According to stories from friends about the problems associated with registering a new tenant in an apartment, some citizens come to the erroneous conclusion that in the future they will have to share the property with everyone registered in its living space.
Photo: zatulin.ru
In reality, registration only gives the right to legal residence and use of the provided amenities until the expiration date of registration.
Registration of minors in the apartment.
In accordance with Art. 20 of the Civil Code of the Russian Federation, children under 14 years of age must live in the same place as their parents or legal representatives.
The Housing Code (Article 70) states that consent to register a minor from other relatives living in the apartment is not required.
If the parents live separately, then the child’s place of residence is established by agreement (Article 65 of the RF IC). Thus, it can be prescribed to both the mother and the father.
If the parents do not reach an agreement, the child’s place of residence is established in court, initiated by one of the interested parties.
If spouses are registered in different residential premises, then when registering a minor, the consent of the other party is required. At the same time, the personal presence of both parents is not necessary during the procedure.
A child has the same rights regarding real estate as adult citizens. He may be the owner of a residential property.
However, the right to real estate owned by the parents does not automatically pass to the children.
Why is it necessary to register a newborn at the place of residence?
Registering a child in a living space is not an ordinary formality. Without it, some legal consequences are impossible:
- obtaining compulsory health insurance;
- registration of various benefits for the mother or receipt of “maternity capital”;
- participation in the queue for enrollment in a preschool institution by social security authorities;
- permission to leave the country of residence.
Also, upon registration, in addition to only utilitarian purposes, registration in the parents’ apartment gives the child both the right of residence and the right to use the home, which remains with him until he reaches adulthood.
Children's rights in a non-privatized apartment.
A child is registered in the property if his parent is the employer or one of his family members. A minor under 14 years of age must live in the place where his mother or father is registered.
At the same time, the consent of other persons who are registered in the apartment is not required in order to register the baby.
The rights of a minor child registered in an apartment that is not privatized are as follows:
- mandatory participation in privatization, as a result of which a minor is allocated a share in real estate;
- a child cannot be evicted while one of his parents lives there;
- a minor has the right to use housing even after reaching 18 years of age.
It will not be possible to forcibly remove a child from the property, since the consent of the guardianship authorities is required.
Deregistration of a minor is possible only if he is simultaneously registered in another apartment with equivalent living conditions.
Is it possible to discharge a child from the apartment: without the consent of the mother, to nowhere, if he is not the owner.
Acquisition by a child of ownership of residential premises
A teenager cannot acquire ownership of his parents’ living space, nor can they lay claim to his property. According to this rule, upon registration he receives only the right to use the property, but does not become its owner. In order for property to pass into the possession of a minor, it is necessary:
- privatization of living space;
- receiving an apartment/house as an inheritance;
- purchase of real estate or registration of a gift agreement.
Children's rights in a privatized apartment.
In the case where the property is private property, the rules for registering a child are the same as in a non-privatized apartment.
If one of the parents is the owner of part or all of the housing, then the minor is registered in the housing, regardless of the presence or absence of the consent of other share owners.
It should be noted that the rights of a child registered in the owner’s apartment are as follows:
- residence in the property until adulthood;
- registration at place of residence.
Even if the owner of the property changes, the right for a minor to live in the apartment remains.
If the child does not have another place for registration, then the court will side with him and will not allow him to be forcibly deregistered.
The right to use an apartment of a minor can be revoked in court only if the following circumstances exist:
- the child’s parents do not participate in paying for utilities;
- the minor does not live in the apartment for a long time;
- It is possible to register the baby at a different address.
These circumstances are proven in court. At the same time, if the rights of minors are affected, then representatives of the territorial guardianship authorities must be present at the meetings.
It should be borne in mind that in most cases the court takes the side of minors.
Registration of a child after parents' divorce.
The rights of children registered in their father's apartment cannot be violated during a divorce.
Therefore, even with the division of real estate, a minor cannot be removed from registration at the place of residence and forcibly discharged from housing.
A child can only be registered in the apartment or be the owner of a part of it. In the latter case, the minor has the same rights as capable property owners.
The only difference is that any transactions with an apartment are concluded only with the consent of the guardianship authorities.
The sale and other actions with real estate where one or the only owner is a minor are regulated by Art. 37 Civil Code of the Russian Federation.
You can sell or exchange an apartment only if you have received written permission from representatives of the territorial department of guardianship and trusteeship.
Question to the expert
Hello! My first husband and I have been divorced for a long time, the child is registered with his father in a municipal apartment, he is now 19 years old, how can I demand that a room in the apartment be vacated for the child? Could the husband register his new wife and her child in this apartment without my consent, as the representative of our minor child at that time?
Good afternoon Adult children do not have rights to their parents' municipal apartment. Your consent to register someone in an apartment is required only if you are the owner of this apartment.
Apartment for disabled children
Assistance in obtaining property for a disabled child is a priority for the state, since the normal living of a disabled child requires the organization of special conditions. In most cases, people from this category have physical disabilities, which significantly complicates the implementation of everyday or social activities.
Conditions for obtaining living space
Decree of the Government of the Russian Federation N901 describes the rights of a disabled child to housing and the grounds for the family of a disabled child to obtain an apartment. Among these are:
- the apartment in which the family lives does not meet technical or sanitary standards;
- the size of the living space is much smaller than the level established in the Russian Federation;
- other families also live in the apartment or house where the disabled person lives;
- a disabled child is sick with serious chronic diseases, for which he must live alone;
- accommodation of a disabled person in a hostel.
