Agreement between the owner and his family members, 2021, 2022 - Protection of property rights

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between the owner and his family members

_________________________ “___”_______________ _____
_______________________________, hereinafter referred to as the owner, on the one hand, and _________________________________, ________________________________________, ___________________________, hereinafter referred to as family members of the owner, on the other hand, collectively referred to as the Parties, have drawn up this agreement as follows:

1. ______________ is the owner of the residential premises located at the address: ________________, on the basis of ________________________.

2. ________________ is in accordance with Art. 31 of the Housing Code of the Russian Federation by a member of the owner’s family, namely ________________, which is confirmed by _________________.

3. ___________________ is in accordance with Art. 31 of the Housing Code of the Russian Federation by a member of the owner’s family, namely ________________, which is confirmed by ________________________.

4. _______________________ is in accordance with Art. 31 of the Housing Code of the Russian Federation by a member of the owner’s family, namely ________________, which is confirmed by ______________________.

5. Part 2. Art. 31 of the Housing Code of the Russian Federation gives the Parties the right to enter into an agreement on the procedure for exercising the right to use residential premises.

Based on the above article, the Parties have agreed on the following:

___________________________________________________________________________

__________________________________________________________________________.

Details and signatures:

Owner:

___________________________________________________________________________

Owner's family member - ___________________________:

___________________________________________________________________________

Owner's family member - ___________________________:

___________________________________________________________________________

Owner's family member - ___________________________:

___________________________________________________________________________

Owner __________________________

(signature)

Owner's family member - _____________ __________________________

(signature)

Owner's family member - _____________ __________________________

(signature)

Owner's family member - _____________ __________________________

(signature)

Download the document “Agreement between the owner and his family members”

Registration agreement without right of residence

The current legislation does not provide for a special form for this type of agreement. In accordance with Federal Law No. 36, adopted in 2013, the registration of citizens must correspond to their actual place of residence. According to this regulation, if a fictitious registration is discovered, it is canceled. In practice, there are cases when the owners of residential real estate register citizens in it and enter into an agreement limiting the right to live in this living space, but this is not correct from the point of view of legislation.

A mortgage with state support, what it is and what conditions you need to know about this type of lending, see the link. How to find out the cadastral value of your property?

Do you know that before buying an apartment you must check it? Read our material on how to do this correctly.

So, who can have the right to use an apartment indefinitely?

Persons who did not participate in the privatization of the apartment, but had the right to do so

The right of indefinite residence in an apartment is reserved for these persons, provided that at the time of privatization of this residential premises they had equal rights to use this premises with the person who privatized it (Article 19 of the Federal Law of December 29, 2004 N 189-FZ “On the Entry into Action of the Housing Code of the Russian Federation"). At the same time, their right of use will remain regardless of the basis for the transfer of ownership to the new owner of the apartment (whether it is purchase and sale, exchange, donation, rent or inheritance).

And even the fact that such a person has previously privatized another apartment and is its owner will not be an obstacle to his maintaining the right to perpetual use of the apartment in which he is registered (clause 18 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 N 14 “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation").

The above article of the law on the entry into force of the Housing Code of the Russian Federation deals exclusively with former family members, however, in judicial practice, as a result of a broad interpretation, it applies to all family members of the tenant who lived in the apartment (or retained such a right) at the time privatization and agreed to its implementation without their participation (see, for example, Determination of the Supreme Court of the Russian Federation dated February 16, 2016 N 22-KG15-3). If you hear the phrase “privatization refuser,” then know that these are the people who are meant.

However, in some cases, the right to participate in privatization is also reserved for persons who were not registered in the apartment at the time of privatization, who did not consent to privatization (did not refuse to participate in privatization). For example, if a citizen was declared missing by a court decision and removed from registration at the apartment address, and therefore did not take part in privatization, he will still retain the right of indefinite residence (see, for example, the Appeal ruling of the Moscow City Court dated 04/06/2017 in case No. 33-12960/2017).

