering a wife with her husband
Registration of a spouse is voluntary. The RF IC prescribes the duty of a husband and wife to support each other financially. But there is no specific obligation to provide housing for spouses.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
+7 (Saint Petersburg)
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
The husband registers his wife solely at his own request, unless the apartment is their joint property.
Then the wife has the right to go to court and register in the apartment - if the spouse, in whose name the jointly acquired real estate is registered, does not consent to registration.
If a wife moves to live in her husband’s apartment or private house, she must be registered at her new place of residence. Registration of a wife with her husband is possible with the consent of the spouse and other adult family members registered in the apartment.
The issue of a spouse's registration may be of a moral and everyday nature. The husband's parents or other family members are sometimes against registering a wife.
If the spouse is not the owner of the apartment in which he lives, then he must obtain consent from the owner. The wife will be able to register only with the permission of the legal owner of the property. But no one is obliged to give such permission.
Does a husband have the right to register his wife without the consent of other owners?
There is one opportunity to register on the premises, which does not contradict current legislation. We are talking about when an adult citizen acts as the owner of shared property. Only in this case, a person can register in the apartment and the written permission of other property owners will not be required.
It’s not common, but there are difficulties associated with obtaining a residence permit for an outsider in a residential area. If in relation to relatives, owners usually do not fear legal consequences, then a stranger can become a real problem in the future. It is for this reason that citizens are interested in what rights a registered person receives to an apartment and what consequences this action may have for the owner and other owners.
30 Jun 2020 hiurist 134
Share this post
- Related Posts
- Can they describe the property if you pay off the debt?
- Payments to labor veterans of the Perm region in 2020 - registration through social protection of the population
- Benefits for Suvorovites
- What is the Pension of a 100 Year Old Man?
How to register or deregister a person from a privatized apartment
You can register in a privatized apartment only with the consent of the owner. At his own request, the title owner has the right to move in anyone, regardless of whether it is a relative or a stranger. The condition can be circumvented on the basis of legislation (for example, moving minor children into a privatized apartment) or a court decision (for example, in connection with determining the residential address).
According to the rule, after the divorce, the ex-wife loses her authority to use the apartment privatized by her husband and is subject to forced deportation, since the very fact of registering the marriage relationship does not automatically entail receiving a share.
Registration without the consent of all apartment owners
There are several options that are provided for by law, in which it is possible to register a person without the consent of other owners. First of all, we will talk about the owner of the share. When a citizen has a share in an apartment, then, of course, it is possible for him to register without the consent of the owner. This rule is provided for by current regulations. The presence of other owners will not matter here; this right remains with the person under any circumstances.
Since if there is an outside occupant, the co-owners are afraid of losing their share, and they do not want to give consent for registration. But in this situation, it is necessary to understand that such registration does not provide citizens with any rights to housing. In this case, the registered person does not receive part of the apartment. This is done only for the purpose of notifying the migration service about the citizen’s place of residence.
Is it possible to register a person without the consent of other owners?
A few years ago, the law prohibited the registration of other citizens in housing transferred under a social tenancy agreement. The same rules applied to shared real estate applied to such property. In other words, only young children could be registered on the premises without the owner’s permission.
The tenant's brothers and sisters, uncles, aunts, and grandparents are not subject to such rules. We are talking only about adult children, parents and spouses of the employer. Additionally, when registering, it is necessary to take into account current sanitary and social standards.
Registration in an apartment with shared ownership
As a consequence of the above, one of the most realistic ways to register a person when other owners are against it: to allocate a share in kind. Simply put, physically divide a house or apartment, create a separate exit, and so on. In practice, this is very difficult to implement. And if the situation with a house is simpler, since there you can literally literally divide it into several parts, then in the case of an apartment the only way is to turn it into a communal one. This is difficult and inconvenient for subsequent living.
Interesting: How to Register as a Syrian Combat Veteran Documents
This is the only category of persons who can be registered together with a parent without the mandatory consent of the other owners. Children under the age of 14 inclusive must be registered with their parents or guardians. This is a legal requirement, and it takes precedence over the opinion of the other co-owners.
