Legislative regulation of the issue
Despite the constitutional right of every citizen to move freely across the territory of the state, changing their place of residence at their own request, people must contact the migration service in a timely manner to obtain registration. Staying outside the apartment register is not allowed, and administrative liability is provided for violating this rule. This responsibility was enshrined in Government Decree No. 713 of 1995.
The following regulations must also be taken into account:
- The Civil Code, which regulates the grounds for obtaining ownership of real estate, as well as the procedure for disposing of housing;
- Federal Law No. 5242 of 1993, which established the procedure for registering citizens for apartment registration.
House for two owners
Advice from lawyers:
1. Typical house for two owners, owned. The size of land plots varies. No land surveying has been done, is it possible to divide the plots equally?
1.1. Hello! First, you will have to carry out land surveying, thereby forming a plot, and then divide it on the basis of an agreement.
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1.2. Dear Nina, to begin with, in order to divide the plots equally, you must definitely do land surveying; without this it will not work. Since the size of the land plots is different, but a typical house is owned by two owners. Good luck and all the best to you.
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1.3. See Art. 35 of the Land Code, the procedure for use is determined according to the shares of home ownership, that is, if you have shared ownership and shares are equal, you can “equalize” ownership of the plots - either by agreement or through the court - Art. 247 Civil Code of the Russian Federation.
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1.4. Good evening. First you need to do a land survey, then you can divide the plots by agreement. Have a nice pleasant evening.
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1.5. How will you divide if land surveying has not been carried out, but only after that will it be possible to divide this area.
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2. My neighbor and I are registering the land under the house, a house for two owners, and the property around it. Will there be two certificates or one? There is only one resolution from the administration.
2.1. Good afternoon Of course, there will be two certificates, for each piece of real estate and for each owner. Good luck to you and all the best!
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2.2. Will there be two certificates or one? There is only one resolution from the administration. There will be two certificates for each owner indicating his share.
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2.3. Hello! You register the land plot as common shared ownership, 1/2 share for each person. After registering the right, you will be given extracts from the Unified State Register for 1/2 of the share.
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2.4. If the house is for two owners, then the land will be registered in shares, that is, 1/2 share for each owner. I wish you good luck and all the best.
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2.5. There is one resolution, but there may be two pieces of evidence. Most likely there will be two if the land is registered as shared ownership.
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3. We installed a meter on the boiler, can we cut the gas pipe from the boiler to the neighbors, a house for two owners.
3.1. No, according to Article 247 of the Civil Code of the Russian Federation, the disposal of common property is carried out only with the consent of all owners of shared property.
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3.2. Good afternoon Dear Olga, in this case it’s not entirely clear why you are planning to cut off your neighbors’ pipe? If they consume gas from this pipe, then you do not have the right to do so.
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3.3. — Hello, this will be regarded as arbitrariness. Article 330. Arbitrariness 1. Arbitrariness, that is, unauthorized, contrary to the procedure established by law or other regulatory legal act, the commission of any actions, the legality of which is disputed by an organization or a citizen, if such actions caused significant harm, is punishable by a fine of up to eighty thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to six months, or by compulsory work for a period of up to four hundred eighty hours, or by correctional labor for a period of up to two years, or by arrest for a period of up to six months. Good luck to you and all the best, with respect, lawyer Legostaeva A.V. :sm_ax:
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3.4. Good evening. On what basis are you going to do this? In general, such work can only be carried out by specialized organizations and in agreement with Gorgaz.
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4. Tell me something has changed in the law on dividing a house into two owners. In March they tried to separate and said that since 2020, division is impossible. What should I do?
4.1. If it is possible to make separate entrances on each side, then nothing has changed much. I don't know what information your sources are referring to.
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4.2. There were no such changes in legislation. If it is necessary to allocate a share in a house in kind, then such an allocation can only be made by a court. However, if the allocation of a share is not possible, then the share may be considered insignificant, and the owner of the share may be paid monetary compensation.
