Registration in an apartment with shared ownership, is it possible and how to register for your share without the consent of other shareholders in 2023

Family law > Registration > Is the consent of all owners required for registration?

But is it possible to register a person without the consent of other owners in a legal way? In what cases is this possible?

In this article we will answer these questions.

When there is a need for registration without consent

As of 2023, the most common reason for registration is a change in the marital status of one of the property owners.

In these cases, a person may wish to register his spouse or child in the apartment of which he is a co-owner.

However, other residents may be against this. It is in these situations that the question arises: is the consent of all owners required for registration?

Usually it is necessary to register close relatives (spouse, children, parents, sisters or brothers), but sometimes these are strangers.

Consent of co-owners: necessary or not?

According to the law, it is impossible to register any person in a residential property if all adult co-owners do not agree with this decision.

But there is an exception to this rule. These are minor children of one of the owners of the living space.

If the child’s parents live separately or are divorced, then the consent of the second spouse is required to register him in the living space of the parent with whom he is located.

The exception is cases where the second parent has died, gone missing or been deprived of parental rights.

In all other cases, written consent of all owners is required. But if there are certain circumstances, registration can be obtained through the court and without their permission. However, positive decisions in such cases are rarely made.

It is possible to legally register an adult in an apartment only in residential real estate that is in shared ownership.

In this case, the co-owner who wants to register another person in the apartment or house must give him a part of his share as a gift.

This is the only legal way for a new co-owner to register without the consent of other shareholders . But it should be remembered that in this case it will no longer be possible to write out this person, since he becomes a full co-owner.

Social type living space

But then, on the initiative of the Ministry of Construction, these rules were revised. At the moment, registration in a communal apartment without the consent of neighbors is possible.

If one of the social housing tenants decides to register his spouse, parents or other relatives, he no longer needs the permission of the landlord and other tenants.

All that is needed in such cases is a written petition in which he asks to register a family member at his place of residence without the consent of other residents.

However, there are rules here too. Only spouses, children and parents can be registered in this way .

Sanitary and social standards will also be taken into account during registration. If the maximum number of people in accordance with its square footage has already been registered on the territory of the living space, then only a minor child can be registered there.

In this case, the consent of the other employers does not matter.

Important Registration Features

It must be remembered that even if a person can be registered as his share without the consent of other shareholders, this does not give him the right to somehow dispose of this housing, but only to use it for living.

He cannot sell the apartment, mortgage it or donate it, even with the consent of the other owners, since he is only registered there and is not the owner.

But the child born to him can also be registered in this living space.

Conclusion

But if there is no home of their own in which to register, then most people turn to relatives or friends with such a request.

If you have permission from all shareholders, you can register in any apartment . But what if not everyone agrees with such a decision?

When asking the question “Can I register on my share without the consent of another owner,” you should first of all know the situations in which it is not required.

And also understand that registration does not provide the right to dispose of property.

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Registration in an apartment with shared ownership in Russia in 2023

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Citizens of the Russian Federation, as well as citizens of other countries, temporarily or permanently residing in Russia, are required to notify the migration authorities of their place of stay by registering.

You can register in residential premises suitable for habitation, regardless of whether they belong to the municipality or are owned by citizens.

It should be remembered that registration in an apartment with shared ownership is different from registration in premises owned by one person.

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 (Resolution of the Government of the Russian Federation of July 17, 1995 No. 713).

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

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 of the Civil Code of the Russian Federation, and the responsibility of citizens in the absence of registration is established by Art. 19.15.1 of the Code of Administrative Offences.

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.

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.

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.

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.

Take a sociological survey!

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.

1. 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.
2. 

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 the State Services portal.

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.

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.

The Housing Code (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.

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.

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.

conclusions

The legislation establishes the procedure for the ownership and disposal of real estate in shared ownership. The owner of a share in such property has the right to register other citizens in his living space only with the consent of the other co-owners. The exception is one’s own registration in the part of the housing that belongs to them, as well as the registration of one’s own minor children.

I got a share in real estate

Is it possible to separate your share, how to sell it and what is impossible without other share owners

Photo: Sergey Malgavko/TASS

Let's say you received an inheritance, or got divorced and divided the property acquired during marriage, or bought an apartment with someone together. In a word, they became the owner of a share of a real estate property.

