Is it possible to register a wife in a municipal apartment?

What it is

A municipal apartment is a living space provided to certain citizens under a social tenancy agreement for living.

In this case, the owner of the property is the municipality, which protects the social security rights of citizens.

Municipal apartments are provided to the following persons:

• orphans in the absence of a guardian;
• military personnel;
• war veterans;
• individuals who were included in the program for relocating citizens from dilapidated houses;
• those affected by the liquidation of the Chernobyl disaster;
• victims of natural disasters;
• visitors from the Far North;
• immigrants;
• citizens with a disease dangerous to others - here rare diseases are distinguished that pose a mortal danger due to airborne transmission.

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At the same time, it is legally established that the represented categories of citizens must independently seek municipal housing.

Registration rules

The rules for registration on the territory of municipal housing include the following points:

• You can register with the permission of the municipality and all citizens registered in the apartment;
• permission is issued in writing from everyone registered (the municipality's permission is written in the social tenancy agreement for housing) - you should contact the passport office with it if you need to register a relative;
• without the consent of those registered, only close relatives can be registered;
• citizens registered in a municipal apartment can register their minor children without the consent of others;
• The municipality or simply employees of authorized bodies may refuse to register a new relative if the space of the premises does not allow.

The registration procedure is no different from the standard process. Here you should also submit documents to the passport office or settlement and service center at your place of residence.

Is it possible to register a wife in a municipal apartment?

If he lives in it alone and no one’s consent is required, he must appear with his wife at the passport office and present a marriage certificate. All documents must have both signatures of the participants in the registration process.

It is more difficult to obtain registration for a spouse when a man lives with relatives who are registered with him in the same apartment.

Housing legislation requires the mandatory written consent of all neighbors, since the addition of another tenant is regarded as “deterioration of living conditions” (Article 53 of the Housing Code of the Russian Federation). But the obligation to obtain consent depends on who is the employer under the social tenancy agreement. If this is a spouse, then he does not need the consent of the other residents. If, for example, the husband is the son of the employer, the consent of that parent is necessary.

After receiving consent from all neighbors, the initiator must notify the municipality about the registration and move-in of a new tenant.

If no one living in the neighborhood has given their consent, the citizen can file a claim in court for forced entry into the apartment. Drawing up such a claim is not an easy task; you need to competently and convincingly present the essence of the issue so that the judge takes the side of the spouses and obliges the municipality or neighbors not to interfere with registration.

Procedure

To register new residents in a municipal apartment, you need to collect the documents required for the procedure and perform the following steps:

1. Contact the Passport Office, MFC or settlement and service center at your place of residence.
2. Submit documents at the department and write an application asking to register a relative or stranger.
3. The employee accepts the documents and checks them. Next, he transfers the received information to the FMS department, where the completed registration is verified.
4. The whole process takes no more than 3 days, after which you can pick up your passport with the appropriate registration stamp.

Often, tenants are faced with the problem of refusal to accept documents - this is explained by the desire to register not a relative, but a stranger, in a municipal apartment.

The actions presented are illegal - employees of authorized departments must accept documents and subject them to thorough checks. In addition, to register a third party, the tenant obtains consent from the municipality.

How to register in a municipal apartment with your husband

The algorithm for registering a spouse in an apartment depends on the method of submitting documents.

Where to contact

In order to register a person in a residential area, you can:

• personally contact the passport office of the management company;
• come to the police department or one of the Multifunctional Centers;
• use the Internet portal “State Services”.

To quickly complete registration, it is better to contact the Department of Internal Affairs.

Package of necessary documents

In the event that there are no objections from the neighbors in the apartment, in order to register a spouse in a municipal living space, the following documents must be presented:

1. application for registration accompanied by the written consent of all residents (if the husband is not the tenant of the apartment under the contract);
2. personal presence of all registration participants or notarized confirmation of the consent of the absent citizen;
3. marriage certificate;
4. departure sheet;
5. extract from the house register;
6. military ID;
7. financial and personal account in a copy.

When all documents have been submitted, the passport office employee fills out special forms and sends them to the Federal Migration Service. If there are no complaints from the specialist, within a week from the moment of submission, the new tenant will be registered, and information about the official place of residence will appear in the passport. Or a certificate of temporary registration is issued if the application indicated a specific period for registration.