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4.3. Good afternoon There were no changes, in this case it depends on the technical capabilities of the house, and the decision on division is made by the court. Those. o allocate shares in kind. Good luck in resolving your issue.
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4.4. Good day to you. There were no significant changes. It all depends on technical capabilities. I wish you good luck in resolving your issue.
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5. I got married, I want to register my wife (private sector, house for two owners), the owners of the second half of the house do not give permission for my wife to register (they want to buy half of my house for next to nothing and are creating various obstacles with the sale of my half, and now with the registration of my wife ), what should I do. My wife is from another city and is not registered anywhere.
5.1. Hello, unfortunately, with shared ownership, you can only register your wife with the consent of the second participant in shared ownership. Good luck and all the best.
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5.2. Good afternoon If you have shared ownership, then, unfortunately, without their consent you can only register your minor children. Best wishes to you!
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5.3. — Hello, Marina. You can register your wife only with the consent of the second owner.. (Article 247 of the Civil Code). All the best…
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5.4. Hello! In this case, the consent of the second owner in this circumstance is necessary. In accordance with the legislation of the Russian Federation.
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6. We have a house for two owners, we added a kitchen and one window faces the neighbor’s yard, please tell me, do we have the right to make windows in our yard wherever we want or not?
6.1. Hello! If the property is shared in common, then the written consent of the other owner for reconstruction (window installation) is required.
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6.2. Of course you have the right to make windows where you want. You are not installing windows on his territory, but on your own. You never know where they go.
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6.3. Hello! Yes, you have the right, at least make the whole house out of glass. Just don’t deviate from SNiPs))) Yes, and you should legalize the extension. What is the purpose of the land? Write, I’ll tell you what to do.
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6.4. Good evening! You needed to obtain permission for the reconstruction and the consent of the co-owner for the extension; the location of the windows does not matter.
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7. I have a house for two owners and the window faces the neighbor’s yard, does he have the right to screw a shield for the window to my half of the house? And I put up a canopy and screwed part of it to my half of the house. Can I ask him to remove it from my wall at home?
7.1. You can go to court with a claim. Compiled according to the rules of Art. 131, 132 of the Civil Procedure Code of the Russian Federation. I advise you to contact a lawyer to competently draft a claim.
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7.2. Hello! He has no right to block a window so that no light can pass through the window at all. File a lawsuit to eliminate violations.
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7.3. Good afternoon No, the neighbor is wrong in this case, according to Art. 304 of the Civil Code of the Russian Federation, you can sue and demand elimination of this violation.
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7.4. The wall is shared, so it has no rights without your consent. The right to demand that the structure be dismantled. If he refuses, go to court.
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8. A house for two owners, there was a gable roof, they converted their half of the roof into an attic, the neighbor is threatening to sue.
8.1. If the house is in common ownership, you did not have the right to redo the roof without the consent of the neighbor. File a lawsuit to allocate your share and terminate the common ownership of the house.
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8.2. And he has every right to do this; if there is shared ownership, then all actions must be agreed upon between the owners.
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8.3. Hello. If he sues, it will be possible to resolve the tort within the legal framework. He will file a lawsuit, and you will file objections. It is not a fact that he will win the trial.
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8.4. Hello, If you have shared ownership according to documents, then without the written consent of the other owner you could not redo the roof. I wish you good luck and all the best!
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9. We have a residential building for two owners, the first apartment has 1 owner, the 2nd has two! How will the land be divided if it is registered as one whole? And is it possible to register it as the property of one owner?
9.1. Hello, Vyacheslav The land is divided into 2 parts, 1/2 share each, if there are 2 apartments in the house. In the second apartment, if there are 2 owners, let them also divide it, based on their shares in the ownership. I wish you good luck and all the best!
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9.2. Good afternoon The land is divided in proportion to the shares in the property. Not per owner. Only if others sell or donate their shares.
