Home / Housing disputes / Can a person registered in an apartment claim a share?
Imagine that you are the owner, and you hear from a registered person about his rights to a share in the apartment. And not as a joke, but in all seriousness. The argument is a valid registration on your living space. Sound familiar? Not all co-owners know what to do in such a situation and, in general, how to behave with tenants.
Can a person registered in an apartment demand allocation of his share? At first it seems that he does not, because he does not have any documents on ownership. However, ordinary residents can still legally claim part of the living space. There are a number of exceptions that give them this right. Read more about this in our article.
✅ Does a registered person have the right to claim a share of living space?
Connection to place of residence is important. If a person does not have a residence permit, he can be fined, and in the case of foreigners, expelled from the country. Therefore, having a residence permit guarantees that problems will not arise. True, now the term “registration” is already outdated - it would be more correct to call it registration.
Many people think that obtaining such a registration gives privileges. For example, ownership of a share in an apartment. Since a person occupies living space, why not also get a share?
We hasten to upset you: neither temporary nor permanent registration in an apartment gives ownership rights to a share in the living space .
Expert opinion
Semyon Frolov
Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.
A note about the difference:
- Registration information – a stamp in the passport or a certificate of temporary registration.
- Information about ownership - a state-issued certificate or extract from the Unified State Register of Real Estate with a seal.
It follows that in the absence of documents for a share, a person cannot be considered its manager .
The presence of registration is not related to ownership, and vice versa. The owner of the share may not have registration in the apartment at all (registration at a different address). But this does not deprive him of the right to part of the housing. The same cannot be said about a registered person - even if he occupies a room, pays part of the utilities, runs the household and participates in repairs - he cannot claim a share of the living space.
However, there are exceptions to any rule.
