After the two halves have legalized their relationship, they begin a new stage of life, which is associated with living together. Usually one of the spouses moves in with the other. The moving process involves many nuances, but the main one is official registration. If a person changes his place of residence, he must be officially registered there. The question of how to register a husband with his wife in a privatized apartment, or vice versa, arises quite often among newlyweds. The procedure for registering a spouse in privatized housing has many nuances that you should definitely familiarize yourself with before registering.
The article will discuss the legislative framework that regulates the issue of official registration of a spouse in an apartment, as well as all the nuances and difficulties that may arise during such a procedure.
Why do you need to register your spouse?
The legislation of the Russian Federation does not directly indicate that a husband is obliged to register his wife in privatized housing or vice versa. But, according to the Family Code of the Russian Federation, spouses are obliged to support each other’s well-being. Moreover, problems with the lack of registration may arise when you have to apply for a loan or get a new job.
If the living space is not in the common possession of the spouses, then the husband can decide on his wife’s registration based on his wishes. Otherwise, if there is housing in common ownership and the husband refuses to register his wife, she has the right to file a claim in court.
If a spouse changes his place of residence, he must register there. The issue of registration may be complicated due to the consent or disagreement of the relatives of the apartment owner or his officially registered cohabitants.
If the living space is privately owned by the spouse, then it will be easier to register the other half there. According to Art. 31 of the Housing Code of the Russian Federation, you will not have to obtain permission from other residents of the apartment in such a situation.
If the living space is in common ownership, there may be nuances in obtaining consent from the cohabitants.
Possible difficulties and recommendations on how to avoid them
Registration without ownership rights gives a citizen only the right to use housing. He cannot sell it, donate it, rent it out, and so on. That is, registration allows the registered person only to live there.
It is possible to discharge a relative without his consent, like any other person, only through a judicial procedure. In the case of a minor, this is quite difficult even through the court.
You can protect yourself from force majeure circumstances by concluding a notarial agreement with a relative , which will clearly state the conditions of living in the apartment, if not met, he will be forcibly evicted. If there is such an agreement, the deregistration will also be carried out through the court, but much faster - the owner will have indisputable evidence that he is right.
The owner also needs to remember that fictitious registration is subject to liability under Article 322.2 of the Criminal Code of the Russian Federation:
- Correctional work.
- Material penalties in the amount of 100,000 to 500,000 rubles.
- Imprisonment for up to 3 years.
You can avoid an unpleasant situation due to the registration of a relative or a stranger in your living space if you draw up a notarized agreement and comply with legal requirements.
Consent from common apartment owners
The issue of a wife registering with her husband in privatized housing, or vice versa, can be resolved without problems in the case where the square meters are privately owned by the spouse. The situation is completely different if the apartment is owned by several cohabitants. In this case, in order to register a new person in a residential area, it is necessary to obtain consent from all other citizens living in this territory.
In obtaining such an agreement, many nuances and problems arise, since not everyone is waiting for a new tenant. Registration in an apartment does not give any ownership rights to the new neighbor. But at the same time, many people simply do not want to register someone. If, for example, the spouses quarrel and get divorced, then it will not be so easy to remove the husband or wife from the home. Here you will have to go to court, and this is a waste of time. In addition, in resolving such issues, representatives of the judiciary very often give a delay. If the question of the spouse’s discharge becomes very pressing, you may have to sell the home, but at a large discount due to the presence of encumbrances on it.
But, even if the co-owners are against registering a husband or wife in the apartment, there are ways to obtain their permission. To do this, you can take the following measures:
- submit a written application for registration (it is very rarely accepted);
- file a claim with the judicial authorities;
- make your spouse an official co-owner of your part of the living space - for this you do not need to obtain permission from anyone.
Grounds for permanent registration in the owner’s apartment
The owner of a residential premises has the right to register any person in his apartment/house , including non-relatives. The basis for registration will be the absence of registration records from the citizen and the presence of legal property rights from the owner. If there is more than one owner, then the registration of another person will require the consent of the other owners.
However, if one of the homeowners will register in the apartment, then you do not need to obtain permission to do so. In all other cases, registration of a relative is impossible without the permission of the owner of the property.
What laws govern the registration of a spouse in an apartment?
In order to pee a husband in his wife’s apartment in privatized housing, you need to familiarize yourself with the following legislative acts:
- FMS order No. 288;
- Housing Code;
- Government Decree No. 713.
In Art. 31 of the Housing Code of the Russian Federation states that all family members of the person who owns the housing have the right to use this apartment on an equal basis with its owner.
PP No. 713 specifies the procedure for registering at the place of residence with the relevant authorities.
If the living space is owned by municipal authorities, then both spouses must apply to the local administration to register one of them.
Is it possible for the following relatives to register, under what conditions?
The registration algorithm does not change, regardless of who is related to whom. The number of registered residents is not limited by law. But, if the migration service determines that the owner of the property is providing ] fictitious registration[/anchor], he faces a fine or restriction of freedom.
Spouses (wife to husband and vice versa)
The Family Code obliges spouses to take care of each other, but there is no requirement regarding registration. A husband at the place of residence of his wife or a wife with her husband can register only on a voluntary basis with the consent of the second spouse.
An exception is the case when the real estate is joint property, and the owner (one of the spouses) does not want to register the second spouse. In this case, the party whose rights are infringed can go to court and resolve this issue in this manner.
Reference! If we are talking about a municipal apartment rather than a privatized one, consent to registration will need to be obtained from the local administration.
