How to register a wife with her husband in a privatized apartment
Today, the institution of registration of citizens is quite popular due to gradually growing problems in this area - violation of the registration procedure, registration in non-existent apartments entailed close control by officials.
- A passport, in which, after registration, the corresponding inscription with a stamp will be added. If another identification document was provided, in this case a document of registration at the place of residence will be issued.
- Application from a spouse to register his wife in his apartment.
- A title document for the apartment confirming that the husband is the owner of the property.
- Consent of co-owners and representatives of minors who live at this address (must be notarized or must be present).
- An extract from the home book (to confirm the number of people living in the apartment).
- Departure sheet from previous place of residence.
- Receipt for payment of state duty.
How to register a spouse in an apartment and not stumble upon pitfalls
This knowledge and timely preparation of the necessary documents will allow you to complete the registration procedure in one visit. Let's consider options for registering one of the spouses in privatized housing, as well as in an apartment where the owner is a municipal entity.
- application for registration (filling out the approved form);
- passports of the employer and the registered person;
- written consent of all residents of the apartment with the exception of persons under the age of majority;
- a copy of the order or social tenancy agreement;
- list of people leaving their old place of residence – if possible!
How to register a wife in an apartment with her husband: features of registration of spouses
There is a set of regulations governing the procedure for registering a wife or husband in an apartment after marriage. The procedure has its own peculiarities and requires attention.
Features of registration of spouses
So, spouses can live:
- on the territory of the spouse:
- on the territory of the spouse;
- in mutually purchased housing.
There are several options for accommodation for both spouses. However, the main question remains regarding the registration of one of the spouses in the apartment.
So, how to register your wife
? Registering a spouse in the husband’s apartment, in general, is not particularly difficult. You need to contact the Federal Migration Service department and submit the necessary papers. In addition, the husband's registration is required.
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However, there is one peculiarity in the registration procedure. So, after the birth of a child to a couple, it will be registered according to the mother’s registration, and therefore, the woman’s place of residence becomes one of the key points that requires special attention.
Separately, it is worth noting that you should not worry that after registering the wife in the territory of the spouse, she will be able to dispose of the spouse’s property. It is a myth! Registration only gives the right to live in a home on legal terms, but does not give the right to enter into a number of transactions.
Registration of the spouse in the spouse's privatized apartment
Let's take a closer look at the peculiarities of registering a wife with her husband in a privatized apartment. Registration must be carried out only at the actual place of residence, i.e. registration at the husband’s place of residence, as well as after the birth of a child or the purchase of a new home. The registration procedure takes place in accordance with the legislation of the Russian Federation, the Constitution of the Russian Federation, a set of rules, and decrees of the Government of the Russian Federation.
Registration of a wife with her husband in a municipal apartment: how to register spouses without the consent of the residents
How to carry out the procedure without the consent of others? In order to register a new family member, you will definitely need the documented consent (and presence at the transaction) of everyone registered on the square meters. Without this, registration will be denied . But if that were the only reason.
d.day Question: The ex-wife, who owns real estate, is registered in the spouse’s apartment. Is it possible to register a new wife there without the approval of the ex? The marriage with the ex was officially dissolved and a new one was registered. Real estate under a social lease agreement.
How to register a spouse in a municipal apartment
Before we begin a detailed analysis of the rights and responsibilities of a tenant when registering in a municipal apartment, it is worth understanding what municipal housing is. Municipal property is property that belongs not to a private individual, but to the municipality, or more precisely to the state. A person is considered the tenant of this property on the basis of a social tenancy agreement. It is possible to rent out an apartment and allow unregistered citizens to live on its territory, but it is not possible to carry out purchase and sale transactions.
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Can the owner register a person in an apartment without consent?
It simply cannot, because, firstly, the apartment was acquired as the property of her husband before marriage - his personal property, it, in accordance with Art. 38 of the RF IC, is not divided in case of divorce (and even if it was acquired during marriage, it is still his personal property, because it was acquired under a gratuitous transaction - a privatization agreement) - Art. 36 IC RF.
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Hello! We really need your help! Privatized 4-room apartment. 3 people are registered (an elderly father - 83 years old, 2 brothers - 40, 47 years old), each with an equal share in the apartment. One of the brothers is getting married. Can he register his wife without the consent of others registered in the apartment? In this situation, with a possible division of the apartment (for example, after the death of the father), does the wife have the right to part of her husband’s apartment if she wants to divorce him? In the absence of a will, after the death of the father, is the father's share divided equally between the two brothers? Can my brother's wife claim a share in this apartment? (she doesn’t have her own living space in Moscow, she lives in a civil marriage with her brother for about 3 years, the apartment was privatized a year ago, they recently decided to get married)
How to divide a mortgaged apartment during a divorce
According to the family code, all property acquired before marriage is considered personal, which means that after a divorce it is not subject to division. However, with the permission of the same family code, the ex-spouse can claim a share in the apartment, since the loan payments were made from the general budget . At the same time, even a non-working person can make demands: the income of one of the spouses in a marriage is considered the common family budget.
The situation is more complicated with apartments taken on a mortgage in a new building. According to the law, ownership of such housing will be given only after the facility is put into operation. Therefore, the situation can develop in two scenarios:
How to register a person in an apartment without the consent of other owners
If the owner's consent has been obtained, is it possible to register in his absence? During the procedure, the presence of the owner of the property and the provision of documents for the property are required. If the owner cannot come in person, he must issue a notarized power of attorney. Is consent certified by a notary required for registration? Such a document is needed; passport offices refuse citizens without it.