We tell you how to own and manage it, what needs to be done to sell it, and what you will have to negotiate with other shareholders.

What does the owner of the share actually own?

Owning a share of an apartment most often does not mean owning the rights to a specific room (even if it is possible to allocate a room to each owner). The owner owns a share in the property right, and it can be equal to the shares of other owners, or greater or lesser.

“Shared ownership is a special form of ownership in which none of the co-owners has a specifically allocated property; in every centimeter of the apartment there is a share of another owner,” explains Irina Berbeneva, head of the office “In Krylatskoye” of the Miel-Network of Real Estate Offices company. - Therefore, sometimes it is very difficult to establish the order of use. If the co-owners cannot agree peacefully, then they determine the procedure for use in court.”

However, the share may be real. According to the chairman of the board of directors of the Best-Novostroy company, Irina Dobrokhotova, the real share can be tied to specific parts of the apartment (for example, a room of 12 sq.

m in a two-room apartment with a total area of ​​52 sq. m). Moreover, only an isolated living space - a room - can be allocated, while the corridor, kitchen and bathroom remain in common shared ownership.

The allocation of real shares leads to the fact that the apartment actually turns into a communal one.

The number of owners and their qualitative composition are not limited by law. For example, property can belong only to individuals or only to legal entities, as well as simultaneously to individuals and legal entities.

Features of share ownership

The owner of a share in residential real estate has all the rights of the owner, namely the rights of ownership, use and disposal. However, it is impossible to exercise these rights without agreement with other owners.

“Most often this leads to various disputes, and an attempt to exercise one or another right without the consent of other owners may be declared unlawful by the court.

In order not to lead to a conflict, the owner of the share must understand that by his actions he should not violate the rights of the owners of other shares,” said Maria Litinetskaya, managing partner of the Metrium company.

The owner of a share in residential real estate is obliged to pay property tax and utility bills, in addition, notify other home owners about planned transactions with their share of property (sale, rent, collateral, etc.). The owner of a share in the premises must keep his property in order and eliminate emergency situations, even if he does not actually use the premises.

“Shared ownership is limited use. If the other owner does not live in the apartment, do not forget that he can use his living space at any time,” notes Irina Berbeneva.

How are housing and communal services paid?

At the same time, any participant in shared ownership has the right to apply to the management company with an application to issue him a separate invoice for housing and communal services in proportion to his share, said Svetlana Krasnova, head of the legal service of the Inkom-Real Estate company.

“The law determines that a participant in shared ownership is obliged to participate in the costs of maintaining and preserving the property in proportion to his share,” says the expert.

Is it possible to register someone in a shared apartment?

The owner of a share in an apartment has the right to register in it himself without the consent of other owners.

He can also register his minor child there, since according to the law, the place of residence of a minor under 14 years of age is the place of residence of his parents (or one of them).

If the owner wants to register a spouse, parents, other relatives, as well as persons not related to him, in a shared apartment, then he will have to obtain the consent of all co-owners of the apartment.​

How to allocate your share so as not to depend on anyone

The Russian Civil Code allows you to allocate a share in kind, but only if it is technically possible to equip this part of the housing with a separate entrance and bathroom. Only if these standards are observed, it is possible to register an object in the cadastral register and register ownership of it.

“When allocating a share in kind, a participant in shared ownership becomes an individual owner, and for him, shared ownership of the property ceases,” explains Svetlana Krasnova.

 “But in relation to apartments, the implementation of the procedure for allocating a share is practically impossible.

Therefore, most often, share owners go to court with a demand to determine the procedure for using the apartment (assigning a specific room to the plaintiff).”

Dividing modern apartments is not easy, since the total area must be at least 28 square meters. m (SNiP 01.31.2003) taking into account the layout features. If we imagine that the apartment is very large and it is possible to arrange two separate entrances in it, then changing the residential and non-residential areas, installing new equipment and supplying communications will not be cheap.

