From time to time, people are interested in a document called a certificate of cohabitation. What it is? What is it for? And how is it proposed to arrange it? We will try to answer all this and more further. It's actually not that hard to do. And a citizen will be able to turn to various authorities for help. The algorithm of actions is simplified to the maximum. Therefore, the task is considered quite easy.
Legal features of citizens in an unregistered marriage
In accordance with Ch. 3 tbsp. 10 of the Family Code, the state recognizes as legal relations a marriage concluded only in the civil registry office, with mandatory inclusion in the registers. Such registration automatically initiates family legal relations protected by the state. This includes various forms of social protection (inheritance of material and other assets, property rights, collection of alimony, etc.). In an unregistered family, each spouse acts as a free citizen who is not endowed with the rights of an official spouse.
Examples:
- Each of the spouses has only the property for which ownership has been registered (acquired, received as a gift, inherited, etc.) or part of the property in the amount of the contributed share. The legal consequences of the presence of joint property arising in the family are not realized here.
- The joint earnings of spouses living in cohabitation are not recognized as their common budget.
- In the event of a divorce, such spouses do not inherit obligations under credit relations and promissory notes.
- In the event of alienation or seizure of property (apartment, car, etc.) of the husband or wife, the consent of the second spouse is not required, and the partner is not notified.
- In court or during interrogation as part of operational-search activities, one of such spouses is obliged to testify against the husband or wife, since he is not a legal relative of the accused.
In cohabitation, the only rights and obligations that may arise relate to common children: payment of education, allocation of funds for maintenance, payment of alimony. But this requires documentary evidence of maternity and paternity.
How long does it last?
The validity period of Form 9 is important for real estate transactions. In this case, the information provided in it is valid for 30 days .
If the certificate is required for submission to other authorities, it is valid for an unlimited period . Updating the information is necessary only if there are changes in the composition of the premises registered on the premises.
Read on our website about the rules and procedure for registering a minor, including depending on the form of ownership of the premises, how to register him with his father or mother, and what to do with registering a child if the parents are not married.
What to do in case of refusal to recognize a marriage
In practice, 99% of cases considered by courts for the recognition of civil marriages end in refusal. The only reasonable solution is to register the relationship in the manner established in Russia, through the civil registry office. The family automatically falls under state protection in accordance with the provisions of the Family Code.
Otherwise, the resolution of all material and non-material issues for persons in informal cohabitation takes place within the framework of civil law relations for each member of such a family - individually.
When information about place of residence is required
The certificate is presented in places where documentary evidence of the citizen’s place of residence is required. This is necessary in several situations:
- When applying for subsidies and benefits . If, for example, a large or low-income family wants to apply for benefits or compensation, then the social security authorities will ask for a certificate from the place of registration.
- When selling real estate . The buyer needs information about registered persons at the address of the property being sold. The seller must check out all registrants in advance.
- To receive medical care . We are talking about receiving free medical care of a special nature, as well as the assignment of disability.
- Upon entering into an inheritance . To register an inheritance, a notary must request a certificate from the place of residence of the deceased person.
- To improve living conditions . To get in line to receive assistance to improve your living conditions, you need to document your place of residence. A certificate is also required when applying for a social mortgage.
- When registering for educational institutions . When submitting documents to a school, this certificate is required to determine which school the future student belongs to.
- When contacting the judicial authorities . Some civil cases are considered in court only after a certificate is provided.
- When registering for military service.
There are other situations where a certificate from the citizen’s place of residence is required.
Signs of a civil marriage
From a scientific and legal point of view, a civil (secular) marriage is a marriage union registered in government bodies that have the appropriate competence, without the participation of the Christian church. In our article, under this term we will consider forms of unregistered cohabitation, which, nevertheless, have actual characteristics of a family.
In practice, in the process of long-term cohabitation under one roof, a certain internal structure is formed, based on the satisfaction of mutual needs, a joint budget is planned, a common household is maintained, property is acquired, children are born and raised, and social ties are jointly maintained. If such signs are present, the union of a man and a woman has the status of unofficial cohabitation.