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9.3. Good day! The land will be divided in proportion to the size of the shares of each of the owners. All the best, I wish you good luck and all the best!
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9.4. Good afternoon Alas, it is impossible to register it for one owner; the land will be divided in proportion to the shares. Best wishes. Thank you for choosing our site.
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10. House for two owners, our water supply, we let our pipe crash into it, then the neighbors moved, new ones moved in, we have a disagreement with them, can I turn off their water?
10.1. No, simply on the grounds that you have a disagreement with your neighbors, you cannot cut off their water. We need legal grounds. Good luck to you.
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10.2. Good afternoon. If you turn off the water, they will most likely go to court and argue that you are obstructing them. It is better to resolve the issue mutually.
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10.3. You won’t be able to, because your new neighbors bought housing along with the water supply, that is, the right of use is transferred to them.
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10.4. House for two owners, our water supply, we let it crash into our pipe, then the neighbors moved, new ones moved in, we have a disagreement with them, can I turn off their water? In principle, yes, if in their documents the water supply is not assigned to them anywhere.
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11. House for two owners, I have a certificate of registration of my share. My neighbor and I have the same address, and the land on my half is registered to the neighbor. In short, I don’t have a land registration certificate. I want to sell my share, but no one will buy without land. Tell me what should I do?
11.1. Hello, Valentina Neighbor, you cannot register all the land in your name. He must transfer 1/2 of the share to you as a property or let him buy your share in the house. I wish you good luck and all the best!
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11.2. Good afternoon, dear Valentina. You need to register the land, contact your neighbor, look at his documents for the land and apply for registration. Good luck to you and your loved ones!
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11.3. I want to sell my share, but no one will buy without land. Tell me what should I do? Buy the land under the house from the owner. And complete it.
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11.4. Hello, dear Valentina. To correctly answer your question, it is advisable to see the documents for the real estate in question.
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12. Three sisters, after the death of their mother, received a certificate of ownership of 1/3 of a share of 1/2 of a house with a plot of land (a house for two owners, everyone shares the land). Question. According to the law, when a house is demolished, is each of the sisters entitled to separate housing (at least with a minimum area) or 1 apartment for all of them, which will have to be divided. For 3 sisters, the total area of part of the house is 33 m2, the land is 300 m2. The house is located within the city.
12.1. One accommodation will be provided
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12.2. When moving from dilapidated housing, you will receive an apartment, one for everyone, with an area no less than that which was owned.
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12.3. Depending on what is the reason for the demolition of the house.
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12.4. Equivalent housing or compensation is provided, taking into account moving expenses.
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13. The question is this. There is a private house for two owners, it is divided into two parts, the neighbors have not lived there for about 7 years, the wiring is exposed, the house is beginning to collapse, thereby dragging our part of the house with it where to go or bring the neighbor to justice for the improper condition of the private property. Help me please!
13.1. Go to court and demand elimination of violations.
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13.2. Hello! File a claim with the court for an obligation to make the necessary repairs for the safety of your home.
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13.3. Hello! Send a written request to the second owner to bring the house into proper condition. And if you ignore this requirement, do the repairs yourself and, in self-defense of rights (Article 14 of the Civil Code of the Russian Federation), make demands on the second owner for reimbursement of repair costs.
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13.4. In this case, you need to file a lawsuit to protect your violated rights and impose on the owner the obligation to carry out the necessary repair work.
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14. Can bailiffs arrest a house with two owners if the debtor is one of them, but the whole house was arrested, and by a court decision I am the owner of half, and the neighbor is the owner of the second, for the debts of one, half of the other was arrested.
14.1. Such an arrest is unlawful. This arrest must be challenged.
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14.2. The arrest is imposed by the court, not the bailiffs. This is also possible in your case.
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14.3. If the house is entitled to 1/2 shares, then the ban on registration actions should be issued only in relation to the debtor's share. It's the same with arrest. I think it makes sense to apply to the court to lift the seizure of the share in the right of a co-owner who is not a debtor.