It is recommended to immediately contact the judicial authority, since failure to register may result in administrative liability and the imposition of a fine on the wife (Article 19.15 of the Code of Administrative Offenses of the Russian Federation)

What documents are needed

To register in a municipal apartment, you must collect the following documents:

• passports of the tenant who subsequently submits the application, as well as the citizen being registered. The documents must be valid at the time of the start of the registration process for a municipal apartment;
• the citizen being registered at the previous place of residence must take a departure sheet - check out of the apartment or other living space with clarification of registration at the new address;
• with the certificate of departure according to the previous registration, you must obtain a certificate of family composition;
• men - adults and liable for military service - must present a military ID;
• if not one citizen, but a family is registered, a marriage certificate should be prepared;
• for registered minors, it is important to prepare a birth certificate;
• application for citizen registration.

It should be noted that minors, but children over 14 years of age, must be present when submitting documents and sign the forms issued to them independently.

Deadlines

The registration period ranges from 3 to 8 days - it all depends on how the documents were submitted.

We invite you to read: How to privatize an apartment: step-by-step instructions in 2019

The fastest way to register is to submit documents to the Federal Migration Service or through the State Services website. If the papers were submitted in another way, then registration will take up to 8 days due to the fact that the documents will be moved between transport services authorized by the authorities.

In some cases, a citizen may exercise his right not to provide some documents when registering, but only indicate data from them in the application. At the same time, the registration period will also increase.

Registration of a child in a non-privatized apartment is possible if the parents have registration.

How to extend temporary registration for a foreign citizen? Information here.

For what period is temporary registration issued? Details in this article.

Peculiarities

We should consider in more detail the features of registration of certain persons who agreed to register in a municipal apartment.

Relative

It is easy to register a relative in a municipal apartment - this is permitted by law. The tenant can register close relatives without the permission of the other tenants.

Close relatives include children, parents and spouses. Other relatives are allowed to register with the consent of the others.

It should be noted that all citizens registered in a municipal apartment have the right to a share in it in the event of privatization and subsequent sale.

Without the consent of all residents or one registered

Registration in municipal housing is regulated by law, namely Article 70 of the Housing Code of the Russian Federation and Government Decree No. 713 of 20015. The acts indicate that registration of a non-close relative is possible only with the consent of the other residents.

Often married spouses try to register one of them on their territory. In this situation, they often receive a refusal from the other tenants, but the newlyweds have a chance to achieve what they want through the court.

As judicial practice shows, the court issues a positive verdict only if this registration does not contradict the infringement of housing conditions, namely, a reduction in living space per person.

Such actions are considered intentional, so the municipality gives a categorical refusal.

Without consent through court

You should go to court if a citizen registered in a municipal apartment cannot legally register a relative or spouse. It is recommended that you first contact the municipality to obtain the consent of the “owner” of the living space.

If the administration does not give a positive decision, then there is a chance of getting what you want through the court. You should prepare thoroughly for the court hearing in order to protect your interests on the basis of the law.

To Grandma

A minor child is registered at the place of registration of the father or mother, regardless of the status of the apartment (it is private or municipal), as well as the opinions of the residents.

Therefore, if one of the parents is registered in the living space, he can be registered only by providing a passport and birth certificate to the Passport Office or other authorized body.

Situations also arise when it is necessary to register a minor with his grandmother without one of the parents being registered in her living space.

There may be different reasons for this - the need to enroll in a kindergarten or school. This is only possible if the grandmother has guardianship over the child.

After the death of a relative

After the death of the responsible tenant, the right to use and reside in the apartment passes to the citizens registered in it. Sometimes the social tenancy agreement immediately indicates possible heirs, which further indicates the fact of transfer of responsibility for the living space - the municipality enters into a new agreement with him.

From the moment the tenant dies until a new social tenancy agreement is drawn up, no one will be able to register in the apartment. But there are exceptions - this is the registration of a minor at the place of registration of the mother or father.