Where to get
Where can I get a certificate of cohabitation of people? There is no clear answer to this question. As already mentioned, to implement the task a person can turn to different authorities.
For example, in:
- MFC;
- Federal Migration Service of the Russian Federation;
- Passport Office;
- management company at the place of registration;
- passport and visa centers;
- migration services under the Ministry of Internal Affairs.
Is it possible to request an extract of the prescribed form via the Internet? Yes, but it is offered to do this only on one web resource. We are talking about “GosGosGosGet”.
After some time, you will need to come to the selected registration authority with your passport. The invitation will come to your “Personal Account” on “Government Services”.
It is impossible to take the document - what to do?
If none of the methods for obtaining a certificate are successful, you can try again to contact the authorities of the place of deprivation of liberty. It is better to draw up a written petition in which you politely ask for a long meeting with the prisoner. Claims, threats and demands should not be contained in the petition. It would also be a good idea to immediately collect all other required information:
- blood test for RW, HIV and viral hepatitis C;
- conclusion - from a gynecologist, dermatologist, venereologist, therapist;
- fluorography.
Some of these certificates may not be required for visits. But, depending on the rules of the correctional institution, it may be necessary to submit additional medical documents.
As practice shows, the heads of prisons and colonies often do not prevent convicts from having meetings with their common-law wives. But in order for such a chance to arise and the management to agree to the meeting, the prisoner himself must behave in an exemplary manner while serving his sentence and be characterized only positively. Sometimes providing a certificate is not required, but if you still need it, you should try to get it again by going through all the authorities that issue such a document.
The housing department or house management company rarely refuses such requests. If you correctly state your request and invite three witnesses to the meeting, the office will agree to help and sign the paper.
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Why do they ask for a certificate of civil marriage for a visit in prison?
Such a document is not necessary in all cases.
It depends on the type of dates the common-law spouse wants to go on. Meetings happen:
- short-term;
- long-term
In the first case, visits are limited to 4 hours, and in the second – 3 days, with the possibility of living with the convicted person in a special room. Also, long meetings are allowed for 5 days if they are held outside the correctional institution. But in any case, only the head of the colony determines the place and procedure for a long meeting.
The number of such meetings depends on the place of detention of the citizen and the severity of his punishment. For example, if a common-law husband is kept in a general regime colony, he is entitled to 6 short-term and long-term meetings. But if a strict regime is established, then only 2 of each type.
It is in order to go on a long date that the unofficial spouse, as a rule, must submit a certificate confirming the actual marital relationship between her and the convicted person. After all, she cannot play the role of a close relative.
The guaranteed right to live together during long-term visits is granted to:
- legal spouses;
- parents;
- children;
- adoptive parents and adopted children;
- brothers and sisters of the first degree of kinship;
- grandparents and grandchildren.
Other persons, as stated in Article 89 of the Penal Code of the Russian Federation, are allowed to attend long meetings with convicted persons only with the order of the head of the correctional institution. Therefore, some of them require proof that, despite the absence of a registered marriage, the prisoner has a common-law wife with whom he lived together and ran a common household before the court verdict. In addition, a certificate of unofficial marriage will confirm that long meetings will not negatively affect the behavior of the convicted person.
In any case, if the head of the colony requires a certificate, it means that he is ready to agree to a meeting and will not refuse long visits, since according to the law, a common-law wife has no right to them at all.
The courts often side with common-law wives when they file lawsuits challenging the actions of the correctional institution (denial of visits). For example, the appeal ruling of the Tambov Regional Court dated September 10, 2012 in case No. 33-2530 left the decision at first instance unchanged.
According to the court, the lack of meetings can negatively affect the behavior of the convicted person, as well as further relationships in the informal family.
