Registration in an apartment with shared ownership in Russia in 2021

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Registration (aka registration) is a notification from the state that this or that person will reside in this particular property on a permanent or temporary basis. In a normal case, the owner can register a person without any problems, however, registration in an apartment with shared ownership has its own nuances and not always (and not everyone) can be registered independently.

The concept of registration

Although the term “propiska” is not used in regulatory documents of Russian legislation, many people habitually use it to mean “registration”. And although there is a fundamental difference between these concepts, in modern realities they are analogues of each other.

According to current legislation, registration of a citizen at a specific address is of a notification nature, but is mandatory ().

Ignoring this requirement will result in penalties. The violator will have problems with employment, seeking medical help, enrolling the child in kindergarten and other pressing issues.

The registration procedure for a dwelling that has one owner is simpler than the registration procedure for real estate in shared ownership.

Does registration affect the share in the apartment?

For example, if the owner has a large family and many distant relatives or close friends who actually live in the living space, then there is nothing to impose liability for. However, if the living space is “dimensionless”, in which persons who do not live there are registered, then the owner faces criminal liability . According to Article 322.2 of the Criminal Code of the Russian Federation, for fictitious registration, the owner faces one of several types of punishment, the most severe of which is a criminal term of up to 3 years.

Those wishing to obtain registration submit documents and after 3 days receive a temporary registration certificate or a note in the passport about registration at a specific address. These actions are performed free of charge; there is no need to pay state fees or other fees for registration. If during the verification process it is determined that any information is missing, then the migration service itself will send the appropriate requests, and the registration period will be extended to 8 days.

May 18, 2021 polrostov 289

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How is registration carried out in housing with shared ownership?

Shared ownership is one of the types of real estate ownership. This concept is defined in paragraph 2 of Art. 244, and the responsibility of citizens in the absence of registration is established by Art. 19.15.1.

To register a relative in your living space or to register your husband for your share in the apartment, you must follow the norms of the Civil Code of the Russian Federation. Its provisions require the participation of all owners in resolving issues related to the disposal of shared property, regardless of the size of the share that belongs to them. That is, their consent is necessary. It does not matter whether the applicant for registration is a relative of all the owners or not.

Temporary registration in an apartment with shared ownership is carried out according to the same principles as permanent registration. No matter what kind of relationship with the residents the person they want to register in their share of the real estate may have, whether he is a citizen of the Russian Federation or a citizen of another state, the procedure for registration in an apartment with shared ownership is the same.

Only the written consent of all co-owners of the property will make registration in shared ownership possible.

Find out what features the registration of a foreign citizen at the place of stay has.

Registration in an apartment with shared ownership for minors is also possible. The child will be registered in an apartment with his parents or with one of them if:

he actually resides on the premises;
the apartment was privatized with his participation;
housing was purchased using maternity capital funds, which provides for mandatory shared ownership of real estate purchased with public funds.

Many people are interested in the question of whether the child has a share in the apartment in which he is registered. However, these concepts are not interrelated and the answer to the question can be either positive or negative.

How to transfer equal rights to an apartment to your wife

By law, an apartment purchased before marriage is considered the property of the person who bought it. But if you bought an apartment before marriage and then paid the loan together, the court may recognize such an apartment as joint property. Because, as spouses in a marriage, you have jointly invested in it.

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Sometimes spouses fix the size of their shares so that during a divorce they do not waste time on the judicial division of property. However, even in this case, there is a risk that the court will recognize the shares of the husband and wife as unequal. For example, if one of them proves that he repaid part of the loan for an apartment with money that his parents gave him. Donated money is the personal property of each person; it is not considered joint property. If the apartment was purchased with personal money, it belongs to only one spouse.

When the consent of all co-owners is not required

There are exceptions to the rules established by law. The law defines when it is possible to register a spouse in an apartment with shared ownership without the consent of other owners.

So, if the apartment is divided into parts, each of which is allocated in kind, and all co-owners have separate rooms, then you can easily register it for your share without the consent of other shareholders.

A permit will not be required in the case where the owner wants to register his part of the property. He does not need not only the presence of the co-owners during registration, but even their written or oral consent.

The same rules apply to the owner’s children, who can also be registered in the parent’s living space.

Is it possible to register without the consent of other residents?

If not only co-owners of the property, but also members of their families or other citizens are registered and live in an apartment in shared ownership, only those who have a share in the common property have the right to vote in the disposal of such housing.

There is no reason to doubt whether a shared owner can register a person in an apartment if only the residents registered there express disagreement. Their opinion is not taken into account when registering.

