In post-Soviet times, the term registration was understood as registration at the place of residence, without which it was impossible to get a job, send the child to kindergarten, make an appointment with a doctor, and much more. Every citizen in the Russian Federation must be registered at the place of residence. The rules for withdrawal and registration are enshrined in the LCD. Violation of the registration rules is subject to a fine.
You can register in a house, a separate room, an apartment, a hostel. Registration at the dacha is possible, but for registration at the dacha, the house must be officially registered and have the status of a dwelling. .
You can register in a dedicated share (part) of such objects, it will be share ownership registration.
All citizens choose their place of residence themselves. The right of free movement within the country is guaranteed by the Constitution.
It is the duty of every citizen to be registered at the place of residence or at the place of sojourn.
The provisions of the Civil Code state that all owners of a share of a dwelling have the right to dispose of property in shared ownership.
The size of the share does not give any advantages in resolving the issues of registration of other people for their living space.
The owner of a share in a house or apartment is registered without any consent, regardless of the number of citizens already registered at this address.
If it is not possible to obtain the consent of all owners, but it is necessary to register, the way out of this situation will be to issue a donation for a small part of your share. But such a decision is risky, you can return your share back only in judicial order. And what the court will decide is unknown. You may have to compensate the former tenant for part of the share of the area donated in the past.
According to the law, it is possible to register permanently at the place of residence in a room that has the status of residential and meets all the standards of residence of people specified by the legislation of the Russian Federation.
You can temporarily register in any housing intended for living, even if it does not have residential status. You can temporarily register:
You need to get registered within one week, and you can temporarily live at this address for no more than three months.
Do not forget, the presence of each additionally registered in the house book increases communal payments. In the absence of meters for metering devices, the amounts will be much higher than they paid before.
Registration at the place of residence in Russian legislation is a confirmation that a citizen lives in a certain place, without infringing on anyone's rights. The registration procedure is enshrined in special rules for registration and deregistration, as well as - in part - in the Housing Code.
In the absence of registration, problems are possible - and these are not only fines and close attention from the migration service. Without it, the inability to get a job, get medical care, arrange children in a kindergarten or school. Let's figure out how to register in shared ownership.
There is no mandatory condition in the law that registration is possible only in an apartment owned by one owner. There are not so many such housing in Russia. After total privatization, apartments usually end up in shared ownership. The same type of ownership arises if the apartment is inherited, given to several people.
Common ownership also arises when buying real estate at the expense of. Thus, registration can be made in an apartment located in common property, - but subject to a number of nuances.
For example, the owner has acquired or inherited a share in an apartment and now intends to live there. To do this, he must deregister at his former place of residence and apply to the passport office management company to a new place (if there is no passport office there, then to the department of the local migration service).
This whole combination must be done within seven days of arriving at your new home. If, for example, this involves moving to another city and the process took more than a week, then this fact can be confirmed by travel documents.
However, in order not to complicate the situation, it is better to send documents by mail in advance, having certified copies with a notary public and filling out an application on your own. Then the date of application to the FMS will be the date of sending the letter, and the applicant will not face fines.
The owner of the share has the right to register in the apartment without the permission of other owners. Together with himself, he has the right. At the same time, children really must, otherwise the registration will be recognized as fictitious.
Paragraph 246 of the Civil Code indicates that, apart from children, the owner of a share cannot register anyone on the living space, even other close relatives. This will violate the interests of other owners.
Permanent registration is issued within 3 days. An appropriate inscription will be entered in the passport of the adult owner, and a certificate of registration will be issued to the children.
How to register a person in an apartment temporarily? You can also register in your share temporarily, but this requires the consent of all owners (the exception is the temporary registration of your own children).
It is added to the standard with a new tenant, subsequently it will serve as the basis for paying taxes. If the person being prescribed is a close relative, then it is not necessary to conclude an agreement.
If the applicant plans to live in the apartment for more than 90 days. The term for consideration of the application is 8 working days, after which a certificate of temporary registration or a written refusal indicating the reason will be issued.
In the event that one of the owners speaks out against the registration of temporary registration, then nothing can be done about it. Despite the fact that such refusals often do not have a justified reason, it is useless to go to court. For example, an ex-husband who owns a home on a par with his ex-wife, but lives separately, may refuse to “share” a new husband.
