How to register a person for an apartment in shared ownership?

Registration required

Registration, which is more often called propiska among citizens, is a notification from the state about the address at which a person intends to reside permanently. At the same time, there is a fundamental difference between these two concepts, but today they are interchangeable.

In accordance with current legislation, every citizen of Russia must register, and in particular, this obligation is spelled out in Government Decree No. 713.

The need to register is provided for by the need to create conditions in order to fully realize the rights of all citizens, as well as fulfill their obligations to the state and other persons.

Rules of law

Freedom of movement and choice of place of residence is provided for by current legislation, and in particular, it is spelled out in the Constitution, which makes it absolutely guaranteed. At the same time, the procedure in accordance with which citizens are registered at their place of residence is established by Law No. 5242-1, issued on June 25, 1993.

The obligation of citizens to be assigned to a specific place, that is, to have permanent registration, is indicated in Government Decree No. 713, which was issued on July 17, 1995.

The concept of shared ownership of real estate is established in accordance with paragraph 2 of Article 244 of the Civil Code, and the responsibility that is imposed on citizens in the absence of registration is specified in Article 19.15.1 of the Code of Administrative Offenses.

Certificate

When registering temporarily, a certificate is issued, the form of which is specified in the Administrative Regulations of 2012 .

A sample of such a document is presented here.

Permanent registration is issued in the form of a stamp from the Federal Migration Service in a citizen’s passport or document of a foreigner (stateless person).

How you can get a position without registration is written in the article: Is it possible to get a job without registration. Details about how much registration costs are written here.

Do you want to know which labor exchange to contact at your place of residence or registration? Read about it here.

Registration in shared ownership

The current legislation does not include any mandatory conditions regarding the fact that registration is provided only for any real estate that has only one owner, since in the vast majority of cases the privatization procedure for municipal property provides for the registration of several owners at once. The same type of ownership sufficiently appears in the event that real estate is given as a gift or an item of inheritance.

Common property also appears if a family buys its own home using funds received from maternity capital. Thus, it is possible to register a property that is in common ownership, but to do this, several important subtleties will need to be observed.

On the possibility of registering a person in an apartment without the consent of other homeowners

For the temporary registration of a child, the consent of the registered owners is also not required. It is necessary to register if the family stays in another city for more than 90 days. Please note that when renting housing under temporary registration, you can stay in another place for up to five years. If the spouses have a child, then he will need to be sent to kindergarten or a general education institution. And for this you need at least temporary registration, for which it is not necessary to have shares in the home.

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We have already sorted out the question of whether one of the owners of a home can register an identity without the consent of the registered owners. Now it’s worth remembering what documents are required in order to carry out this procedure. Again, you should not start only if it is permitted by law not to ask permission when there are at least 2 owners.

Registration in an apartment in shared ownership

Registration in an apartment in shared ownership for non-owners has a number of nuances. This is due to the special legal regime of such an apartment.

The law states that the disposal of housing, including the decision to register new residents in it, is carried out jointly by all owners.

However, none of them has an advantage, even if its share is larger than the others.

In a private house

Registration in a private house, which is owned by several citizens, depends on how exactly it is divided:

1. If everyone owns an isolated room with a separate entrance, analogous to an apartment, then you don’t have to ask the consent of your neighbors.
2. If the house is divided only into shares, without specifying specific premises, then obtaining consent is necessary.

Without agreement

Without the consent of all other owners, the owner himself can register in his living space. It does not matter which part of the apartment belongs to him and how many citizens are already registered.

For apartments that are privately owned, the standards for the provision of residential premises do not apply.

The second case when the consent of the co-owners need not be asked is when the child is registered with one or both parents.

Until the age of 14, until children receive a passport, they can only be registered at their parents’ living space. Even if other owners object to it.

Relatives

Registration of blood relatives, with the exception of children and spouses, requires obtaining the consent of all participants in shared ownership.

It does not matter whether a relative is such for all owners or not. But anyone can register their child with them without obtaining consent.