Required documents
To receive property, the family of a disabled child must register as a family that needs improved living conditions. To do this, you need to submit an application and a package of documents to local authorities.
The package of documents consists of:
- extracts from the house register;
- certificates of disability;
- rehabilitation programs for disabled people;
- document about opening a personal account and the corresponding extract.
To claim housing, it is necessary to establish the fact of disability, the cause of disability and the fact that the disabled person needs special types of social care. To do this, federal institutions need to conduct a medical and social examination
Standards for provided living space
A child with a disability has the right to receive an apartment no less than the standards established by law. These standards are set by the local government based on many factors. Also, the premises provided to a disabled person cannot exceed the specified norm twice.
However, the size of the living space for a disabled person can be increased if he suffers from severe chronic illnesses. In such cases, disabled people are given many times more space, because they cannot have contact with healthy people or they need more space for their comfortable life.
Results
- The consequences of registering someone else's child in your apartment entail not only an increase in utility bills, but also difficulties in selling it.
- You can register a minor without asking permission from the owner of the apartment if one of his parents is registered there.
- Registration of other people's children in municipal housing gives them the right to participate in privatization on an equal basis.
- Other people's children who have lived with the owner for at least a year can claim an inheritance. You can protect yourself from such developments by making a will.
- Temporary registration will help you avoid negative developments when registering other people's children with you.
Where should a minor child be registered after the parents' divorce?
Divorce implies serious changes in the lifestyle of all family members, including this will significantly affect the living conditions of the common child.
In addition to financial provision for an acceptable standard of living, resolving the issue of place of residence, as well as other issues, it is very important to immediately think about where to register your own offspring.
You should also consider the following question: is it possible to evict the mother of your minor child from the apartment? If it does happen that the offspring has a residence permit, then whether one of the parties to the conflict can live on this square is a very ambiguous question.
The place of residence of minors who have not yet turned 14 years old, as well as citizens under guardianship, is the housing where their parents or adoptive parents are registered.
Concept
Is it possible to register a child without the consent of the owner?
This means that in order to register your son or daughter at this or that address, you do not need to ask either the owner or any of the inhabitants of the apartment.
You don't even have to be the owner.
It is enough that dad or mom are at least registered in this home themselves . At least even temporarily. To do this, you just need to submit an application and documents to the passport office at your place of stay.
Of course, it is better to coordinate such issues with the owner. Because if he is very much against such decisions made over his head, he will find a way to get rid of the tenants he does not want.
At least through the same sale or donation. And then the new owner will not stand on ceremony with the “encumbrances” and will easily discharge them, regardless of age.
The legislation of the Russian Federation nowhere and in no way prohibits the discharge of minors.
Find out on our website how to register a child at the mother’s place of residence, as well as whether it is possible to register him separately from his parents, for example, in his grandmother’s apartment.
Consequences of registering someone else's child in the event of the death of the apartment owner
We will not consider the situation with the will - it is understandable. The apartment will go to the person indicated as the heir. The latter will have to discharge third-party people through the court after he takes over his rights. This means that for at least a year (six months for inheritance plus six months for litigation), someone else’s child and parent will use the apartment as they want.
The option without a will is even worse. According to Russian laws, a person who lives with the owner for a year is recognized as a member of his family and has the right to inherit a share of the property. Thus, someone else’s child may deprive the legal heirs of part of the apartment.
Divorce in court and determination of the place of residence of children - Family Code
If, while in a formalized relationship, a married couple did not have time to have children, then there will be slightly fewer problems.
All that remains is to divide the jointly acquired property. But if you have children who have not yet turned eighteen years old, you need to prepare for the fact that the process of divorce will be quite long and unpleasant.
There are many legal subtleties here. After a divorce, former lovers go their separate ways. But before doing this, they should sit down calmly and think about the situation.
They must agree on where and with whom their common baby will live. An important point is that it is necessary to find out in whose living space the child will be registered.
As practice shows, events often unfold according to the following two scenarios:
- changing of the living place . The mother has the legal right to remove the child from the father’s living space and register him at her own address. If there is no dispute between the ex-lovers regarding the place of residence of the children, then they simply peacefully agree on further nuances. When it is not possible to reach a general consensus, you will have to turn to the court for help. The judges side with the mother and leave the child to her. At the same time, she has every right to discharge her baby from her former home and register him in her apartment;
- living at the old address . If, after the end of the divorce process, the common children remain to live with the party who is the owner (proprietor) of the cottage or apartment in which they lived and had permanent registration, then there is no need to re-register documents or change other data.
Registration is done on the basis of a written application from the mother and a list of relevant documents, which should include:
- passport confirming the identity of the applicant;
- divorce certificate;
- child's birth certificate;
- the child’s passport, if at the time of submitting documents to the court he was fourteen years old;
- the court's decision.
Specifics of home sales
If a child lives in the apartment or he is a co-owner of this property, then the sale of such an object requires prior permission from the guardianship authorities. If this document is missing, the sale may be invalid.
Obtaining permission from the guardianship to sell such a property is quite difficult, since the parents must already have another property that will be used to register the baby.
To obtain such consent, you must correctly draw up an application that clearly states the purpose of selling the property, and also indicates the address of another property where the child will live. Guardianship officials must make sure that the rights of a minor are not violated in any way.
It is also important to determine whether the child will be resettled in poor living conditions. If no violations are identified, then permission to sell such an object can be obtained.