In this case, the only way out is . For example, in this example, the wife has 1/2 apartment. She can give the new husband half of her share (or any other proportion). Now the shares will be distributed as follows: ex-husband - 1/2, wife - 1/4, new husband - 1/4.
Using his right of ownership, the new husband can easily apply for a permanent residence permit. Also, there will be no problems with determining the place of residence of children, if they appear.
As already mentioned above, there are no obstacles to registering minor children if the applicant is the owner of the share.
The presence of a child under the age of 14 is not necessary when applying for a residence permit, since parents (or guardians) act on his behalf. If the child is older, then he must sign the application himself, acting with the knowledge of one of the parents (he also signs the application).
With the procedure is similar. None of the owners has the right to refuse registration to a minor, if at the same time he gave consent to his parent.
For registration of permanent or temporary registration in an apartment with common property, you will need the same package of documents:
What to do if a situation arises when you need to evict an unwanted neighbor? The Constitution and the Housing Code enshrines the right of citizens to live anywhere and protects their housing rights. Just like that, upon application to the court or the prosecutor's office, it will not be possible to evict a tenant registered in the living space. Especially if he is one of the owners of the premises.
There are only two legal ways to get rid of an unwanted neighborhood:
In the first case, only persuasion and a fairly high price will help. It is inappropriate to go to court with a demand to oblige the defendant to sell his share to the plaintiff. As practice shows, 99% of such claims are denied at the stage of consideration of the case.
In the second case, it is necessary to prove in court that the neighbor acquired the rights to a share in the apartment illegally. For example, he forced the former owner to sell the living space or deceived him in some way. As a rule, such cases are difficult to prove and you have to resort to the help of a professional lawyer.
However, if successful, the neighbor will not have. The new owner may allow him temporary registration, or he may refuse on full grounds and oblige him to move out.
Video: Share of ownership in an apartment, what can be done with it
Question for a lawyer:
Hello. Please tell me how to legally install water meters in an apartment with shared ownership? I have 1/3 share, my neighbor has 2/3.
Lawyer's answer to the question:
only one meter can be installed, since common areas are not subject to division, and payments must be made in proportion to the shares or the number of people living in the apartment.
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Lawyer's answer to the question: registration in an apartment with shared ownership
Hello. Well, you will pay 1/3 of the amount, she will pay the rest
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Question for a lawyer:
Good afternoon. I am a share owner of an apartment in St. Petersburg - 3/4. I applied to the passport office regarding the temporary registration of my wife (Belgorod) on my property, but it was said that the consent of all owners is required, or the existence of an agreement determining the use of the apartment. The owner of 1/4 has never lived in the apartment, has not paid and it is not possible to contact him (perhaps he lives abroad) = there is no agreement or consent. Is it possible to do something in this situation? After all, temporary registration does not give any right to property to the person you register, which means that nothing can happen to the shares.
Lawyer's answer to the question: registration in an apartment with shared ownership
Denis, this issue needs to be addressed to the court.
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Lawyer's answer to the question: registration in an apartment with shared ownership
The fact is that you have a common shared property. you also have common areas, and when you register a person, it is understood that he uses these places. therefore, the consent of the other co-owners is required. There are options, of course, but I think in the event of a second refusal, everything will end in court.
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Lawyer's answer to the question: registration in an apartment with shared ownership
ZhK RF
Article 30
1. The owner of the residential premises shall exercise the rights of possession, use and disposal of the residential premises belonging to him on the right of ownership in accordance with its purpose and the limits of its use, which are established by this Code.
2. The owner of a dwelling has the right to provide possession and (or) for use of a dwelling owned by him on the basis of the right of ownership to a citizen on the basis of a lease agreement, a contract free use or on another legal basis, as well as to a legal entity on the basis of a lease agreement or on another legal basis, taking into account the requirements established by civil law, this Code.
This girl must systematically live in this apartment for more than 90 days in order to be able to bring her to administrative responsibility on the basis of Article 19.15 of the Code of Administrative Offenses of the Russian Federation in the form of a fine in the amount of 1500 - 2500 rubles.
It is better for you to get detailed legal advice on this issue from a lawyer, and then decide what you should do in order not to complicate your life in this apartment.
Good luck to you.
