Can the owner of a share in an apartment register? Registration in a privatized apartment: what does it give, who and how many people can you register? Is it problematic to register a spouse in a privatized housing

Real estate for most citizens of the Russian Federation is an expensive pleasure. There are problems with the purchase of an apartment, a house in their full form. People are looking for other alternatives that allow them to get a full-fledged residence permit on the living space, albeit on a part of it.

For registration, the number of square meters of living space owned by the new owner is not decisive.

There is no need to purchase half of the room, it is enough to buy a share in the apartment and register.

Types of shared ownership

Common among such real estate transactions are the following types of shared ownership:

• The share is perfect. The living area is evenly divided between the owners, without any additional conditions or amendments.
• Share in kind. The division takes place according to the occupied housing (usually a room), taking into account the footage.

The above norms are directly related to the living space, while the total is divided equally between adult owners. The division into shares in kind and ideal is not considered fundamental, there are exceptions. For example, a studio apartment, by definition, shares only ideal shares. Such a scheme is perfect for temporary registration when entering school.

The acquired share of an apartment for registration solves the issue of registration on a permanent basis according to the law of Russia, which regulates that a permanent registration does not depend on the size of a share of ownership of any type.

It is possible to register a large number of citizens in a one-room living space.

What is it for?

This fact creates questions and difficulties on the part of employees of the passport office, who prevent the owner from registering legally for various reasons. In the overwhelming majority of cases, these requirements are illegal (there are exceptions) and are positively resolved by the decision of the municipal judicial authorities.

Registration of a minor

Registration on a share in the living space of a minor child is possible without the consent of the other owners on the condition of cohabitation with the latter. It will not work to buy a part of the living space only for permanent or temporary registration of a child or children.

Permanent registration of a third party requires notification and a positive decision of all property owners. To register in a new place of residence, you must register with the FMS within a week from the date of arrival. Registration is drawn up within three days after the application is submitted, with a new mark in the passport.

Registration of temporary registration

Realistically issue a temporary registration on your part of the housing. This is done within a period not exceeding 90 days from the date of arrival at the new place of residence. The registration process does not exceed 8 working days. Temporary registration is confirmed by a corresponding mark in the passport. Cases of registration of a third party without the consent of the co-owners are resolved by donating their share.

But this option is controversial and is not always resolved in a positive way. People need a share of an apartment for registration, both temporary and permanent and exclusively for this. Along with registration, a person receives other positive "bonuses":

• Registration of your minor child or children (up to 14 years old).
• The ability to settle permanently in any region of the Russian Federation without large material costs.
• Solving some property issues not related to the share in the apartment.
• Other issues related to the purchase, exchange of high-grade housing.

Lakotkina Yulia Anatolyevna (06/30/2017 at 14:25:28)

Thread author. Property rights for real estate, to which the transfer of title took place after 1997, is certified certificate of ownership. Inheritance certificate is the document on the basis of which registration is carried out property rightsbut is not itself a title deed. In this way before obtaining a certificate of ownership , the other owner will not put you on registration.

According to the Law of the Russian Federation of June 25, 1993 N 5242-1 (as amended on 04/03/2017) "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation" Article 6. Registration of a citizen of the Russian Federation at the place of residence

A citizen of the Russian Federation (with the exception of the case provided for in Article 6.1 of this Law), who has changed his place of residence, must, no later than seven days from the date of arrival at the new place of residence, apply to the person responsible for receiving and transmitting to the authorities documents for registration and withdrawal of citizens of the Russian Federation from the registration at the place of stay and at the place of residence within the Russian Federation, and in the cases provided for by this Law and the rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation, directly to the registration authority with application in the prescribed form. In this case, the following are presented:

passport or other substitute document proving the identity of a citizen;

a document that, in accordance with the housing legislation of the Russian Federation, is the basis for moving into a residential premises, with the exception of cases provided for by this Law and others, or its duly certified copy. If the information contained in the relevant document is at the disposal of state bodies or local self-government bodies. In this case, the registration authority independently requests the relevant document (information contained in it), an extract from the relevant register, other information in accordance with the legislation of the Russian Federation in state bodies, local governments and registers a citizen at the place of residence no later than eight working days from the day he submits an application for and an identity document in accordance with the legislation of the Russian Federation.

for registration a citizen from a home owner is required:

1. Proof of ownership of the home. Depending on whether this apartment is private or municipal, this confirmation can be: title deed, warrant or lease. Usually the employee is given copies of such documents, and the originals are shown for comparison with copies. Registration law allows not to present such documents, but practice shows that with their provision, registration is much faster.
2. Confirmation of the consent of the interested parties. When housing is in personal ownership, then its owners are required to be present when submitting a package of documents for registration of a new tenant, taking their passports with them. The owners give their consent to the registration of a citizen by putting their signatures in a special box. When a dwelling has several owners, they can give one of the owners. The power of attorney must be certified by a notary.

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 - partially - in the Housing Code.

In the absence of a residence permit, problems are possible - and these are not only fines and close attention from the migration service. Without it, it is impossible to get a job, get medical care, arrange children in a kindergarten or school. Let's figure out how registration in shared ownership is made out.

How to register in an apartment with shared ownership

There is no obligatory 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 property arises if an apartment is inherited, given to several people.

