Is it possible to register a spouse without the consent of other owners?

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 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.

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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.

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.

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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?

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 136

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Registration process

Next, you will need to collect a package of documents, which includes:

1. Identity documents of both parties to the transaction.
2. Marriage registration certificate.
3. Papers confirming the right of ownership of living space.
4. Departure sheet.
5. Military ID (if you have military service).
6. Written consent of all co-owners, if any.
7. Statement.

After collection, you need to contact the passport office, the Multifunctional Center or the Federal Migration Service department, providing all the necessary documentation. If there are no comments, the spouse will be registered within one week.

If you contact the Federal Migration Service office, the registration process may take less time than usual.

The state fee for registration by citizens of the Russian Federation has not been paid since 2004 on the basis of Federal Law No. 127. For foreign citizens and stateless persons, this amount will be 350 rubles (Federal Law No. 221). The payment receipt must be attached to the general package of documents and submitted for review.

After the registration procedure is completed, the moving spouse will have a corresponding mark in their passport. It means that the person is registered at his place of residence.

If temporary registration is issued, a certificate confirming this will be issued. If a husband or wife becomes a co-owner of the other's share, a certificate to this effect is also issued.

Registration authorities may refuse to register one of the spouses in the living space of the other if the result of registration is an unacceptable reduction in housing standards, according to which:

• if there are more than three people in a family, each person has 18 square meters;
• if there are two people, then the total area should not be less than 42 square meters;
• There should be at least 33 square meters per person.

These figures may vary in different regions.

One of the documents required for registration is a registration application. This paper is issued by the Federal Migration Service of the Russian Federation when a person moves to a new place of residence. The application must be submitted, like all the documents described above, within 7 working days upon arrival at your new place of residence. Registration is mandatory. The documentation is in form number 6, provided for by the legislation of the Russian Federation.

The application must indicate:

• registration authority where you submit registration documentation;
• Full name of the citizen who will be registered;
• previous residential address;
• address of new place of residence;
• who provides a new place of residence, on what basis;
• passport details of the owner of the apartment and the wife who is moving into the residential premises;
• date of registration and signature.

Thus, registration of a wife in her husband’s privatized apartment is possible only under one condition - everyone living in this apartment agreed to this. Preparing a package of documents is not difficult, the main ones here are the following:

1. whether the apartment is privatized or not;
2. whether the husband is the sole owner;
3. how many people are registered in the apartment? Thus, according to the law, for a family of 3 people, 18 sq.m. is allocated for each person, and 42 sq.m. for two people. m., for one - 33 sq.m.

Important! If the registration of a spouse entails a reduction in these area sizes, the FMS has the right to refuse registration.

As a result, the procedure itself is not quite complicated; it is only important to collect documentation and obtain consent to live in the apartment.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Tags: wife, apartment, privatize, register

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Procedure

How to register your soulmate? First, you will need to prepare a package of documents :

• passports of those involved in the transaction;
• Marriage certificate;
• title papers for housing;
• departure slip;
• military ID (for those liable for military service);
• registration application;
• consent of all co-owners.

Next you will have to pay a visit to the housing department (passport office), the Multifunctional Center or directly to the police department.

It’s better to choose the last option - things will go faster.

If all documents are available and completed correctly, the procedure will take up to seven days .

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 entered into the house register.

. (You can find out how the rent will change when a new tenant registers in our article)

When registering for State Services, you fill out an application and upload electronic images of documents . After which you will be assigned a time to visit the nearest internal affairs department.

If the husband or wife is a new co-owner of the share , then the relevant papers are provided about this.

The statement of claim to the court (if the case has reached trial) is filed with the district court at the location of the responding party. Despite the apparent ease of the procedure, it is still better to seek advice from a lawyer specializing in housing law.

Thus, it becomes clear that registering a new family member is not as easy as it might seem . And in some cases a peaceful solution is impossible

. Then you need to decide what you want - to live in an unfriendly neighborhood and seek the truth in court, or to refuse registration for now.