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Lawyer's answer to the question: registration in an apartment with shared ownership
No, it's illegal, evict her legally.
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Lawyer's answer to the question: registration in an apartment with shared ownership
There are no legal grounds for the residence of this girl. Your consent is not required, but she needs registration, quite temporary, in the apartment.
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Lawyer's answer to the question: registration in an apartment with shared ownership
You can simply tell the district police officer with a request to draw up a protocol under article 19.15. Code of Administrative Offenses of the Russian Federation for the residence of a citizen Russian Federation without registration
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Question for a lawyer:
Is it possible for a husband to register in an apartment with shared ownership
Lawyer's answer to the question: registration in an apartment with shared ownership
only with the consent of all owners
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Question for a lawyer:
Hello! How to rent a room in an apartment with shared ownership without asking the neighbors, they are against it, but their share is departmental, and mine is privatized?
Lawyer's answer to the question: registration in an apartment with shared ownership
if the neighbors are not the owners, then you should not ask their consent to rent out your room
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Question for a lawyer:
Apartment in shared ownership. The order of its use is determined. 4 people are registered in the apartment (they do not live in the apartment), two of whom, the apartment's equity holders, are minors. Is it possible to rent out their rooms for rent without the consent of the third shareholder?
Lawyer's answer to the question: registration in an apartment with shared ownership
Vladimir, only with the consent of all those living in this apartment.
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Lawyer's answer to the question: registration in an apartment with shared ownership
Theoretically - no, because. order common property takes place by agreement of all co-owners (despite the definition of the procedure for use, the regime of common shared ownership in the apartment remained), however, in practice, everyone moves in tenants, because. a disgruntled third co-owner will have to file a lawsuit to evict the tenants, and this is long and expensive.
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Question for a lawyer:
2-room apartment in the common shared ownership of the grandfather and grandmother for 1/2 share, through the court it was determined that the grandmother lives in a small room with a loggia, and the grandfather lives in a large one. The court decision has not been preserved. The grandmother gave her share to her granddaughter and went to his first daughter. The granddaughter lives in her room, the grandfather lives with his sister, he comes to this apartment 1-2 times a month to swim and pick up payments. What will happen if the granddaughter moves into the grandfather’s room, and rearranges his things into her own. The grandfather is going to let the tenants into his room, does he have the right to do so without the consent of the granddaughter?
Lawyer's answer to the question: registration in an apartment with shared ownership
Mikhail, in accordance with the Housing Code, the owners of a share in the right to own a dwelling are not entitled to conclude a lease agreement on their own behalf, therefore, they cannot let tenants in. As for the use of the rooms, you need to determine the procedure for using the living quarters in court and not conflict with the grandfather on this basis. In court, you can present motivated evidence why you want to occupy a certain room. If you need help, please contact us privately.
Respectfully, CEO Legal Center "Zeus", Stepanov Vadim Igorevich.
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Lawyer's answer to the question: registration in an apartment with shared ownership
Hello Michael! Without the consent of the granddaughter, the grandfather does not have the right to rent a dwelling (part of it), since the shared owners own and use the living quarters. by agreement, despite the fact that once the procedure for using the apartment was determined. In addition, when a new owner appears, the previous order of use is not preserved.
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Question for a lawyer:
Hello! By a court decision, 55/100 shares in the right to an apartment for my ex-wife, respectively, 45/100 shares, were recognized for me. Can strangers live in the apartment without my consent? Can the ex-wife register her current husband in the apartment if I don’t have my consent to this? Can her current husband live in this apartment? Her son, if he is registered with his father in another apartment? can she make a temporary registration for other persons in this apartment? And can they live here? And if suddenly I come home and find strangers, what should I do in this situation according to the letter of the law?
Will anything change if the order of use of the apartment is determined? Thank you!
Lawyer's answer to the question: registration in an apartment with shared ownership
Your situation is not the best. But there is a way out Alexander.
Unfortunately, nothing can be done without a trial.
While the apartment is simply in common ownership, it is possible to move tenants into it only with the consent of all owners. (as established by the Civil Code of the Russian Federation - ownership of common property is carried out in concert) And the wife cannot register in the apartment either temporarily or permanently anyone.
Determining the order of use, in my opinion, does not help you. Because after that, the wife will have at least one room assigned to her and "guests" will go to her there.