Spouse

If the apartment is divided into parts, as lawyers say, in kind, and each co-owner is allocated a separate room, then they can register spouses in it only at their own request.

But such an apartment is already communal.

And with ordinary shared ownership, in order to register a wife or husband as their share, the consent of all owners will be required.

Unauthorized persons

It is possible to register a stranger in an apartment in shared ownership. If you follow the main rule - obtaining the consent of all adult capable owners.

Registration does not give such a tenant ownership rights.

He can only live in the apartment and use utilities on the same basis as other residents.

Can a mother register the share of her minor son?

Permission for temporary registration is possible only with the consent of all owners. If the child’s father and his sister are against your registration, then, unfortunately, you will not be able to register for this living space. But if you actually live in this living space with your son, then in this case you can try to resolve the issue by going to court with a corresponding application. If the court makes a positive decision, you will be registered in an apartment at your place of residence.

How is an apartment divided into shares?

Can I kick my husband out of the apartment without his knowledge?

Answered by lawyer, K. Yu. n. Yulia Verbitskaya:

Unfortunately no. Indeed, according to the law, the place of residence of minors under fourteen years of age, or citizens under guardianship, is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

In your particular case, you can register a child for your living space without the consent of the shared owners, but, unfortunately, he, being a minor, will not be able to register you for his share. A child can be moved in with his mother or father without the permission of anyone, even the owner of the home, but not vice versa.

Thus, if an attempt to reach an agreement with the owners or tenants is unsuccessful, the mother will not be able to exercise her right to live where her son is registered. If permission is received from the owners, the mother has the right to register at the address where the child lives.

Lawyer Anna Slobozhaninova answers:

According to the current procedure, when registering at the place of stay, adult users or co-owners living together with the owner must express in writing their consent to the temporary residence of the citizen (clause 25.1 of the Administrative Regulations for the provision by the Federal Migration Service of the state service for registration of citizens of the Russian Federation at the place of stay and at place of residence within the Russian Federation). Without these consents, the Ministry of Internal Affairs will refuse registration at the place of stay.

Is it possible to remove one of the owners from the apartment?

How to transfer an apartment from shared ownership to sole ownership?

You can try, if technically possible, to sign an agreement between the co-owners on the allocation of the existing shares of the apartment in kind, that is, room by room, and register it. In this case, each owner will own a separate premises (room), and the consent of the owners of other rooms for registration at the place of residence of a citizen in a specific room will not be required.

If it is not possible to reach the above agreement on the division of the apartment, then the legislation proposes a judicial procedure for satisfying the demand of one of the co-owners to allocate his share in the apartment in kind.

Is registration (propiska) required in Russia?

The main legal act reflecting the features of registration of citizens of the Russian Federation is Law No. 5242-1 of June 25, 1996 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” (hereinafter referred to as the Law). According to Art. 3 of the Law, Russian citizens are required to register at their place of temporary residence or place of residence. Control over the implementation of registration is entrusted to the internal affairs bodies.

Where can I register?

Registration at the place of residence implies a link to a property located at a specific address. According to Art. 2 of the Law, such an object can be a residential premises . According to Art. 15 of the Housing Code of the Russian Federation, the “residential” category includes isolated real estate suitable for living in accordance with sanitary and technical standards. From this point of view, a share in an apartment is an object suitable for registration.

Temporary registration at the place of residence is possible in any premises that are suitable for residence and serve as a place of temporary residence for a citizen, even if it is not residential.

This includes:

• hotels;
• sanatoriums, holiday homes, boarding houses, tourist centers, campsites;
• health care organizations;
• places of detention.

You can also temporarily register as a shareholder in an apartment if living in it is temporary.

Deadlines for mandatory registration, liability for violation

Registration deadlines are established by Art. 5, Article 6 of the Law:

In order to avoid liability for violation of the law, it is in the interests of the owner and the occupant to resolve the issue of registration within the established time frame (see “How long does it take to register?”).

Does a husband have the right to register his wife without the consent of other owners?

