Consent to live together: how to register a wife with her husband in a municipal apartment if he is against it?

The legislative framework

Registration of residence in a municipal apartment differs from the same process, for example, for private property. Registration authorities, in accordance with the law, will have to present completely different requirements.

For every citizen, when contacting various authorities, it is important that the issue is resolved as quickly as possible. Knowing what documents will be needed and what requirements will be presented, everything can be done in a short period of time.

A municipal apartment under a social tenancy agreement is provided by the relevant municipal authorities, and the one who enters into the agreement is the tenant.

According to the law, in order to register a new citizen in a municipal apartment, the consent of all residents registered in it is required. The only exceptions are minors (under 18 years of age).

Those who cannot appear and attest to the fact of registration can:

1. Issue a power of attorney to the representative.
2. Certify the consent for the citizen’s registration with a notary and hand it over to those who will be present.

Registration can be:

• constant;
• temporal.

However, the process does not change regardless of the type of registration.

Where to contact?

How to register a husband and wife for municipal housing?

First of all, decide how you will do this - via the Internet or pay a visit to the passport office.

To register a wife with her husband in a municipal apartment, the following options are available:

• passport office of the Management Company;
• ATS;
• Internet portal of State Services.

It’s better to choose the Department of Internal Affairs - the procedure will be faster.

You can learn how to register at your place of residence through the MFC from our article.

Who can be registered in a municipal apartment?

Registration at the place of residence in municipal housing is divided into two types:

• when a relative is registered (children, brothers, sisters, parents, spouse);
• when it is necessary to register a stranger.

The differences are significant: when registering a relative, the living space standards per person are not taken into account.

Registering a stranger is much more difficult. Necessary:

1. Obtain permission from the municipal authority that provided the living space.
2. Obtain the consent of everyone who is registered in this apartment.
3. Make sure that the square footage standards comply with the law adopted in the territory of the municipality.

As for the registration of a spouse, everything is quite simple. However, after registration, you will have to change the social tenancy agreement itself in the part where the tenant’s family members are indicated.

Is it possible to register a wife with her husband in a municipal apartment?

The tenant has the right to register his spouse in a municipal apartment, and the consent of the landlord is not required. The same feature remains when registering minor children.

As stated in the Housing Code, registration is possible with the consent of all residents registered in it. But what if one of them is missing and will not be able to appear in the city for a long time? The situation seems extremely difficult.

Without the consent of the residents

It is important that even if consent to registration is required, only those persons who have a share in the apartment according to the social tenancy agreement are considered important.

If the tenant is a spouse, then you can register at your place of residence in a municipal apartment without the consent of all residents. If the employer is, for example, the mother of the spouse, then this opportunity is not provided. After registration, the spouse will not have the right to his share, unless otherwise provided by the contract.

The process of applying for registration itself cannot be called complicated, however, there are some nuances here.

How to register for a non-privatized apartment

It is better to carry out the registration process step by step, remembering to comply with the established standards:

• The main employers are usually spouses, their parents and children. Confirming family ties is easy.
• You will have to obtain written permission from the registered residents and the tenant, especially when the person is not considered a relative.
• You should definitely contact the local government in order not to violate living space regulations and obtain consent from the landlord. On average they range from 14 to 18 square meters per person.
• Residents must visit the passport office or the nearest FMS office, where a standard statement of voluntary consent of all residents will be signed. If there are claims from at least one person, then you have to look for a compromise and come to an agreement.
• To register minor children and close relatives, it is not necessary to obtain permission; it is enough to collect a package of documents. Their list varies.
• The submitted application for registration (Form No. 6) is signed by the tenant and the new tenant. If he still has a registration at his previous place of residence, then fill out the lower part, which is then torn off and sent for deregistration.

It takes several days to review the documents. After which a corresponding entry is made in the passport confirming the new place of residence.

Relative and non-relative

When a relative registers in a non-privatized apartment, the degree of relationship is always taken into account:

• It is easy to register a husband and wife, their parents and children, since there is no need to ask permission from other residents.
• Distant relatives include grandparents, brothers and sisters, uncles and aunts. It is necessary to come to an agreement with all interested parties, because in the future they will have to sign a statement of their consent.
• One of the spouses is simply obliged to register the other half on the area in order to be able to participate in privatization on an equal basis. To do this, simply prepare an application from the employer.
• A minor child is registered in the same way. If both parents are provided with living space, then one takes over the registration after receiving written consent from the other. However, upon reaching adulthood, permission from family members or neighbors is required.
• The same conditions apply to non-relatives. In addition to approval, it is impossible to do without the approval of the authorities. They pay attention to footage and solvency, which are often fundamental criteria. Rent payments are made on time.

After reviewing the documents in the social tenancy agreement, amendments must be made to the section regarding the composition of residents. A new citizen who has received certain rights will be included here.

Spouses

One of the responsibilities of the spouse is to provide living space for living together. Registration will take place as soon as possible; the consent of other residents will not have any significance.

In addition to passports or identity cards, you must provide a marriage certificate. During the registration procedure, the presence of the wife and husband is considered mandatory. They must affix their signatures to official papers.

A civil marriage leads to certain complications and the case cannot be ruled out in court.

In the future, this will help to quickly register the child and participate in the privatization process.

It should be understood that the property is at the disposal of the municipality. First of all, he must give permission for registration. It will also not be possible to exchange or privatize an apartment without this.

With debt

Debts on utilities or loans are not that uncommon. They arise for various reasons.