In the same way, the right of indefinite residence is retained for a person sentenced to imprisonment and deregistered before the privatization of the apartment, but not earlier than June 23, 1995 (the date of adoption of Resolution of the Constitutional Court of the Russian Federation No. 8-P, which was given appropriate explanations).

Persons included in the order for the provision of an apartment in a housing construction cooperative

In accordance with the previous legislation, family members of a person accepted as members of a housing-construction cooperative acquired an independent right to residential premises provided to a member of a housing-construction cooperative under a warrant, based on the decision of the general meeting of members of the cooperative, approved by the executive committee of the district, city, district in city of the Council of People's Deputies, and retained the right to use the residential premises in the future, if after their occupancy the issued order was not invalidated on the grounds provided for by law.

Despite the fact that there is no direct indication in the law that these persons retain an indefinite right of residence, in judicial practice the rights of these persons are actually equal to the rights of family members of the owner of a privatized apartment (Determination of the Supreme Court of the Russian Federation dated May 29, 2012 N 11-КГ12-2 ; Determination of the Supreme Court of the Russian Federation dated January 12, 2016 N 56-KG15-31).

3. Persons to whom such a right is granted on the basis of a testamentary refusal.

Testamentary refusal is an obligation that a testator can assign to one or more heirs under a will or by law at the expense of an inheritance. The person in whose favor such an obligation is established is the legatee. The legatee has the right to demand the fulfillment of this obligation.

Thus, the testator has the right to impose on the heir to whom a residential house, apartment or other residential premises is transferred the obligation to provide another person with the right to use the residential premises for the period of that person’s life or for another period. Upon subsequent transfer of ownership of the specified premises to another person, the right of use granted by testamentary refusal remains in force (Article 1137 of the Civil Code of the Russian Federation).

A testamentary refusal can be established in a will or in an inheritance agreement - an agreement between the testator and heirs, the terms of which determine the circle of heirs and the procedure for transferring rights to the testator's property after his death (Article 1140.1 of the Civil Code of the Russian Federation). The right to receive a testamentary refusal is valid for three years from the date of opening of the inheritance.

Persons to whom such a right is granted on the basis of a lifelong maintenance agreement with dependents

Under an agreement of lifelong maintenance with a dependent, the annuity recipient, a citizen, transfers his residential house, apartment or other real estate into the ownership of the rent payer, who undertakes to provide lifelong maintenance with the dependent of the citizen and (or) a third party (persons) indicated by him. The rent payer's obligation to provide maintenance for dependents may include the provision of a lifelong right to use the apartment. In this case, the rights of the annuity recipient to live in the apartment are equal to the rights of the legatee, that is, he receives the right of lifelong residence, unless otherwise provided by the agreement (Article 34 of the Family Code of the Russian Federation).

Persons to whom such a right is granted on the basis of another agreement or obligation

In our practice, we have encountered purchase and sale agreements and even gift agreements with the condition of preserving the right of lifelong residence in the apartment of certain persons. Despite the fact that a gift agreement cannot provide for obligations for the donee (and preserving the right of lifelong residence is, in fact, the obligation of the donee not to interfere with the donor’s right to use the apartment), the courts rightfully indicate that the parties can enter into an agreement that contains elements of various contracts provided for by law or other legal acts (mixed contract), and qualify such a gift contract as a mixed contract.

Moreover, the right of lifelong residence may arise from a written obligation (statement) that the person retains the right of lifelong registration in the apartment. Thus, in one of the court cases, the recipient was given an obligation, drawn up by a notary in the form of a statement, by which the donor was given the right to lifelong registration in the apartment. At the same time, the gift agreement itself did not mention any rights of the donor to lifelong residence. Despite the fact that ownership of the apartment subsequently passed to another person (the donee entered into another donation agreement), and the donee’s statement was canceled by him, the court sided with the donor and retained his lifelong right to live in the apartment (Appeal ruling of the Moscow City Court dated January 12, 2017 in case No. 33-1137/2017).