Additionally, you can apply for the right to grant a registration permit to the municipality. The application indicates the reason for the application - the death of the responsible tenant and the preparation of a new social tenancy agreement.

Without the consent of the employer

The tenant is the same responsible tenant who is responsible for the maintenance of the living space in exchange for the right to live on its territory.

It is impossible to register a new tenant in the apartment without his consent - he can register close relatives on his territory without the consent of the others.

However, tenants can register their minor children without the consent of the tenant. This is legal, so a tenant who decides to evict a child’s parent will have big problems.

Step-by-step description of registration in a privatized apartment

The primary right to official registration of temporary registration in a non-privatized apartment has the tenant who has entered into a social contract with the local administration of the municipality. A typical sequence of actions for registering other persons is presented in the following sections.

First, you must obtain written consent from the main tenant and other residents with registration in the relevant property. You will also need the following documents:

• civil passport, military ID or other identification document with a valid expiration date;
• the current agreement with the municipality on social rental housing;
• an application filled out according to the standard form;
• technical passport indicating the area.

In the initial part of the document indicate the full name of the regional department of the Main Directorate for Migration. Next, write down the address of the person’s current place of residence, identification and other data in accordance with the technical notes (markings) on the form. In the “Bases” column indicate the number and date of the social tenancy agreement with the full name of this document.

For close relatives, it is enough to complete the simplified procedure for temporary registration in a non-privatized apartment with a direct application to the Main Department of Migration. In other situations, additional permission from the local administration is first obtained:

• submit an application to the property management unit in the form established by the local administration;
• Then the standard procedure is applied with a visit to the passport office.

The GUVM passport office is needed at the location of the apartment. Procedure:

1. The employer and the interested party come to the department with a package of documents.
2. Submit an application using the form above and attach documents.
3. Then wait 3 working days.
4. Upon completion of registration, you will receive a passport insert.

It is possible to submit an application through the State Services portal, for this you need:

1. Log in to the portal.
2. In the search, enter “Registration at the place of residence.”
3. Next, follow the instructions of the system - fill out the application and select the appropriate day for your visit to the Main Directorate for Migration.
4. On the appointed day, come for your completed registration.

The fastest way is registration in the relevant department of the Ministry of Internal Affairs (GUVM) - 3 working days. The period increases to a week or more when clarifying the information received, selecting postal items, or carrying out the procedure through State Services. Additional losses will have to be taken into account if such operations are entrusted to trusted persons. In these cases, you will need a power of attorney certified by a notary.

Temporary registration by the Ministry of Internal Affairs of new residents in a non-privatized apartment is free of charge. The following list outlines what to consider when analyzing associated costs:

• fare;
• meeting the financial requirements of the tenant (registered persons).

Appropriate registration is required if the period of stay exceeds three months. Temporary registration of strangers and distant relatives, even with the general consent of all interested parties, in a non-privatized apartment is provided for no more than 6 months. For spouses and minor children, the maximum permissible period is five years.

To temporarily register a child, spouse, or close relative in a non-privatized apartment, you do not need a personal application to the GUVM office or the consent of the tenant. In other cases, such organization of the process will simplify personal identification. Instead, you can use powers of attorney.

The registration for privatized (municipal) property with a limited period of residence does not provide for affixing marks in the passport or other identification documents. A passport insert is issued.

The owner of a home may temporarily register a third party on his property, also with the consent of all registered residents.

Such consent can be obtained if the personal presence of citizens registered in the apartment is impossible on the basis of their duly certified applications notifying the FMS of their consent to temporary registration. Thus, the application can be certified by a notary; for those called up for military service, the application signed by the head of the military institution will be considered reliable.

• collecting a package of documents and preparing their copies;
• a visit to the Federal Migration Service with documents, the owner and other persons registered in the apartment;
• checking the documents of all those present, personally signing the owner’s consent to registration;
• acceptance of documents for consideration and provision of a response within 3 days in the form of a reasoned refusal or issuance of a leaflet - insert “Certificate of temporary registration at the place of stay”.

The owner may initiate termination of the contract and interruption of temporary registration ahead of schedule.

• failure to fulfill payment obligations;
• lack of order;
• inappropriate behavior.

• sale of apartment;
• donation of housing.