- application form for temporary registration (a sample application is provided by the FMS);
- residential rental agreements;
- passports;
- certificates of parents for temporary registration at the specified address;
- marriage (divorce) documents;
- child's birth document;
- certificate that the child was not registered with the father (mother) (although the FMS can receive it through electronic registers).
Apartment owner husband: what rights does the wife have?
Under such conditions, even if the spouse received housing under the contract, he has the same rights as his wife and children, and has the right only to own and use it, without the right of disposal. It does not matter who was originally included in the contract - the concept of a responsible tenant has long lost its meaning.
Historically, for the vast majority of our fellow citizens, housing is the most valuable property. If an apartment or house belongs to only one of the spouses (for example, if the owner is the husband), even with good relationships in the family, questions often arise, what rights does the second spouse (for example, the wife) have? In the event of a divorce, the situation often escalates to the point of litigation.
How to evict your ex-husband from your apartment
If the apartment was privatized when the spouses were married and lived together in the apartment, they both have equal rights to live and use the housing, despite the fact that according to the documents, one person is the owner of the residential premises. Federal Law 189-FZ of the Russian Federation, in particular its 19th article, determines that the norm of the 4th part of Article 31 of the Housing Code of the Russian Federation does not apply to former family members of the owner of privatized living space, if at the time of the privatization procedure of municipal property they lived in this address and had equal rights of use with the person who privatized the premises.
- the apartment or house was purchased or belonged to one of the spouses before entering into legal marriage;
- real estate that a husband or wife received as a gift during marriage;
- the living space was inherited by one of the spouses during the period of the marriage;
- the residential premises were received by one of the spouses under another gratuitous transaction.
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How to register in an apartment without the presence of the owner and his consent
A typical case of going to court on such an issue is when one of the former spouses wants to register a relative in their part of the living space. For example, if the property is jointly owned and a man plans to register his brother in a privatized apartment, however, he was unable to obtain the consent of his ex-wife to register in the apartment.
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Answer. In this case, even an appeal to the judicial authorities will not yield results, since the presence of joint property implies obtaining approval from each of the spouses. Such a problem can only be resolved by a mutual decision of all owners of the residential premises.
How to register without the consent of the owner
- Law of the Russian Federation No. 5242-1 of June 25, 1993, which obliges Russian citizens to register at their place of residence within the territory of Russia;
- the same Law obliges a person who has changed her place of residence, no later than 7 days after the fact, to submit an application to the person responsible for registration;
- Decree of the Government of Russia No. 713 of July 17, 1995 states that minor citizens under 14 years of age who live with their parents are registered at their place of residence;
- Article 20 of the Civil Code determines that minors under 14 years of age and citizens who are under guardianship are registered at the place of residence of their legal representatives, who are parents, adoptive parents or guardians.
- passport of one or more owners, as well as your identity document;
- consent of the owner (owners) in writing;
- a statement signed by the owner and everyone registered in the apartment;
- a document confirming payment of the state duty.
The wife owns the apartment, what rights does the husband have after the death of his wife?
It is enough for a man to draw up a gift deed and register it with a notary. After which the woman will become the full owner of the apartment, which she could inherit as the legal spouse of the testator. But the conclusion of such agreements does not relate to the issue of inheritance.
If the heir is a minor citizen, then the guardianship authority acts in his interests. How to prove a civil marriage after the death of a spouse The main document is a certificate from the Housing Office. It can be taken at the place of registration of the testator. It will be clear from the document that the applicant lived with the deceased citizen. If a child was born to the spouses during their cohabitation, you can submit a birth certificate for the child. But, if the common-law spouse was not registered in the cohabitant’s apartment, then she will have to go to court. How to prove a civil marriage? Proving the fact of cohabitation or being a dependent of the testator is the most difficult aspect of inheritance. The hearing of the case takes place within the framework of special proceedings. The application is submitted at the place of residence of the deceased citizen. The form of the document must comply with the requirements of the Code of Civil Procedure of the Russian Federation.
Is it possible to register without the consent of other owners
Without the consent of all adults at the time of the events, the owners of the residential premises cannot register anyone. The only exceptions are minor children, in relation to whom one of the co-owners of the residential premises is a parent or guardian. Such a child will be registered in the living space, in accordance with the norms of Russian legislation, which determines the place of residence of minor children at the place of residence of their parents or guardians.
A change in the marital status of one of the homeowners often results in a new family member needing to register their place of residence. However, the other residents or co-owners of the house or apartment do not always agree with this. Then the question may arise - is it possible to register your spouse or minor child without consent. Sometimes this question arises in relation to other relatives, such as parents, siblings or uncles and aunts. Less often there is a need to register a stranger into the apartment.
How to register in an apartment without the presence of the owner
This method of registration without the presence of the owner may receive a negative decision. For example, often the passport office may not accept a power of attorney for a third party who is not a relative of the owner. Such decisions are often made if the owner is an elderly person who cannot independently reach a government office. In such cases, passport office employees begin to suspect the fraudulent actions of “black realtors.”
- passports of the owner (owners) and the person applying for temporary registration;
- written consent of the owner or all owners;
- statement from the owner and all registered citizens in the apartment or house at the moment;
- consent from the housing and communal services department, which confirms the owner’s right to register someone;
- receipt of payment of state duty;