“In cases where the allocation of a share in kind is complicated by objective reasons, lawyers advise allocating your share in monetary terms,” notes Irina Dobrokhotova. “The owner who renounces his share will receive money in return from other co-owners, who will then be able to distribute his share among themselves.”

Is it possible to sell my share?

“If the owner of a share violated the right of pre-emption of other shareholders, then they can file a lawsuit within three months, which will return this right to them,” says Maria Litinetskaya.

 “This scenario is possible not only if the owner sold his share secretly from other owners, but also if he inflated the value of his share when notifying them, and assigned a lower price to an outside buyer.”

A joint sale (the simultaneous sale of the entire shared apartment) is always much more profitable than the sale of a share, says Sergei Korshunov, a broker at the Century 21 Milestone real estate agency. It is necessary to use every opportunity to come to an agreement with other share owners and hire a professional agent who can convince your relatives to sell jointly.

“Your share and your possible problems with relatives are not needed by anyone except professional market participants - resellers,” notes Korshunov. “This means that the real cost of the share will be at least 30% lower than that calculated arithmetically from the cost of the entire apartment.”

Difficulties in managing shared property

Russian legislation does not limit the minimum size of ownership shares. This opens the way to endless fragmentation of any premises.

“Owners with tiny shares can apply for one apartment,” explains Maria Litinetskaya.

 — In judicial practice, there have been cases when the owners of, say, 1/40 of an apartment demanded that they move into housing and remove the obstacles that the owners of half or a third of the apartment put in their way.

Usually the court orders payment of compensation, that is, it actually forces the owner of a larger share to agree to buy out a minor share.”

We must understand that common property often unites people with conflicting interests. Not all shared property owners pay utility bills and taxes equally responsibly.

One of the owners may try to secretly or fraudulently sell his share. Other conflict situations are also possible.

All controversial issues relating to shared ownership (even if we are talking about payment for housing and communal services) are often resolved in court. 

Shared ownership: how to use and dispose of such housing

The owner can rent out his share only with the consent of all co-owners, and only if this share is allocated and represents an isolated room, that is, a whole room. If housing is transferred to a legal entity, then it can use the residential premises only for citizens.  

The material was prepared with the participation of the Federal Notary Chamber, lawyer of the law office "Leontyev and Partners" Tamaz Mstoyan, director of the GASIS urban development center Konstantin Shishka, head of the office "In Novogireevo" "Miel-Network of Real Estate Offices" Yulia Antyasova, leading legal consultant of the Legal Service "Inkom" -Real Estate" by Olga Kladkova.

If an agreement between the owners is not reached, then they have the right to go to court, which must establish the procedure for paying for residential premises and utilities in proportion to the shares of ownership for each of the owners.

It is impossible to force one of the co-owners to sell his share to a third party.

The possibility of forced payment of monetary compensation for his share is permissible by court decision in the case of the simultaneous presence of the following conditions: the share of the co-owner is insignificant, cannot be realistically allocated, the co-owner does not have a significant interest in the use of the common property.

 According to paragraph 4 of Article 252 of the Civil Code of the Russian Federation, in such cases, the court can, even in the absence of the consent of this owner, oblige the remaining participants in shared ownership to pay him compensation. There are quite a lot of such court cases. As a rule, the owner of the larger share buys out the smaller one.

Then an expert assessment of the market value of the share is carried out in court.

Thus, if, for example, we are talking about tiny shares, say, 1/100, then your co-owner owns literally a few square centimeters, you can go to court with a demand to buy out this micro-share. And then the court may oblige him to sell this share.

For such transactions, a mandatory notarial form is established. Let's say that there are three co-owners of the apartment, each of whom is ready to sell his 13. There is also a third party who wants to purchase this entire apartment. All parties to the transaction must appear before the notary.

He will request the documents necessary for the transaction, including from the Unified State Register of Real Estate (USRN), make sure of the legal capacity of all co-owners, the absence of defects of will, and so on.

If the owners of shares contact the notary at the same time, then in this case the notary will not require documents confirming that the co-owners have notified each other of their intention to sell their shares. In this case, the agreement for the sale of the apartment by all co-owners can be concluded at their request in the form of a single document.

If the co-owners do not approach the notary together, but at different times, the notary will require confirmation that all owners of the apartment have been notified that the co-owner wishes to sell his part.