For good, unregistered persons should not be in the apartment after 11 pm. You can call the precinct. But he doesn't help much.
Will have to go to court. By the way, it is not difficult to evict such persons.
You need a trump card in negotiations with your wife. Say that if she does not come to her senses, you will rent a room to Chechens or Dagestanis and eat yourself. Believe me, diplomacy and negotiations will immediately reign.)
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One of the types of private property real estate is a shared property. The size of the 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, the owners of living space have the right to live on it and dispose of it, within the framework established by law.
Every citizen of the country, as well as persons arriving from other countries, are obliged to notify the state of the place of their permanent or temporary stay in Russia. A person can be registered in any premises suitable for habitation. For violation of the rules of registration, administrative liability in the form of a fine is provided.
In this regard, in practice, there is often a situation when the owner, having registration on his share, wants to register more spouses, children, other relatives or third parties on it.
According to the Civil Code of the Russian Federation, all owners, regardless of the size of the share that belongs to them, must take part in resolving all issues related to the disposal of property that is in shared ownership.
Important! The owner of more meters in the apartment has no advantages over other owners.
Without the consent of other co-owners, only the owner, as well as his child, has the right to register on his part of the apartment. This is due to the fact that, in accordance with Article 20 of the Civil Code of the Russian Federation, the place of residence of a minor under 14 years of age is the place of residence of his parents (legal representatives) or one of them.
In all other cases, when it comes to the registration of spouses, parents, other relatives, or third parties in general, the consent of all co-owners of the apartment is required.
Unfortunately, there are often conflicting, complex relationships between the co-owners of the apartment, and it is not possible to obtain their consent. The way out of this situation, especially when it comes to a spouse or close relative, is to draw up a donation for a small part of your share. In this case, having received the property of square meters, the new co-owner will be able to legally register on them.
Sometimes there are conflicts in housing legal relations when there is a need to register a person in a house or apartment without the consent of all homeowners or even the person himself. Are there legal ways do it? What documents are needed for this? And in what cases does such a need arise? The answers to all these questions can be found in this material.
A change in the marital status of one of the homeowners often results in the fact that a new family member needs to register the place of residence. However, other tenants or co-owners of the house or apartment do not always agree with this. That's when the question may arise - is it possible to register without the consent of your spouse, spouse or minor child. Sometimes this question also arises in relation to other relatives, such as parents, brothers and sisters, or uncles and aunts. Less often there is a need to register an outsider in the apartment.
Without the consent of all adults, at the time of the events, the owners of the living quarters, no one can be registered. The only exceptions are minor children, in relation to whom one of the co-owners of the residential premises is a parent or guardian. Such a child will be registered in the housing, in accordance with the norms Russian legislation determining the place of residence of minor children at the place of residence of their parents or guardians.
All other close and distant relatives, as well as strangers, can be registered in a residential building only with the written consent of all its owners. Of course, if there are compelling circumstances, you can try to register without the consent of other co-owners of your spouse or parents, through the court. However, the success of such an event is quite doubtful.
There is only one possibility for legal registration permanent residence an adult in an apartment where there is shared ownership. To do this, one of the owners who wants to register must donate part of their share to this person. Only under such conditions as a new co-owner of housing, it can be registered without the consent of the other co-owners.
Until 2013, municipal or departmental socially rented housing was subject to the same rules as for housing in shared ownership. Only minor children could be registered without the consent of other adults living and registered in the apartment. However, these rules were revised at the initiative of the Ministry of Construction. Now, for registration in social housing of the spouse or parents of one of the tenants, the consent of the other tenants and the landlord is not required. A written application with a request to register your close relative without the consent of the rest of the tenants is enough.
Brothers, sisters, uncles, aunts and grandparents do not fall under these rules. They apply only to adult children, parents and spouses of the tenant. In addition, when registering, social and sanitary standards for living space per person are taken into account. If people are already registered in the apartment at the maximum number square meters, then to register without the consent of the other tenants or even with him, it will still turn out only a minor child.
In addition, it is necessary to know and remember that registration in a dwelling gives a person the right only 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 homeowners, cannot sell, donate or mortgage an apartment. Moreover, in cases of registration of other people there, his consent is not required. However, if a child is born to such a tenant, he will still be registered in the apartment without the consent of the owners.
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