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.
The main disadvantage of registering relatives in your apartment
The permanent registration of an aunt, nephew or second cousin on your square meters entails an inevitable increase in utility bills. If cold, hot water, gas and heating are calculated by meters, you will pay only according to their readings. But payment for housing maintenance, for example, for garbage removal, is calculated depending on the number of people living in the apartment. And if there are no meters, utility services will require payment according to established standards for each registered person.
Even if a relative registered in your apartment does not live in it, you will not be able to demand a reduction in utility bills.
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.
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.
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 to register a relative in a mortgaged apartment?
When real estate is pledged to the bank, it tries to control all the borrower’s actions related to the apartment until the debt is repaid. The rights of the banking organization are specified in the agreement when registering a mortgage. Often the document contains a clause that prohibits the registration in the apartment of everyone except close relatives of the borrower - spouse, children and parents. There may also be a clause requiring the approval of each applicant for registration from the bank.
If the bank refuses to give consent to the registration of the borrower’s minor children, you can appeal to Article 20 of the Civil Code of the Russian Federation, according to which the child must live with his parents. But in order to grant permission for the permanent registration of a child in a mortgaged apartment, the bank may require the borrower to issue a written commitment. It states that when real estate is seized after monthly payments have ceased, the owner of the apartment must voluntarily remove the child from it.
According to Article No. 29 of the Federal Law “On Mortgages” and the first part of Article No. 346 of the Civil Code of the Russian Federation, you have the right to register close relatives and children in a mortgaged apartment without asking permission from the bank and without signing any documents on the voluntary release of minor residents. All the details are in this article.
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.
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.
Forms
All necessary forms for registration can be downloaded here in MS-Word format:
- Application for registration at the place of residence according to form No. 1;
- Arrival address sheet according to form No. 2;
- Certificate of registration at the place of residence in form No. 3;
- Journal of applications according to form No. 4;
- Questionnaire according to form No. 5;
- Application for registration at the place of residence according to form No. 6;
- Departure address sheet according to form No. 7;
- Certificate of registration at the place of residence according to form No. 8;
- Registration card according to form No. 9;
- Apartment card in form No. 10;
- House (apartment) book according to form No. 11;
- Sheet of statistical registration of arrival according to form No. 12P;
- Sheet of statistical accounting of disposals according to form No. 12B;
- Journal of applications according to form No. 13;
- Notification of deregistration of dream residence in form No. 14.
Temporary registration
Thus, to obtain temporary registration, the following documents are required:
- 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;
Deadlines
The waiting time in line to see a specialist should not exceed 15 minutes. The registration period is 3 days. If the application is submitted electronically, the registration period should not exceed eight days.
Permanent registration does not expire. Temporary registration is issued for a period agreed upon between the spouses.
Read how to register a newborn in a non-privatized apartment. How to extend temporary registration at the place of stay? Information here.
What documents are required for temporary registration in a private house? A complete list is in this article.
Permanent registration
To obtain permanent registration, the same applications and consents are required, but here evidence of the ownership of the apartment is also added, that is, it is necessary to submit all certificates of ownership of the apartment or house, as well as make photocopies of them.
Whatever type of registration is used, the personal presence of the owner(s) is required. If this is not possible, you can resort to some measures.
Registration of a person without the presence of the owner is possible:
- If the authorized person has a notarized power of attorney.
- With a notarized application for the owner’s consent for registration.
- By the tribunal's decision.
Each option should be considered in detail.
How to do this?
In order to register in the territory of your spouse, you need to visit the passport department of the housing department, police department, or the Multifunctional Center. The following papers will be required:
- civil passports of all participants;
- documented consent of residents (usually required);
- extract from the house register;
- a copy of the financial and personal account;
- social contract hiring;
- Marriage certificate;
- statement.
The procedure will be completed within a week. If the registration is permanent, then the new resident’s passport will be marked accordingly; if it is temporary (the time frame for this is indicated in the application!), then a certificate of temporary registration will be issued.
So it turns out that registration is, even in our time, a question that is far from being as simple as we would like. And in some cases, you will have to spend some effort to implement your plans - go through different authorities, probably even go to court.
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Can a husband register his wife with him without the consent of those registered?
User deleted
Pupil (235), closed 12 years ago
Can a husband register his wife and child with him without the consent of others registered in the apartment?
Added 12 years ago
The apartment is not privatized.
Added 12 years ago
The husband is a tenant, besides him two more relatives are registered
Tatjana Tverdova
Guru (3401) 12 years ago
Sej4as eto nazivaetsja ne propiska,a deklorirovaniem....I prodeklorirovatjsja mowet kto xo4et bez soglasija ostaljnix...A vot vipisatj-eto uwe problema...Moja sestra bila ne protiv,4to bi nevestka prodiklorirovalasj u nee...vzjala vixodnoj i poexali s neve stkoj….ee dawe ne sprosili i ne pozvali v kabinet…vot tak…diklorirujtesj na zdorovje kto xo4et!!!!U menja pravda sprosili,kogda hotel prod.moj pasinok,kogda viwel iz tjurjmi…
Sergey Okun
Student (102) 12 years ago
What are you answering here! Everything that was written to you before is complete nonsense! Of course he can, but only in one case - if he is a responsible tenant! Consent of the rest of those registered who are not responsible. There is no need for tenants! In any other case, mandatory consent is required. tenant! And for the rest: don’t write if you don’t know, but rather read the legislation!!!!
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Tatyana Bikina
Guru (3642) 12 years ago
No. Consent of all adult family members of the employer is required! but if these two relatives are not members of the employer’s family, then this consent is not required
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Winston Smith
Enlightened (21165) 12 years ago
MOVE IN and AS A CONSEQUENCE of move in - registration in municipal residential premises is possible only with the consent of all citizens living in the residential premises. But the landlord has the right to refuse to move in if after moving in there is not enough living space.
Without consent to move in and AS A CONSEQUENCE of move in, only a child can be registered at the place of residence.
Read the Housing Code and Registration Rules
The legislative framework
The basis for registration is established by the Law of the Russian Federation No. 5242-1 “On Freedom of Movement”. The registration procedure is determined by Government Decree No. 713 of July 17, 1995. The administrative regulations for the provision of the service are approved by Government Decree No. 988 of September 12, 2012.
The Family Code does not regulate housing legal relations between spouses. The choice of place of residence remains solely at the discretion of the husband and wife.