Registration of a child is mandatory for a kindergarten or school, and receipt of social assistance is tied to it (according to Article 20 of the Civil Code of the Russian Federation, a minor must be registered at the place of registration of the mother (father)). The need to register temporarily most often arises when renting housing for a period from 90 days to five years.

Just 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.

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Joint ownership of an apartment by spouses, how to register

If housing is transferred to a legal entity, then it can use the residential premises only for citizens.

If an agreement between the owners is not reached, then they have the right to go to court, which must establish the procedure for paying for residential premises and utilities in proportion to the shares of ownership for each of the owners.

Participants in shared ownership are required to participate in the payment of taxes, fees and payments for housing and communal services in proportion to their share. They can determine who pays how much on their own, and if no agreement is reached, in the manner established by the court.

The possibility of forced payment of monetary compensation for his share is permissible by court decision in the case of the simultaneous presence of the following conditions: the share of the co-owner is insignificant, cannot be realistically allocated, the co-owner does not have a significant interest in the use of the common property.

Joint ownership of an apartment by spouses: registration, tips, examples

Housing is practically the most expensive asset that families own.

Depending on the financial situation of the future or existing family, different scenarios are possible both for registering real estate as joint property of the spouses and for its division in the event of divorce.

There is no need to argue about how to properly build relationships after a break in marriage.

In families built on true love and understanding, there is no urgent need to provide for all the nuances of property registration, but, as they say, forewarned is forearmed.

If there is a loving person next to you, then he will try to do everything so that his other half feels protected.

That is, all legal subtleties must be provided for and each spouse must be protected.

Since the times of the USSR, the Family Code has not undergone any significant changes, however, some interesting additions have appeared in it related to the nature of property; now there are practically no non-privatized apartments, as well as with marriage contracts and the civil form of marriage. It does not undergo changes in its original form relative to its owners.

After the divorce, your spouse will remain the owner of his apartment. To conditionally increase your share in real estate, you can introduce children as its owners when purchasing a new apartment. Thus, if you plan to live together with your spouse, you will need permanent or temporary registration.

If permanent, you can be discharged with your consent or if the apartment is sold through the court. If you are registered in the apartment temporarily, then the owner can discharge you if you do not have children under 16 years of age.

It is IMPORTANT to interpret the status correctly! Your living space is not joint property, it is a place where you live together. Your spouse has registered you in his living space temporarily as a lodger and is trying to get you out.

If you are married and there is no reason to be discharged, then you need to live separately by court decision. If you are divorced, you can be discharged in the summer if you have housing where you will live.

If you don’t have housing, then your official income should allow you to rent an apartment.

If there are children living in the apartment, it cannot be sold until the children reach 16 years of age, or they are provided with alternative living space. You will not be forcibly evicted during the winter. If you are not the owner of the property, you still have certain rights as a legal resident of the property.

Let's continue to describe the previous example, provided that you have children. The spouse cannot discharge the children. If it is established that the children live with their mother, then the amount of alimony should allow them to rent an apartment and live as a separate family.

The spouse often tries to establish that the children live with their father and resolve the problem. Provided that other family members live in the apartment, without a stamp in the marriage passport, your spouse can register you only with permission for registration from other family members.

If there is a defect, it is registered automatically at the passport office. Children born to a couple are also registered upon birth in the spouses' living space. Again, if there are children, the joint property of the spouses is not considered, and the inheritance of the apartment occurs from parent to child and is transferred to the management of the guardian.

If you lived with your spouse in his apartment without registration, you can establish the fact of a civil marriage in court, in which case you will not be able to be discharged.

The right to inherit real estate in a civil marriage is defined quite vaguely in the law, so you should not count on such an outcome. The father's heirs are his wife and children; in these cases, you can receive an inheritance in the event of the death of your spouse.

Even if you do not have registration in the apartment, you can prove the fact of a civil marriage, joint housekeeping and residence for a long time.

You have certain rights to live in the apartment and some inheritance rights. If there is no other living space, you cannot be forcibly evicted. All rights become invalid when the owner changes, that is, the apartment is sold.

This is possible provided that the clauses of the contract do not contradict current legislation.

