Registration of a spouse is voluntary. The RF IC prescribes the duty of a husband and wife to support each other financially. But there is no specific obligation to provide housing for spouses.
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The husband registers his wife solely at his own request, unless the apartment is their joint property.
Then the wife has the right to go to court and register in the apartment - if the spouse, in whose name the jointly acquired real estate is registered, does not consent to registration.
If a wife moves to live in her husband’s apartment or private house, she must be registered at her new place of residence. Registration of a wife with her husband is possible with the consent of the spouse and other adult family members registered in the apartment.
The issue of a spouse's registration may be of a moral and everyday nature. The husband's parents or other family members are sometimes against registering a wife.
If the spouse is not the owner of the apartment in which he lives, then he must obtain consent from the owner. The wife will be able to register only with the permission of the legal owner of the property. But no one is obliged to give such permission.
Registration of citizens
The concept of registration is considered obsolete. Since the early 90s, the terms “permanent” and “temporary” registration have been common in housing law. Registration is carried out at the place of residence of the spouses. They are not subject to the housing standard per person. A husband can register his wife in a communal apartment or in a dorm room.
If he is the owner of a share in a communal apartment or owns the room on an individual basis, then registering his wife will not be difficult. The main thing is that he himself wants to register his wife. To register, you must fill out an application and attach documents. Payment of state duties and fees is not required.
Is it possible to register a husband without the consent of other owners?
Such an easy registration method creates a temptation to register a spouse without the consent of other owners. But this is not possible based on Article 247 of the Civil Code of the Russian Federation.
Actions if the owners disagree with the husband’s registration:
- The owner of a share has the right to dispose of it only with the consent of the owners of other shares of the same property. If consent is not obtained, a spouse can only be registered in court.
- The owner of the share has the right to provide the registered person only with the area that corresponds in size to that specified in the ownership document. If this is not possible, the remaining owners of shares in one object have the right to demand appropriate compensation.
Attention! If the wife’s share is not excessively small, but corresponds to the size of at least one room in the apartment, then, according to the Housing Law, the registration of a spouse does not entail infringement of the rights of other owners, and in the absence of their consent, this issue is easily resolved in court. Especially if the spouse purchased everything necessary for expensive repairs, reconstruction, etc. Some husbands also do these same actions in the event of a possible divorce, when such a share may become recognized as jointly acquired property.
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.
Registration of wife to husband
Registration of marriage does not impose a legal obligation on the husband to take his wife to live with him.
If there is an opportunity, and especially small children together, it is advisable to register the wife without reservations, which will be correct for people living together and leading a common household.
To a privatized apartment
In privatized housing there may be several owners, with equal shares and the right to own the apartment. The husband must obtain consent from all co-owners. In its absence, you can get your wife to move into the apartment as a family member in court.
The wife's registration does not give her the right to a share in the privatized apartment. She can only use the living space and is also obliged to take care of its safety.
Changing the registration in the passport is carried out in the manner prescribed by law. What is needed for temporary registration in a municipal apartment? See here.
To the municipal
If the spouse is a tenant of a municipal apartment, he has the right to move his wife in as a family member and register her. To do this, it is enough to notify the owner of the municipal apartment. Information about the spouse can be included in the social tenancy agreement.
The wife can also be registered as a co-tenant of the property. Then she has an equal right with her husband to own and use the apartment. She will be able to register there on her own without her husband’s consent.
At the place of residence
It is advisable to register the wife at the place of residence of the spouse. The main requirement is that the husband has a document proving ownership of the property. An extract (certificate) of ownership must be brought to the passport office.
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.
Whose consent is required?
To register a wife with her husband in a privatized apartment or municipal housing, the consent of the owner or tenant is required. You will also need permission from all persons previously registered in the living space.
When registering a spouse in a municipal apartment, the consent of the local government authority authorized to provide residential premises under a social tenancy agreement may be required.
Advantages and disadvantages
The main advantage of joint registration of spouses is psychological comfort for the family. In addition, you will not need to worry about registering a child if he appears.