Common ownership also arises when buying real estate at the expense. Thus, registration can be made in an apartment that is in common ownership, but subject to a number of nuances.

When registering at the place of residence

For example, the owner acquired or inherited a share in an apartment and now intends to live there. To do this, he must remove himself from the registration register at his former place of residence and apply to the passport office of the management company at the new place (if the passport office is not there, then to the department of the local migration service).

All this combination must be done within seven days from the date of arrival at the 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 the documents by mail in advance, having certified the copies with a notary and submitting an application yourself. Then the date of sending the letter will be considered the date of contacting the FMS, 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 him he has the right. At the same time, the 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 made within 3 days... The corresponding inscription will be made in the passport of the adult owner, and the children will be issued a certificate of registration.

When applying for a temporary registration

How to register a person in an apartment temporarily? It is possible to register in your share temporarily, however, this requires the consent of all owners (the exception is a temporary registration of their 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 stay 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 with an indication of the reason will be issued.

If the owners are against

If one of the owners speaks out against the registration of temporary registration, then nothing can be done about it. Despite the fact that often such refusals have no 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.

Taking advantage of his right of ownership, the new husband can issue a permanent residence permit without any problems. Also, there will be no problems with determining the place of residence of children, if they appear.

Child registration procedure

As 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 registering a residence permit, since the 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 in the application).

The procedure is similar. None of the owners has the right to refuse a registration to a minor, if at the same time he gave his consent to his parent.

Documents for registration in the apartment

For registration of permanent or temporary registration in an apartment with common property, you will need the same package of documents:

• applicant's passport;
• birth certificates for children under 14;
• passports of children from 14 to 18 years old;
• military ID or certificate of registration (for conscripts and military personnel);
• certificate of release from places of confinement (for convicted persons);
• application in the specified form;

• for the owner: certificate of ownership of the share and the document that served as the basis for the acquisition of the share;
• for non-owner: a statement of the owner of the share indicating the length of stay of the tenant, the lease agreement (if any), the written consent of the other co-owners of the apartment (in the presence of personal presence, an oral statement is sufficient).

If you need to evict from housing

What to do if a situation arises when you need to evict an unwanted neighbor? The Constitution and the Housing Code enshrine the right of citizens to live anywhere, and their housing rights are protected. It will not be possible to evict the tenant registered on the living space just like that, according to an application to the court or the prosecutor's office. Especially if he is one of the owners of the premises.

There are only two legal ways to get rid of unwanted neighborhoods:

• offer a neighbor to buy out his share at the market price and oblige him to move out after that;
• challenge in court his ownership of the share.

In the first case, only persuasion and a fairly high price will help. It is inexpedient to go to court to oblige the defendant to sell his share to the plaintiff. As practice shows, 99% of such claims are refused 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 previous owner to sell the living space or in some way deceived him. As a rule, such cases are difficult to prove and one has to resort to the help of a professional lawyer.

However, if successful, the neighbor will not. The new owner can allow him a temporary registration, or he can refuse on full grounds and oblige him to move out.

Video: Share of ownership in an apartment, what can you do with it

In post-Soviet times, the term registration meant registration at the place of residence, without which it was impossible to get a job, send a child to a 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 fixed in the LCD. For violation of the registration rules, a fine is imposed.

Where can a person be registered

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 the allocated share (part) of such objects, it will be registration in shared ownership.

All citizens choose their place of residence themselves. The right to move freely around the country is guaranteed by the Constitution.

The duty of every citizen to be registered at the place of residence or at the place of stay.

Who can I and how to prescribe for my share

The provisions of the Civil Code indicate 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 registering other people on 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.

Young child

The owners do not agree to a residence permit

If it is impossible to obtain the consent of all the owners, but it is necessary to register, the way out of this situation will be to issue a deed of gift for a small part of your share. But such a decision is risky, you can return your share back only in court. And what kind of court will make a decision is unknown. You may have to compensate the former tenant for a part of the area donated in the past.

Permanent and temporary

According to the law, it is possible to register permanently at the place of residence in a room that has the status of a residential one and meets all the standards of living of people specified by the legislation of the Russian Federation.

You can temporarily register on any living space intended for living, even if it does not have residential status. You can temporarily register:

• in hotels and inns;
• sanatoriums, rest homes, camp sites;
• in rented housing.

You need to get registered within one week, and you can temporarily reside at this address for no more than three months.

Do not forget that the presence of each additionally registered in the house register increases utility bills. In the absence of meters for metering devices, the amounts will be much higher than they paid before.

One of the types of private ownership of real estate is shared ownership. The size of the shares is determined by agreement of the parties or by law (for example, in privatization, the number of shares is equal to the number of persons who have permanent registration in an apartment, provided that no one refuses to participate in privatization).

In accordance with modern legislation, the owners of a residential area have the right to reside 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 room suitable for living. For violation of the rules for registration, administrative liability in the form of a fine is provided.

In this regard, in practice, a situation often occurs when the owner, having registered 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 in shared ownership.

Important! The owner of a larger number of 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 is the place of residence of his parents (legal representatives) or one of them.

In all other cases, when it comes to registering spouses, parents, other relatives, or generally unauthorized third parties, 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 get their consent. The way out of this situation, especially when it comes to a spouse or a close relative, is to register a dedication for a small part of their share. In this case, having received the property square meters, the new co-owner will be able to completely legally register on them.