This option of receiving real estate by gift repeats the first example, except that this real estate can never be divided. However, it can be sold, inherited or donated.

All options are generally regulated by the Housing Code.

A deed of gift can be canceled in court if it is proven that it was made illegally or the life circumstances of the donor have changed.

All real estate and property acquired during marriage is considered marital property, unless otherwise specified in the marriage contract, if any. This is the defining dogma of the Family Code. Heirs of real estate are also children born in marriage or who have proven their relationship.

There are very specific rights that must be respected by spouses.

Of course, if the case of property division is complex - that is, there is a lot of property and there is a conflict of interest, then the help of a professional lawyer is desirable.

But the rights that you and your spouse have to the community property outlined in this material are very clearly defined. We hope that the material may be useful to you or someone you know if necessary.

You can also leave comments or ask a question to a specialist on our website. Joint ownership of an apartment by spouses: registration, advice, examples. registration of a new building, joint ownership. Portal Specialist. Also viewed with this article:. Leave a review about the article.

Every citizen of our country must register at some address. In Soviet times this was called propiska, and from October 1 of the year - registration at the place of residence.

Shared ownership: how to use and dispose of such housing

Common property is the ownership of a thing not by one, but simultaneously by two or more owners. Common property relations are characterized by a plurality of subjects of ownership of a specific object. In accordance with paragraph.

Consequently, with common ownership, shared ownership is the rule, and joint ownership is the exception.

Previously, the legislation on the privatization of housing provided for the procedure for the free transfer of residential premises into common ownership, joint or shared, of citizens living in them together in accordance with the concluded transfer agreement.

Common joint ownership of residential premises by spouses

The Civil Code establishes that all property owned by two or more persons belongs to them under the right of common ownership. There are two types of common property: joint and shared. The only difference between them is that in shared ownership the shares of each owner are clearly defined, while in joint ownership they are not, but this can be done.

One type of private ownership of real estate is shared ownership.

The size of shares is determined by agreement of the parties or by law, for example, during privatization, the number of shares is equal to the number of persons who have permanent registration in the apartment, provided that no one refuses to participate in privatization.

In accordance with modern legislation, owners of residential space have the right to live on it and dispose of it, within the framework established by law.

Registration as a concept

In Soviet times, the word registration meant registration of a citizen at his place of permanent residence. Now the legal concept of “registration” does not exist. It was replaced by registration accounting, which includes registration of a citizen at the place of permanent residence or at the place of his temporary stay.

Let's consider registration at the place of permanent residence (registration) in apartments with common ownership and in communal apartments.

State goals

The state registers citizens in order to have a complete understanding of their place of residence for the following purposes::

• formation of budgets at all levels related to population size;
• military registration;
• statistical research;
• search for alimony workers, criminals;
• imposition of fines;
• collection of taxes, etc.

Why does a citizen need registration?

• Firstly, so as not to break the law.
• Secondly, the benefit of registration is that it is associated with:

• all relations with the state (receipt of benefits, benefits, assignment of pensions, use of state electronic services, etc.);
• registration of children for school, kindergarten;
• medical service;
• getting a job and much more.

Registration provides citizens with the conditions to exercise their rights.

How can spouses better register ownership of an apartment when purchasing?

The protection of the property rights of each family member raises many controversial issues. The law establishes several ways to register real estate acquired during marriage. So that later one of the couple is not left with nothing, you need to figure out how best for the spouses to register ownership of the apartment, and choose the optimal mode.

Joint property

The norms of civil and family law apply to property relations between family members. According to Art. 34 of the RF IC, all property acquired during marriage is considered joint, regardless of which family member it was registered in the name of.

Art. 33 and art. 44 of the RF IC define 2 options for owning and disposing of common material goods:

1. Legal regime. It assumes that all property is the joint property of the spouses without determining shares. The right of ownership belongs to both, even if one of the couple had no income due to running a household, caring for children or for other reasons.
2. Marriage contract. Establishes the ownership and disposal of property by agreement. The document stipulates the most convenient method of ownership for both parties, for example, the official allocation of shares or registration of housing in the name of one of the life partners.