When registering separately, the family does not lose any rights, but we must not forget that then they will have to live separately. You can register at a different address and live with your husband, but this will be a violation of the law, which entails administrative liability
. The actual stay must correspond to the registration.
In life, it is better to do everything in a timely manner and in accordance with the law, then there will be fewer problems with the bureaucratic system.
Procedure
To register a wife, the husband needs to go with her to the passport office at the location of the property. There he expresses written consent to registration.
The law does not prohibit obtaining temporary registration for a wife. Then the wife fills out an application according to f. No. 1. The period of temporary registration is not limited and is determined by agreement between the spouses.
The husband may agree to the temporary registration of his wife if it is assumed that the marriage is fictitious and does not imply the goal of creating a family. Such a marriage may be declared invalid by the court.
Information about registration is entered into her passport - in the form of a stamp, indicating the locality and registration address.
Required documents
In 2021, for registration, including a wife to her husband, the following documents are required:
- application in form No. 6 (or in form No. 1 - for temporary registration);
- title documents for real estate - extract of ownership, lease agreement, etc.;
- departure sheet (if the spouse was previously deregistered);
- passports of husband and wife;
- house book (if available).
You may also need a marriage certificate, an extract from the house register, and birth certificates of children.
Submitting an application
The application is submitted at the passport office. The form contains information about the applicant, the owner of the residential premises, and information about the apartment.
The signatures of the applicant and the property owner must be certified by an official. This is not done if the title document for housing is notarized.
You can submit a document through the government services portal. You need to make sure that the service is provided electronically in a specific locality. It is possible to submit an application and documents through the MFC.
A sample application for registration at the place of residence is here.
A sample application for registration at the place of residence is here.
Registration in the spouse's apartment at the spouse's place of residence
A citizen of the Russian Federation who has changed his place of residence is obliged, no later than seven days from the date of arrival at his new place of residence, to contact the official responsible for registration with an application in the prescribed form. In this case, the following must be presented: a passport or other document replacing it, identifying the citizen; a document that is the basis for a citizen to move into residential premises (order, agreement, statement of the person who provided the citizen with residential premises, or other document), or its duly certified copy.
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.
How to protect yourself?
In order to protect yourself, draw up a notarized agreement with your tenant , which should stipulate that he can use the apartment, but if certain points are not fulfilled, you can evict him.
List your requirements for the tenant in the contract, he will write his own. If the parties are satisfied with this, you can safely sign the document.
If one of the parties violates the agreement , the trial will take place very quickly, since you will already have written evidence of your innocence.
Also, if possible, try to give up the desire to register a stranger permanently . Give preference to temporary registration and always set the minimum period, because no one knows how this or that subject will behave the next day.
Before letting a person into your living space, try to study him as thoroughly as possible, and perhaps you will avoid many mistakes and clashes.
On our website you can also find out whether registration affects the ownership of housing, what documents may be required for registration, how it can be done through the State Services portal, how foreign citizens are registered and what the state fee is for registration.
Going to court
The wife can go to court if she has the right to use the apartment, but the husband, as the person in whose name the housing is registered, does not consent to its registration.
The statement of claim is drawn up according to the rules of Art. 131-136 Code of Civil Procedure of the Russian Federation. References must be made to the relevant articles of the Civil Code of the Russian Federation, the Investigative Committee of the Russian Federation, the Housing Code of the Russian Federation and other regulations (depending on the specifics of the controversial situation).
As evidence, written documents must be submitted confirming the wife’s right to unhindered use of housing registered in her husband’s name.
This may be a marriage certificate, which indicates the date of marriage registration - important in order to prove that the apartment was purchased during marriage, and other written documents. In controversial situations, it is advisable to seek the help of a competent lawyer.
Nuances
In some cases, a couple may be denied registration. The reason may be an insufficient number of submitted documents, incorrectly completed forms, lack of free space in the living space, or an excess of the number of registered persons in one apartment.
. If all of the above problems are resolved, you can resubmit your application. If the problems are not obvious, be sure to contact the lawyers of our firm.
Registering a husband with a wife is a process with many nuances, so we recommend turning to professionals who will help you figure it out and correctly carry out the registration, taking into account all the details. Just dial for a free consultation.