An apartment with debt can bring many unpleasant surprises after registration. Collection often goes through the courts, which have the right to seize the debtor’s property.

The bailiffs may simply remove the most valuable items if they cannot thoroughly prove that they belong to the new tenant by presenting receipts and title documents.

To avoid such a situation, it would not hurt to clarify this issue in advance and try to find housing without such a burden.

Departure address form (form 7)

Minor child to mother or father

The registration of a child is subject to certain circumstances.

Age plays a big role here:

• a newly born baby is registered after providing a birth certificate, without informing other residents;
• if there are two apartments belonging to a wife and husband, it is impossible to do without the written consent of one of the spouses (the paper is certified by a personal signature and notarized);
• in addition, a certificate is prepared stating that the child is not registered at one of the addresses;
• It is prohibited to discharge a minor unless new housing is provided and the child must be registered with his mother or father.

If the apartment is privatized and it is to be sold, then permission must come from the guardianship authorities that protect the rights of the baby.

Without the consent of all residents

The issue of approvals with residents remains the most sensitive. When registering for a municipal apartment for a spouse, their parents and minor children, no special difficulties arise.

The owner will be able to prepare a minimum package of documents independently and carry out registration in a few days.

The registration of other relatives and strangers is fraught with uncertainty. One of the residents may persistently refuse this request when it is necessary to collect all statements with written consent.

There are two ways out of this situation. In the first case, every effort must be made to resolve the problem peacefully and present convincing arguments.

When the tenant is absent for a long time and is, for example, on a long business trip, a person with a notarized power of attorney can sign for him. It will not be possible to register another tenant if there is no agreement.

True, circumstances arise that will make it possible to carry out the planned registration.

Strong arguments for discharging a dissenting tenant include:

• long absence from the premises for unknown reasons;
• periodic failure to pay utility bills for six months;
• endless rows and violations of public order;
• using your space for purposes other than its intended purpose;
• one of the former spouses may move to another apartment and not appear again.

The law will allow eviction, the contract will be terminated immediately after the court verdict.

Procedure for registration in a municipal apartment

First, let’s figure out where to go to register your spouse. There are several options:

• passport office of the management company;
• MFC of your area;
• territorial branch of the Federal Migration Service.

Depending on where you go, the registration deadlines will change, but only slightly. The procedure itself will only take a few days, as it is carried out by the Federal Migration Service. If you contact them, a stamped passport will be issued within three days after submitting the documents.

Required documents

Before submitting documents, make copies of them and attach them in a separate package. All of them are important during the procedure. You will need:

1. Civil passports of the registered person and the employer in accordance with the social tenancy agreement.
2. Application in the prescribed form for registration.
3. Social tenancy agreement (can be replaced with a move-in order).
4. Departure slip (may not be provided).
5. Written consent of all registered adults in the apartment (if the tenant is a spouse, it may not be provided).

As for the departure certificate itself, it is often required by the housing department, which is unlawful.

By law, a citizen has the right to be discharged from his previous place of residence automatically at the request of the Federal Migration Service, which is carried out by the employees themselves. They do not have the right to refuse registration simply because of the absence of a departure certificate. If this happens, then you can safely write a complaint to higher authorities.

Where to submit documents

In this case, there are several options.

You can use the following methods:

• passport office of housing department (management company);
• department of the Federal Migration Service at the place of residence;
• MFC branch;
• unified Internet portal “State Services”.

The time frame for registration will depend on which option is chosen.

In any case, it is carried out by the Federal Migration Service, so applying directly to the department of this service will be the fastest - registration will take 3 business days.

In all other cases, the terms will increase, but only slightly. The procedure is free of charge and no registration fees are charged.

What documents will be required

Before submitting documents, you need to make copies of them; they will be required. You will need to collect the following package of papers:

• passports of the employer and the registered person;
• application for registration in the prescribed form;
• written consent of each of those registered;
• social tenancy agreement (or move-in order);
• copy of personal account;
• Marriage certificate;
• departure slip.

The last document is included in the list, as it is often required at passport offices. But this is illegal. According to the law, a person can be automatically discharged at the request of FMS employees. Registration cannot be refused due to the absence of this document.

Another caveat is that the application must be filled out only by the employer personally.

If all other documents are in order, then the registration procedure will be completed within 3-5 days, after which the new resident will receive his passport back with a registration stamp.

As for the registration of temporary registration, it is carried out in the same way, but instead of a stamp in the passport, a certificate of temporary registration is issued, which will indicate specific periods of residence.

Registration through court

If it was not possible to reach an agreement and the registration process has reached a dead end, the judicial authorities can help. You need to go to the district court at the defendant’s place of residence.

The statement of claim must indicate:

• name of the court;
• plaintiff's details;
• justification for the illegality of the refusal;
• request to register.

The justification must be drawn up correctly, with references to the legislation, so the help of an experienced lawyer in this case will be very useful.

As a rule, the court takes about a month to consider such cases, then a decision is made. If it is positive, the passport office will carry out the registration procedure based on the court decision.

Rights and responsibilities of a new tenant

A tenant registered in an apartment will have the same rights as others to use common building and apartment property.

But he is also obliged to share the responsibilities for maintaining the home and paying rent with everyone, since they will naturally increase.

Also, a spouse can become a co-owner of housing by taking part in the privatization procedure.

And it is worth realizing that if family relationships do not work out, this will not affect the right of ownership. This is partly why the process of obtaining consent is often so difficult that the case ends up in court.

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