Today, the institution of registration of citizens is quite popular due to gradually growing problems in this area - violation of the registration procedure, registration in non-existent apartments entailed close control by officials.

There are certain rules for a wife to register with her husband in a privatized apartment after marriage, but is it possible to do this without the consent of the owner?

After registering the marriage, the couple begins a family relationship and, of course, the next question arises: where will the spouses live? In such cases, there are several options for further accommodation:

• in the spouse's apartment;
• in his wife’s apartment;
• in a jointly purchased apartment.

But no matter what option is chosen here, the main question remains – registration in the apartment. Registering a wife in her husband’s apartment will not be particularly difficult; all you need to do is submit documents and write an application to the passport office.

It is worth noting one feature in the registration procedure. The fact is that when a couple gives birth to a child, it will be automatically registered according to the mother’s registration, so in this situation the woman’s place of residence is important.

But it’s worth first weighing the pros and cons so that this situation does not lead the couple to divorce, because often the husband’s relatives are against the wife’s registration in their apartment.

It is necessary to destroy all myths that after registration, the wife can sell the apartment or have ownership rights to it. In fact, this is not the case; registration only implies the right to reside in it, but does not in any way give the right to dispose of it and enter into transactions.

Registration in a privatized apartment: rights

What does registration give? After this procedure, a person receives the right:

1. Contact medical institutions at your place of residence.
2. Get a job in any organization without any problems.
3. Form an individual entrepreneurship.
4. Receive benefits.
5. Place your children in school or kindergarten.
6. Use the water supply, plumbing, and balcony (or loggia) available in the apartment. If the homeowner agrees, you can also use furniture and other items in the house.

However, do not forget that this does not give ownership rights.

How to register a spouse in an apartment and not stumble upon pitfalls

• application for registration (filling out the approved form);
• passports of the employer and the registered person;
• written consent of all residents of the apartment with the exception of persons under the age of majority;
• a copy of the order or social tenancy agreement;
• list of people leaving their old place of residence – if possible!

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If the employer is not a spouse, but, for example, one of the parents , then the spouse is registered under general conditions. The consent will be required , along with the approval of the accounting of social standards per resident.

How to register a wife with her husband in a municipal apartment

The concept of “registration” disappeared from regulations in the last century. However, the word remains in everyday use, although not a single official uses it anymore.

The institution of registration was replaced by the concept of registration. There is a whole set of rules on this subject, which were approved by the Decree of the Government of the Russian Federation on July 17, 1995.

The Rules themselves do not distinguish between privatized and municipal housing; there is only a reference to housing, civil and other legislation. The Housing Code of the Russian Federation devotes several chapters to municipal apartments, or more precisely, housing provided under a social tenancy agreement. The rules for moving in are described in the eighth. It's time to talk about who has the right to register in a municipal apartment, as well as the rules for such an event.

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.

In general, they are easy to understand, because if family life does not work out and the spouses separate, then it will be very difficult to discharge the former lover without his consent - the court will definitely grant him a reprieve.

Decoration in the spouse's apartment

Red tape with collecting permission from strangers does not arise when a husband or wife moves into their own apartment. Time is spent only on collecting the documents required by the registration authorities.

A special registration procedure also exists if it is necessary to register a spouse in public housing. How to do this and whether the consent of the owners and other tenants is required is written here.

Can the owner register a person in an apartment without consent?

Hello! We really need your help! Privatized 4-room apartment. 3 people are registered (an elderly father - 83 years old, 2 brothers - 40, 47 years old), each with an equal share in the apartment. One of the brothers is getting married. Can he register his wife without the consent of others registered in the apartment? In this situation, with a possible division of the apartment (for example, after the death of the father), does the wife have the right to part of her husband’s apartment if she wants to divorce him? In the absence of a will, after the death of the father, is the father's share divided equally between the two brothers? Can my brother's wife claim a share in this apartment? (she doesn’t have her own living space in Moscow, she lives in a civil marriage with her brother for about 3 years, the apartment was privatized a year ago, they recently decided to get married)

Property of each of the spouses 1. Property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (property of each of the spouses), is his property.