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14.4. If a seizure is imposed, you need to file a claim to release the property from seizure. The state duty is 300 rubles.
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15. I am the owner of a house for two owners. A conflict arose with neighbors regarding the boundary of the land plot and the house. Where should the border be?
15.1. The boundary should be where it is marked on the site plan. If you disagree, go to court.
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15.2. In order to answer your question, you need to see the Cadastral passport because it is manufactured according to existing boundaries.
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15.3. In such cases, a lawsuit is filed to establish the boundaries of the land plot. Both the primary documents for the land and the established procedure for using the land are taken into account.
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15.4. It is advisable for you to contact a lawyer directly regarding your question.
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Permanent registration
Registration is carried out by territorial divisions of the migration service, which accept documents from interested parties, confirm the legality and validity of the stated requirements, and also make new amendments to the current federal registration.
Registration in a house with common shared ownership can occur on the initiative of only one co-owner, but it is necessary to obtain the written consent of the second owner.
Permission to register third citizens is issued in writing without the involvement of witnesses or a notary. It is also necessary to take into account that the permit document is sent to the migration service personally by the co-owner. In addition, the owner must:
- submit a copy and original of your passport;
- personally confirm your consent and its voluntariness to the FMS employee.
This rule does not apply when the owner wishes to register his minor child. In this case, no consent is required. It is enough to warn the co-owner of your intentions. The privilege extends to biological children and adopted children.
Advantages of a two-family house project
Reasons for building a common house
several for two families:
- when purchasing a common plot for one family, half of its cost is saved;
- the total price of the house is divided evenly between the two buyers;
- the financial burden on the family when installing utilities is reduced;
- If desired, one common garage and a swimming pool in the yard can be arranged.
A two-family house has a number of advantages. Among them, a separate entrance, a private yard, a garage and even an outdoor pool. All this for almost half the cost, since all costs for the project, purchase of a site, landscaping of the territory, installation of utilities are divided in half. This method of constructing country cottages is popular among representatives of the middle class who want comfort, but do not always have sufficient funds to build a private house.
The disadvantages of this construction option include the likelihood of controversial situations caused by different tastes of the owners. For example, when finishing the facade.
If the facade parts are made in different style solutions, then the external harmony of the house will be disrupted Source techwood-house.com
It is desirable that the facade be made in the same style and from the same material. Also, a house for 2 families has a common area. The design of the site will also have to be coordinated with the neighbors. The situation may get worse if utilities are paid for jointly.
On our website you can get acquainted with the most popular house projects from construction companies presented at the exhibition of houses “Low-Rise Country”.
Temporary registration
The need to register an outsider temporarily arises only when the minimum period of residence in the apartment is three calendar months.
As a rule, this applies to all cases of concluding a commercial lease agreement for real estate. The second reason is temporary residence in the housing of close relatives of the owners themselves. When applying for temporary registration, the following factors must be taken into account:
- It is mandatory to obtain written permission from all co-owners. Even if the visiting citizen is related by ties of kinship to all the owners.
- If the basis of residence is a commercial lease, then it is necessary to conclude an agreement, a copy of which is submitted to the migration service. Another copy must be submitted to the tax office for further calculation of 13% income tax on the profits received.
If co-owners are engaged in renting out real estate together, then taxes can be paid equally to the Federal Tax Service.
How to Avoid Getting a Permit
According to the requirements of the law, the co-owner must submit his written consent for registration, regardless of the share in which he owns the property. The following circumstances will be an exception to the rule:
- independent registration of the owner;
- registration of minor children (as discussed above);
- registration of official spouses.
Employees of the territorial migration service are required to register without consent, even if other owners are categorically against such measures.
Division of real estate through a peace agreement
The simplest division of a plot of land with residential premises is the signing of an agreement between the owners, which is certified by a notary.