Is it possible to register a person without the consent of the apartment owner?

Issues of registration and deregistration from residential premises occupy a special place in the legal regulation of housing legal relations. The reason for this is their heterogeneity, since in this area various aspects of administrative, contractual, family relations and relations regarding inheritance are intertwined.

a minor child (under 14 years of age) is registered at the address of the mother or father, regardless of whether one of the parents is the owner of the property or uses it;
A person who is the subject of a will has the right to register in privatized housing. Expression of the will of the heir in this case is not required, as well as other owners (if a share in the privatized apartment was bequeathed);
after serving a sentence of imprisonment, a person retains the opportunity to use a privatized apartment, regardless of whether he participated in the privatization.

Registration procedure

To obtain temporary or permanent registration in an apartment that is in shared ownership, you need to collect the same packages of documents in both cases.

It is also important to find out the algorithm for how to register a person if the apartment is in shared ownership. To do this, you should contact the territorial registration authority at the address where the property is located.

If you have the necessary documents, the applicant can visit the multifunctional center or receive the service by registering on the State Services website.

And yet, the applicant will not be able to avoid personal presence when submitting documents for registration, since it is impossible to register in a house with shared ownership or an apartment with this form of real estate ownership by power of attorney.

Design nuances

There is one significant difference between registration in real estate, which has only one owner, and registration in living space owned by several owners. In the second case, when visiting the registration authority, it is necessary to provide written consent signed by each of them. Then their personal presence will not be needed.

This can only be avoided if the owner decides to register his share in the apartment or register his minor child in it.

If a citizen’s son or daughter is over 14 years old at the time of registration, their presence during the procedure and a handwritten signature on the documents are required.

Which authority to contact?

According to the legislation of the Russian Federation, the bodies that are authorized to carry out registration of citizens at the place of residence are:

territorial offices of the Federal Migration Service;
passport offices;
multifunctional centers (MFCs).

Registration through the Federal Migration Service is mandatory for persons who reside in another constituent entity of the Russian Federation or have arrived in Russia from abroad.

Multifunctional centers perform the functions of the Federal Migration Service and passport office. You can also register through.

Set of documents

To register with the authorized body, you must provide a set of certain documents, which includes:

applicant's passport;
birth certificates of children under 14 years of age;
passports of minors (from 14 to 18 years old);
registration certificate or military ID (for military personnel and those liable for military service);
certificate of release from prison (if there is an outstanding criminal record);
statement.

The owner must also provide the title document for the share and the basis for its acquisition.

The non-owner must present:

rental agreement (if any);
written permission for registration from each co-owner of the apartment;
statement from the owner of the share initiating registration, indicating the length of stay of the tenant.

Depending on the type of registration - temporary (at the place of stay) or permanent (at the place of residence) - application forms are filled out in form No. 1 and No. 6, respectively.

Required documents

So, the owner of one of the shares decided to register a tenant. What documents do they need to collect? Here is the required list.

National passports of all co-owners and citizens who will be registered.
Written permission from all co-owners for registration.
Documents confirming ownership of real estate.
Certificate of departure from previous place of residence.
Application in the prescribed form.

It is not enough to simply obtain written consent from all shareholders for the registration process. The personal presence of all owners at the registration office is necessary so that the passport office employee can make sure that applications and signatures are not forged, and that pressure is not exerted on the owners of the house. If personal presence is not possible, then the applications must be certified by a notary.

Where to submit documents? There are two options for submitting papers for registration.

Registrations are handled by the Migration Department of the Ministry of Internal Affairs. Previously, the migration service was a separate unit, but now it has become part of the Ministry of Internal Affairs. Documents for registration can be taken directly to the migration department; such offices are traditionally called passport offices. The disadvantage of this option is that the opening hours of passport offices are not convenient for many people; people have to take time off from work to get there. And in order to get to the right window, you have to stand in a long line.

The second option for submitting papers is through the multifunctional center. More and more citizens are resorting to this method of registration because of its convenience. The electronic queue system allows you to save time for those waiting, and qualified employees will help you fill out the application.

For registration, an employee of the migration service or MFC takes the citizen’s passport. In return, he is obliged to issue a certificate, which will be considered a temporary identity document during the absence of a passport, and a receipt for acceptance of documents. When the permanent registration stamp in the passport is affixed, the person will receive an SMS informing them that they can come to the MFC and pick up the document. As a rule, the registration process takes a short time, about a week.