If circumstances require it (for example, the co-owners are strangers to each other or are in conflict), then the DCT specifies how much each of them receives when completing the transaction.

If the co-owners are, for example, spouses who are in a normal relationship, then the amounts do not need to be specified.

Alienation of shares of an apartment that is in common ownership for any type of transaction (purchase and sale, exchange, gift) is subject to mandatory notarization. This is necessary in order to prevent cases of apartment raiding.

The main thing that the notary checks is whether the pre-emptive right to purchase of the remaining co-owners of the apartment has been respected, if we are talking about a purchase and sale transaction.

The notary himself can notify the co-owner if the owner of the share for some reason is not ready to deal with this personally.

The most indisputable, according to the Federal Chamber of Notaries, is sending a notice by registered telegram through the post office, asking the post office employees to give you a copy of the telegram sent to the co-owner.

Then it will be clear when and what content you sent the telegram. This will be proof that you have notified your co-owners of your intention to sell your share.

The fee for certifying a transaction will be 0.5% of its amount, but not more than 20 thousand rubles.

The owner of a share in an apartment has the right to register in it without the consent of other co-owners, however, registration by the owner of a share of third parties in the apartment will require the consent of other shared co-owners, with the exception of registration of minor children of co-owners (Article 20 of the Civil Code of the Russian Federation).

One of the co-owners of the apartment can buy out the shares of other owners by reaching an agreement with them or, under certain circumstances, forcefully buy out the shares.

Thus, if the owner’s share in relation to the size of the shares of other co-owners is significant (that is, it is the largest share compared to the shares of others), then in court the co-owner can take turns recognizing the shares of the cohabitants as insignificant and buy them out. Redemption is possible only if all three conditions are met simultaneously: the share of the co-owner is insignificant, this share cannot be realistically allocated, the owner does not have a significant interest in the use of the common property (Article 252 of the Civil Code of the Russian Federation).

The issue of forced redemption is resolved, as a rule, by the courts in cases of allocation of shares in kind. Moreover, whether the share is insignificant or not is decided by the court in each specific case, taking into account all the circumstances of the case.

For example, the court may take into account the following circumstances: the need to use this property due to age, state of health, professional activity, the presence of children, other family members, including disabled people, and so on.

The owner of a share has the right to dispose of his share at his own discretion, and other co-owners have no right to interfere with him. However, the law establishes some features of the owner’s disposal of his shares.

If the co-owner of the apartment has not responded to your offer to sell a share in the ownership of the apartment, or refused to purchase it, then you have the right to sell your share in the apartment to any third party at the price and on the terms that you indicated in your letter to the co-owner of the apartment . The cost of the price for the new buyer cannot be lower than that which was offered to the co-owner.

A participant in shared ownership has the right to demand the allocation of his share from the common property (Article 252 of the Civil Code).

For example, the allocation of a share in kind in a residential building is allowed only if it is possible to organize a living space completely isolated from the rest of the house, that is, with a separate entrance and independent communications.

The allocation of a share in kind is possible both by agreement of the co-owners and in court if agreement has not been reached.

It is important to take into account that allotment in kind is prohibited if its implementation is impossible without causing disproportionate damage to property that is in common ownership (for example, the impossibility of using the property for its intended purpose, a significant deterioration in its technical condition or a decrease in material value). If it is impossible to allocate a share in kind, then the court, at the request of the allocated owner, has the right to oblige the remaining participants in the shared ownership to pay him monetary compensation. Having received such compensation, the owner loses the right to his share.

Possession and use of property in shared ownership is carried out by agreement of all its participants (in accordance with Article 247 of the Civil Code of the Russian Federation). Each owner owns and uses part of the common property and bears the costs of its maintenance in proportion to his share.

If the participants in common shared ownership cannot reach an agreement on the conditions of ownership and use of common property, then the dispute is resolved in court. In practice, most often, owners agree among themselves orally.

Under the regime of common joint ownership, such shares are not defined. In this case, the owners own and use the common property jointly, but one of the owners has the right to dispose of the entire property only with the consent of the other co-owners. And in order to dispose of your part of the joint property, you must go through the procedure of allocating a share.