Parents and children
The place of residence of minor children is the place of residence of their parents (Article 20 of the Civil Code of the Russian Federation). Children are also registered at the place of residence of the father and/or mother), the owner’s consent is not required. In case of separation, registration of the child by place of residence is carried out with the consent of the parent with whom the child will not live.
Can a mother register with her child? As for the registration of parents in the living space of children, there are general regulations for such a procedure - an adult child owner of the property must provide permission to carry out such a procedure.
Guardians and wards
According to the Federal Law “On Guardianship and Trusteeship”, the guardian does not have the right to use the property of the ward. In the case of guardianship of a minor, the place of residence of the ward, as well as their relatives, is the place of residence of their legal representatives (Article 20 of the Civil Code of the Russian Federation).
This means that the guardian must have his own living space for sharing with the ward. So to the question of whether a guardian can register in the apartment of the ward, the answer from the law is negative.
If there is a need to register a child under guardianship in the territory, you need to contact the guardianship authorities for permission . If the ward is an adult, then in order to live and register at the place of residence of the guardian in the territory of the ward, you will need to contact the social security authorities for permission; if they refuse, the issue must be resolved in court.
Registration of a warded child in the guardian's apartment occurs on the basis of Art. 20 Civil Code of the Russian Federation. There is no requirement to obtain the consent of the guardianship and trusteeship authorities for this in the Registration Rules of the RF PP dated June 17, 1995 No. 713. According to paragraph 28, minors under 14 years of age and living with their legal representatives are registered on the basis of an application for registration at the place of residence and attached documents.
You can register an adult guardian in an apartment if he permanently resides in this territory, agrees to be removed from his previous place of residence, and the consent of other owners of this living space (if any) has been obtained.
Grandchildren to grandparents and vice versa
Until a child reaches 14 years of age, it is possible to register his place of residence with his grandmother only with one of the parents (Article 20 of the Civil Code of the Russian Federation). After 14 years of age, a child can independently register with his or her grandparents. A grandmother or grandfather can “introduce” their grandson into their living space without his parents only if they are the guardian.
As for the registration of grandparents and grandchildren, the procedure is standard - consent of the owner (or owners) and a standard package of documents, which will be discussed further.
Others
Registration of other relatives is carried out on a general basis, unless otherwise provided by law. In the case of registration of a distant relative or even a stranger, it is better to apply for temporary registration (read about the differences between temporary and permanent registration here).
Where should I go when submitting documents for registration?
In order to register a wife with her husband in privatized housing or vice versa, spouses must collect a package of certain documents. They must contact one of the following organizations with these documents:
- MFC;
- district passport office;
- Department of the Federal Migration Service;
- in electronic form to the State Services website.
The application itself is drawn up in the form specified in Order No. 288. It must contain the following information:
- full name of the body to which the spouses apply;
- passport details of the persons making the application;
- previous place of residence of the spouse;
- address of the apartment where the spouse will be registered;
- reasons for registration.
Reasons for registration may include the following documents:
- for municipal housing - a decision of the authorized body;
- for private housing – the owner’s decision.
If the application is completed correctly and accepted, applicants will receive a document confirming that their application is being considered. Such a document may be needed by the spouse who is being registered for law enforcement purposes.
For citizens of the Russian Federation, such services are absolutely free. If the wife or husband are citizens of another country, they must pay a state fee of 350 rubles. The period for consideration of such an application is about 10 days. Next, the husband or wife needs to contact the relevant authorities again to get a stamp in their passport.
How to apply - step-by-step instructions
The registration procedure is as follows:
- Collection of necessary documents.
- Submitting documents to the MFC or the Main Department of Migration of the Ministry of Internal Affairs, filling out registration form No. 6.
- The owner of the property must be present with the person who will be registered - he submits documents and an application.
- The application is accepted for consideration - from 3 to 8 days.
- If everything is in order with the documents, then a stamp is placed in the passport for an adult, and a registration certificate in Form No. 8 is issued for a minor.
The basic package of documents is as follows:
- Civil passports - the owner and the person being registered.
- Written consent of the remaining owners.
- Title documents for housing.
- Technical plan of the apartment.
- Departure sheet for the person being registered (if the person has already been discharged).
- Owner's application for registration.
Such transactions are not subject to state duty.
The registration procedure in apartments, studios, and also in prisons has some nuances.
Procedure
Registration of a wife in her husband’s own apartment is carried out in the following steps:
- Preparation of documents;
- Submitting an application to the authorized body;
- Obtaining a permanent registration stamp in your passport.
Documents required for registration include the following:
- Passports of the parties;
- Marriage certificate;
- Extract from the Unified State Register of Real Estate about the owner of the apartment;
- Wife’s certificate confirming deregistration at her previous place of residence;
- Receipt of payment of state duty (for foreigners).
In the case where the apartment is rented by the husband under a social tenancy agreement and is in municipal ownership, a decision from the authorized administrative body to register the spouse on the basis of kinship.
Such a decision can be obtained by contacting the housing department of the local administration with a statement of desire to register a spouse in the apartment.
Housing department employees review the application within 30 days and issue a permit or refusal.
When deciding whether to provide the tenant's wife with the opportunity to register for municipal housing, the number of square meters in the apartment occupied by the husband and the compliance of the area with the standards for occupancy of two people are taken into account.
A refusal may be obtained if the living space is not intended for two persons to live in accordance with the standards for the minimum area for one person to live in, adopted in a given region.