The next stage is obtaining a resolution from the municipality on dividing the plot of land. After this, the owner formalizes ownership for each individual plot.
agreement on the division of house and land free of charge in word format
What are the consequences of illegal seizure of public land?
New plots of land should be registered with the cadastral service, as well as obtaining documentary evidence of ownership.
An agreement on the division of a land plot must be in writing.
Moreover, the agreement must contain the following:
- information about the owner indicating passport details,
- the address of the plot of land or a detailed description of the location where it is located,
- cadastral registration number of the land plot,
- consent of the owners of the land plot to the division, necessarily in writing,
- detailed description of the section,
- method of paying the costs necessary to carry out the division
But if at least one owner does not consent to the division of the plot of land on which the residential building is located, then such a plot of land can only be divided in court.
ATTENTION! Look at the completed sample agreement on the real division of a residential building:
Watch the video. How to divide a plot of land with a house into two owners?
Algorithm of actions
A simplified scheme for changing the place of registration is now in effect. Now a person does not need to be deregistered first. It is enough to contact the territorial office of the migration service that serves the address of future residence. The algorithm of actions is as follows:
- submitting an application and a complete package of documents to the Federal Migration Service at the place of future registration;
- waiting three days, during which the registration must be completed in full;
- obtaining a personal passport with a new registration;
- Migration service employees send a written notification to the FMS at the place of previous residence for the purpose of deregistration.
According to the current norms of the law, if a citizen has previously checked out of the property, then he must re-register the apartment no later than a week after the check-out.
List of required documents
Participants will have to prepare originals and copies of the following documents:
- personal document (birth certificate, passport);
- statement;
- home Book;
- title documents for property;
- written consent of other owners;
- an extract from the Unified State Register of Real Estate, issued a maximum of one month before the date of submission of the application for registration (contains information about all owners).
A separate category of cases includes registration in real estate purchased with maternity capital funds. According to the law, if housing is purchased using government subsidies, then each family member (mother, father and children) must receive equal shares of the property, that is, after paperwork they will become co-owners.
If a mortgage lending agreement is drawn up at the same time, then the owner becomes the citizen in respect of whom the loan was issued. Immediately after signing the loan agreement, the family goes to the notary and the spouse indicated in the loan agreement draws up a guarantee that after full payment of the loan, the property will be divided equally between family members.
Share in the house
The purchase and sale must be carried out as competently as possible. If a share in a house is being sold, then even if the slightest conditions are not met, the contract may be declared invalid. That is why it is better to turn to professionals for help in this matter.
We recommend reading: What documents are needed to put a child on the waiting list for kindergarten?
If all owners or spouses agree to the division of property, contact the department of urban planning and architecture. First of all, it will be necessary to provide documents that certify the title to the house, as well as an architectural design for dividing the house into shares in kind. It is worth noting that registration of a house share consists of several very important stages. After collecting all the documents, you will be issued a permit, according to which you can erect a permanent wall in the house and make a separate entrance. Thus, everyone will have their own share of the house. In order to register a separate right of ownership to receive a share, it is necessary to demarcate the common land plot, and also contact the BTI to draw up a separate cadastral and technical plan for each share. Then you need to obtain cadastral extracts and contact the FUGRTS. In the future, each owner will have a separate certificate of ownership, after which everyone can do whatever they want with their share: the share of a residential building can be sold, donated, or it can be exchanged or lived in it. Answering the question of how to register a share in a house, we note that a small house, if it has only one room, cannot be divided into parts. In this case, the court will make a decision on a percentage basis. We also note that, according to Article 252 of the Civil Code of the Russian Federation, each participant in shared ownership can allocate a share in a private house. At the same time, this issue can be resolved either by mutual agreement or through the court. Also, answering the question of how to allocate a share in a house, we note that in the case of an insignificant disputed share of the owner, you and other claimants to the property can pay compensation even without his consent. Do not forget that the privatization of the house share must also be carried out.