Marina Klepko Partner, Nedelko and Partners Law Firm

Comments on the document “Agreement between the owner and his family members”

Reply 0

Alexandra

06/22/2014 at 14:39:04

A good example.

Reply 0

Anfisa

11/23/2015 at 16:01:50

Useful!!! Thank you, thank you!

Reply 0

Margarita

08/10/2016 at 08:57:09

Hello, I don’t know yet. I’m selecting. I’m studying. I’m interested in an agreement in the case of encumbrance, when one owner has a restriction over the other after a court decision. Thank you. Best regards, Margarita.

Reply 0

Alexei

02/12/2017 at 23:45:06

Hello. Tell me please. This document must be certified by a notary, or in some other way. Or is the signature of the parties sufficient?

Regards, Alexey.

Reply 0

Julia

04/10/2017 at 22:44:56

Useful document. It's good that we managed to find it.

Reply 0

Masha

09/06/2017 at 16:50:48

Please tell me what issues can be agreed upon and whether it needs to be certified by a notary?

Reply 0

Svetlana

06/11/2018 at 14:21:46

Having registered my adult son in an apartment that is only my property. In the agreement, can he indicate that he is not going to live himself, as well as register anyone on my property? And does the agreement need to be certified by a notary?

Reply 0

Faith

12/18/2019 at 15:51:56

Hello. I can’t find it? Agreement between the owner of the residential premises and the person (tenant) of the residential premises...? If you have any, you can send me an email. Thank you

What opportunities does registration provide?

The owner or co-owners, if there are several of them, have the right to dispose of the residential premises at their own discretion, including registering relatives and even strangers. In this regard, questions often arise about what rights registration or so-called registration without the right of residence gives - what it is and whether there is such a concept in the legislation at all.

It should be recognized that there is no such definition in regulatory legal acts. The range of rights and responsibilities that a person has after registration depends only on the type of registration.

Registration only gives you the right to:

live in a residential area and use everything in the apartment;
register your minor children without the consent of the owner;
register in the pension insurance system (receive SNILS);
request a taxpayer identification number (TIN);
register an individual entrepreneur;
apply for social benefits and subsidies;
place your child in kindergarten or school;
receive free medical services at a district clinic or hospital;
get a job if the employer requires registration.

Neither temporary nor permanent registration confer ownership of someone's residential premises. This right arises only on the basis of the following transactions:

apartment purchase;
concluding a life annuity agreement;
receiving housing by inheritance, by court decision;
donation.

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Registration procedure

Citizens who are puzzled by how to register a person without the right of residence should know that registration authorities are responsible for registering persons at their place of residence and stay. In the Russian Federation, they are the territorial divisions of the Main Directorate for Migration of the Ministry of Internal Affairs.

You need to contact the institution with an application and a set of documents. Then you will have to appear again for a certificate, if temporary registration is being issued, or a passport with a mark on permanent registration.

The application can be submitted electronically through the portal. When the request is processed, you need to bring the original documents to the department of the Ministry of Internal Affairs.

Set of documents

The standard list of documents for registration has been approved:

statement;
ID card (passport);
a document confirming the owner’s consent to the applicant’s registration.

The legislation does not prohibit the owner and the person who will be registered in his apartment from discussing the nuances of using the residential premises and concluding an agreement.

You can obtain a deregistration receipt from the tenant at the first request of the owner. It is advisable to have the agreement and receipt certified by a notary.

What should be included in the agreement

Since there is no set form of agreement, clauses can be added to the non-occupancy agreement at your discretion.

The document, which is drawn up in writing, must indicate the full names of the owner and tenant, the address of the residential premises, and whether the parties are relatives. It is also recommended to specify the rights and obligations of the parties to the agreement, for example:

whether the person will live in the apartment;
conditions for deregistration;
rules for using the premises;
procedure for paying utility bills;
procedure for making changes and terminating the contract.

If the parties want to do without the help of a lawyer, it is worth studying a sample registration agreement without the right of residence.