Features of registration in a communal apartment

An apartment in shared ownership has much in common with communal housing, in which living space is distributed according to social tenancy agreements, or where the owners live, whose personal accounts per square meter are divided.

The legislation does not clearly define how the status of a communal apartment is assigned. Such objects may be the property of the municipality or belong to citizens.

(Article 42) establishes that a share in the ownership of common property in communal housing is equivalent to the ownership of a room.

The law does not oblige the co-owner of a communal apartment to obtain the consent of the other owners when registering third parties in the room.

In an effort to obtain registration in the capital and metropolitan areas, citizens agree to purchase part of a home and ask whether it is possible to register for a share of 2 square meters. And although the law does not establish a minimum size of living space that can be alienated by the owner, the widespread practice of such real estate transactions in recent years does not meet the expectations of buyers. They increasingly began to be denied registration with a tiny share in the common property.

State registration of joint property of spouses

Movable and immovable things acquired from the joint income of the spouses are recognized as joint property of spouses. These things become joint property from the moment the ownership rights to them are transferred to one spouse, which presupposes the execution of the relevant transaction in the manner prescribed by law (its notarization, state registration). Consequently, when one spouse acquires property from a third party, the other spouse also acquires ownership of this thing. The basis for the emergence of the right of ownership of the first spouse is a contract of sale, exchange, etc. concluded by him with a third party, and for the second spouse, the right of ownership of this thing arises from the direct indication of the law on joint ownership of spouses for property acquired during the marriage .

It is obvious that the spouse-right holder disposes of real estate owned by one of the spouses and is not part of the jointly acquired property independently. The consent of the other spouse is not required to carry out any transactions with premarital property received as a gift and gratuitous transactions, including through the privatization of residential premises, as well as real estate transferred by inheritance.

The allocation of a share during the division of real estate can be made in kind, that is, with a certain part of the housing. In an apartment this can only be a separate room. If the allocation of a real share is impossible, then it can be determined in monetary terms. Only its proportion to the common property is indicated, without a description of the actual premises that correspond to it.

Drawing up a prenuptial agreement before the wedding is still accepted by many as something insulting to great and pure love. But it is precisely this that will help save many people’s nerves and money if one determines in advance how the property will be distributed in the event of a divorce.

If other owners disagree

The ideal situation, in which other real estate owners unanimously agree to the registration of a new tenant in the apartment, does not always develop. The solution may be to issue a deed of gift for part of the living space.

Having received a share as a gift, a citizen will legally register on the square meters belonging to him. This path is much simpler than providing the opportunity to buy a share in an apartment for registration.

Such disposal of one's real estate also has a negative side. The donor may be faced with the fact that the person who received the chance to register in this way will evict him from his own apartment.

You can also segregate your share in court and have it recognized as residential premises. After this, no one’s consent will be required to register in it everyone whom the owner deems necessary. However, such litigation is usually lengthy and sometimes ends in failure.

Expenses

Consent from all homeowners.
Owner's passports.
Passports of the person registering (or birth certificate if you don’t already have a passport).
Power of attorney for the representative, as well as his passport (if required).

Application for registration

As a consequence of the above, one of the most realistic ways to register a person when other owners are against it: to allocate a share in kind. Simply put, physically divide a house or apartment, create a separate exit, and so on. In practice, this is very difficult to implement. And if the situation with a house is simpler, since there you can literally literally divide it into several parts, then in the case of an apartment the only way is to turn it into a communal one. This is difficult and inconvenient for subsequent living.

But it will not be possible to register other persons, even family members of the owner of the share, without the consent of the other co-owners of the apartment, and this is not legal, in accordance with Article 246 of the Civil Code.

Anna is the owner of half of a two-room apartment. The other half is owned by her ex-husband. Anna is marrying Alexei and wants to register a new husband in her living space, but her ex-husband is categorically against this. Anna gives Alexey 1/20 share of her half. And it turns out: Anna is the owner of 19/40 shares of the apartment, Alexey is the owner of 1/40 shares of the apartment. But the ex-husband’s share does not change. Now Alexey, as the rightful owner of a share in the apartment, can freely register in it. You may ask - what to do if Anna and Alexei separate and she wants to get her share back? This won’t be difficult either, but Anna will have to spend money.

Registration at the place of stay

If you have changed your place of residence, for example, by purchasing a share of an apartment, and intend to live there, you must register there within seven days from the date of arrival in your new home. Registration at the place of residence is completed within three days from the date of submission of the application and is confirmed by a note in the passport or a certificate of registration of the child.

28 Jun 2021 uristgd 108

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