The common shared property of the spouses is divided into 2 equal parts. Since shares in kind are not allocated, it is considered that the husband and wife own the apartment completely and can only manage the housing jointly.

If an agreement regarding the ownership of the object is not reached, the legislation allows you to establish the procedure for using the residential premises or allocate equal shares for each owner. To do this, housing must meet the following requirements:

• established area per person;
• technical possibility of equal division.

Art. 39 of the RF IC speaks of the possibility of changing the size of shares in court. If technically the premises are indivisible, but are jointly owned, upon division one partner has the right to claim monetary compensation, and the other to full ownership of the property.

Although joint and shared ownership have some common features, the rights to dispose of property are not the same.

Buying a home while married

Before purchasing living space, a couple should consider how to divide it if necessary. This applies to situations where there is no agreement between husband and wife on financial matters.

Purchasing real estate during marriage assumes that both spouses receive equal shares in the property and the same rights of ownership and disposal. However, some nuances of the transaction can significantly reduce the share owned by one of them, and even completely deprive him of his property.

Read about the pitfalls of different ownership modes in the material “Buying a home while married.”

Options for registering real estate during marriage

There are three options: registration in joint or shared ownership and in the name of one of the spouses.

Most often, spouses register the purchased apartment as joint property. In this case, one owner is indicated in the documents, although in fact the housing belongs to both.

Less common is the registration of ownership of an apartment, indicating the shares and registering the rights of both the husband and wife.

In this situation, spouses manage their property independently, observing legally established restrictions.

We are talking, for example, about the impossibility of alienating part of an apartment without the co-owner renouncing the pre-emptive right to purchase. This rule even applies to husbands and wives.

What to do if other owners are against it?

The law obliges all participants in shared ownership to dispose of their property jointly. Including registering additional residents there.

So if it is not possible to obtain the consent of all owners for registration, then it will not be possible to implement it.

However, there are two ways out of this situation:

1. The first one is risky. Donate your share to a relative who needs to be registered. When donating, there is no need to ask the consent of the remaining owners and offer them a preemptive right. On the other hand, nothing will prevent the new owner from evicting the donor in the future.
2. The second one is long but reliable. If the share in the apartment is large enough, then you can try to divide the apartment into separate rooms. This is done through the court. If successful, the apartment will turn into a communal apartment. And then the owner will be able to register whoever he wants in his room without the consent of all other neighbors.

Can a husband register his wife without the consent of other registered

According to current legislation, registration in itself does not give rise to legal rights to housing and is not the basis for acquiring ownership rights; it is only a notification procedure. Therefore, the consent of the persons registered in the apartment for the owner to register his or her spouse is not required.

The answer to this question depends on what status the spouse has in relation to the housing in which he wants to register the second spouse, what form of ownership the apartment is in: municipal or private, and whether the registered persons are co-owners of the apartment or they do not have any rights to it.

27 Aug 2020 lawurist7 257

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Design features

The main feature of registration in such an apartment is the need to:

• obtaining written consent from all co-owners;
• their personal presence when submitting documents to confirm such consent.

However, one person can act on behalf of the owners. But he will need a notarized power of attorney.

Only in this case will registration in shared ownership be legal.

What documents should I prepare?

The package of documents for registration is standard. This:

1. Passports of the co-owners and the person registering.
2. A statement expressing the written consent of the owners and their signatures.
3. Owner documents for the apartment.
4. Power of attorney (if required).

How to write an application?

Despite the fact that there is a unified application form, in some regions a different sample may be used.

But in any case, the application must contain the following information:

• details of the applicant who is registering;
• apartment address;
• her status;
• basis for moving in;
• consent of all owners, confirmed by signatures.

Shares of the premises are allocated in kind

When shared ownership in an apartment or private house is not allocated to the owners on a conditional formal basis, but each share is separate and has:

• individual exit;
• separate bathroom;
• separate kitchen.

In this case, the owner who resides and has full ownership of such an autonomous territory has the right to register a citizen with him without the consent of other owners.

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