Recognition of civil marriage as legal: judicial practice
Alas, Russian judicial practice does not allow civil marriage to be recognized as legal, and property issues of members of such families are resolved on a general basis. The heirs are the direct relatives of the spouse who owns the property, and recovery of amounts voluntarily spent on the needs of the family that are not documented is impossible.
Examples can be found in cases already considered by the court. For example, case No. 2-2159/2019 on a claim for the recovery of unjust enrichment. During the court hearing, the Supreme Court considered the claim of Maksyutov S.G. against Leonova N.N. for the return of the amount spent by the plaintiff on the acquisition and renovation of joint housing on a plot with cadastral number 50:31:0020102:13.
The rights to this land plot in accordance with the purchase and sale agreement belong to Leonova. It was she who, under the terms of the relevant agreement, paid the seller 2,698,000 rubles.
When Maksukov stopped cohabiting with Leonova, he demanded that she return the funds he spent in the amount of 9,400,000 rubles, of which expenses amounted to 6 million rubles. documented. The plaintiff believes that for Leonova this money is unjust enrichment.
Since, according to the law, cohabitants do not have mutual obligations and do not have joint rights to property, and Maksukov knew about this, the court recognized Maksukov’s expenses as voluntary and not subject to recovery, leaving the claim unsatisfied. Basis - clause 4 of Art. 1109 of the Civil Code of the Russian Federation.
Such a family union can be recognized in court if it was concluded before 1944, or if the legal norms of another country are applicable to the family, allowing for the possibility of official recognition of cohabitation.
Where and to whom is the document issued?
A certificate of residence is issued only to the owners of residential premises and registered persons. Unauthorized citizens can also order a document, but only with a power of attorney certified by a notary.
If a certificate is needed to register a child in an educational institution, then its official representatives must apply. It is worth considering that by law, minor children must be registered together with their parents (one of them) or guardians. And if the certificate indicates that the child lives separately, then government organizations will definitely pay attention to this.
You can order a certificate in several ways:
- In the Management Company or Housing Office.
To obtain a certificate, you only need a passport. An extract from the house register can also be issued, which contains a little more information than a certificate from the place of residence. - At the MFC.
You can contact the multifunctional center on a first-come, first-served basis or by appointment at a specific time. You must have with you the passports and birth certificates of all registered persons, as well as a house register. - At the Federal Migration Service.
The certificate is issued according to the passport, but contains information only about the applicant. This document is suitable in cases where information about the place of registration of a citizen is needed. - Through State Services.
After registration and identification on the State Services portal, the service of ordering a certificate of residence becomes available. - In a court.
The request is made by the court when the owner applies to deregister a person who does not live in the apartment.
Some organizations independently request the necessary information: the prosecutor's office, the Pension Fund, the police, etc. But in most cases you have to do it yourself. The period for issuing the certificate depends on the organization itself. In most cases, the document is prepared within 3 business days, but it is possible to receive it on the day of application.
Content requirements
Confirmation of the registration of children, like any other citizen, is carried out through a special form called Form No. 9. It has a certain content.
The law, represented by Order of the Federal Migration Service (FMS of Russia) dated September 11, 2012 N 288, regulated the content of form No. 9.
It contains :
- to whom it is issued, i.e. Full name of the minor resident, his year of birth;
- type of registration, its date;
- address;
- a list of citizens registered at this address, degree of relationship, age, type and time of registration;
- name and details of the basis for moving into the apartment (orders, orders, agreements);
- composition of the dwelling (number of rooms with indication of living space);
- to whom the paper is issued;
- attachments (additional or special information about residents, availability of reservations, etc.);
- where this certificate is required to be submitted;
- date of issue, signature and transcript of the person who issued the paper, with a telephone number for clarification.
This is a standard form that will be issued to both an infant and an elderly resident according to a single established model.
Find out from our articles about how to register a child at the place of residence of the mother or father, as well as whether it is possible to register a minor separately from his parents, for example, in his grandmother’s apartment, and how issues of registration of a child are resolved if the parents are not married .