Guarantees of fulfillment of obligations

A properly drawn up receipt can guarantee the fulfillment of obligations by a registered person to the owner of a residential premises. The document is written by hand, preferably in the presence of two or more witnesses. The text should contain the following information:

tenant details (full name, date of birth, series, passport number);
owner details (full name, residential address, passport details);
list of responsibilities of a registered citizen;
date and signature of the author of the document.

How to prevent a tenant from becoming a co-owner

There is no such concept as registration in an apartment without the right to property in Russian legislation. In this case, we are talking about persons who have obtained temporary or permanent registration.

Registration does not give any ownership rights to residential premises. You can become the owner of a home only if the legal owner sells or otherwise transfers his share in the apartment or on the basis of a corresponding court decision.

The question of how to register a person without the right to property is relevant when registering a municipal apartment. You should know that all residents who have permanent registration in such housing can participate in the privatization process.

It is almost impossible to discharge a person from a municipal apartment without his consent. It will also be impossible to privatize living space without his participation.

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How to register without ownership rights

Now the registration process for housing, be it a house or an apartment, owned by a citizen, taking into account the time frame of residence, is divided into the following categories:

Constant;
Temporary.

In the first case, there is no restriction on the period of residence. Consequently, there are no specific frameworks that would clearly define when exactly a person should be registered at a different address. The conditions of permanent registration imply long-term residence of a citizen in a certain premises.

As for registration of a temporary nature, we are considering a category that has specific points indicating the beginning and end of residence at the address of the object’s location.

Under these circumstances, attention should be focused on the final registration date, which means the need to evict a person from premises that do not belong to him, where registration was previously valid.

Registration of a permanent nature is used in the presence of family relationships. For example, parents register their children in their own home, and a husband registers his wife. This registration does not imply any temporary restrictions on residence at the address.

Registration of a temporary nature has clearly defined time boundaries. Such registration is mainly used by citizens who arrived from abroad, who find themselves on the territory of the Russian Federation for one reason or another, and who are forced to live here for some time.

For example, temporary registration can be used when considering the residence on the territory of the Russian Federation of specialists in various fields and other workers who, according to an employment agreement, are employed in the Russian Federation, and therefore must determine their residence for a specific period of time.

A similar situation can be applied to all students coming to the Russian Federation to study. For the entire duration of the training, they are required to obtain registration at their home address.

Agreement on registration without ownership rights

At this stage, you can proceed to the process of completing such registration. The registration procedure is a certain set of actions in which it is necessary, having prepared a package of documentation in advance, to contact the relevant government authorities.

It is recommended to prepare a specific special agreement in advance. However, it should be noted that this step is not legally defined as mandatory and is performed at the discretion of the citizen. However, in order to avoid problematic issues in the future, you should insure yourself in advance.

Now, before heading to the passport office and registering personal property, the best way out would be to draw up a special agreement that sets out the key points of such cooperation.

What will you need for this? Such a document will serve in the future as the main evidence in court, in the event of a controversial situation between the resident and the owner.

If one of the parties has claims against the other, having this kind of agreement, it will be much easier to prove that the guilty party, according to the terms of the agreement, was supposed to perform specific actions, having voluntarily signed up for this, however, at a certain moment violated its obligations.

Agreement between the owner and his family members

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between the owner and his family members

Registration agreement without right of residence

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So, who can have the right to use an apartment indefinitely?

Persons who did not participate in the privatization of the apartment, but had the right to do so

Persons included in the order for the provision of an apartment in a housing construction cooperative

3. Persons to whom such a right is granted on the basis of a testamentary refusal.

Persons to whom such a right is granted on the basis of a lifelong maintenance agreement with dependents

Persons to whom such a right is granted on the basis of another agreement or obligation

Comments on the document “Agreement between the owner and his family members”

What opportunities does registration provide?

Found documents on the topic “agreement between the owner and his family members.”

Registration procedure

What should be included in the agreement

Guarantees of fulfillment of obligations

Related documents

How to prevent a tenant from becoming a co-owner

Comment on the rating

Is the sample document useful?

How to register without ownership rights