Registration in an apartment with shared ownership

One type of private ownership of real estate is shared ownership. The size of shares is determined by agreement of the parties or by law (for example, during privatization, the number of shares is equal to the number of persons who have permanent registration in the apartment, provided that no one refuses to participate in privatization).

In accordance with modern legislation, owners of residential space have the right to live on it and dispose of it, within the framework established by law.

Each case is unique and individual. Understanding the basics of the law is useful, but does not guarantee results. The possibility of a positive outcome depends on many factors.

Every citizen of the country, as well as persons arriving from other countries, are required to notify the state of their place of permanent or temporary stay in Russia. A person can be registered in any premises suitable for habitation. For violation of the registration rules, administrative liability is provided in the form of a fine.

In this regard, in practice there is often a situation where the owner, having registered his share, wants to register his spouses, children, other relatives or third parties on it.

According to the Civil Code of the Russian Federation, all owners must take part in resolving all issues related to the disposal of property that is in shared ownership, regardless of the size of the share that belongs to them.

Important! The owner of more meters in an apartment does not have any advantages over other owners.

Without the consent of other co-owners, only the owner, as well as his child, has the right to register in his part of the apartment. This is due to the fact that, in accordance with Article 20 of the Civil Code of the Russian Federation, the place of residence of a minor under 14 years of age is the place of residence of his parents (legal representatives) or one of them.

In all other cases, when it comes to registering spouses, parents, other relatives, or generally unrelated third parties, the consent of all co-owners of the apartment is required.

Unfortunately, there are often conflicting, complex relationships between the co-owners of an apartment and it is not possible to obtain their consent.

The way out of this situation, especially if we are talking about a spouse or close relative, is to formalize a deed of gift for a small part of one’s share.

Registration in a private house, which is in shared ownership, has a number of nuances. So, if each of the owners has separate living quarters with equipped isolated entrances, then they have the right to register anyone on their share, without asking the other co-owners for consent.

Situations in life are different. It is quite possible that after some time there will be a need to deregister the person to whom you gave part of your share, but he will refuse to give consent.

In this case, if we are talking about a small share, you will need to go to court with a claim for forced redemption of the share. Judicial practice suggests that in most cases the court satisfies such claims.

But, at the same time, it should be remembered that when making a decision, the court examines all the circumstances of the case and makes a decision based on its own judgment and the law, and if the defendant has a difficult financial situation and lacks ownership of other real estate, then the court can stand on his side.

If you have difficulties obtaining registration in an apartment that is jointly owned, we recommend that you seek help from a qualified lawyer who will certainly help you find a “way out” of the situation.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Ask a lawyer a question

Is it possible to register a husband without the consent of other owners?

I have a 1/8 share in a two-room privatized apartment.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

One of the owners does not give permission for my adult daughter and one-year-old granddaughter to register as my share. In such situations, there are only the following options: Now the FMS does not require such consent and registration is painless, but practice is changing (definition of the RF Armed Forces N 4-KG13-32 dated).

I need a sample statement of claim to the court to resolve my issue without the consent of other owners. Unfortunately, taking into account your situation, it will not be possible to resolve the issue of registration of your daughter and granddaughter in court without the consent of one of the owners (participant in shared ownership). Therefore, it is possible that the FMS may require consent from other shareholders (especially since there is a dispute).

There is no financial opportunity to contact a lawyer. If you have questions about the topic of the article, please do not hesitate to ask them in the comments.

• One type of private ownership of real estate is shared ownership.
• The size of shares is determined by agreement of the parties or by law (for example, during privatization, the number of shares is equal to the number of persons who have permanent registration in the apartment, provided that no one refuses to participate in privatization).
• In accordance with modern legislation, owners of residential space have the right to live on it and dispose of it, within the framework established by law.

How to register a child in an apartment with other owners without their consent | Legal Advice

1. Every citizen of the country, as well as persons arriving from other countries, are required to notify the state of their place of permanent or temporary stay in Russia.
2. A person can be registered in any premises suitable for habitation.

3. For violation of the registration rules, administrative liability is provided in the form of a fine.
4. In this regard, in practice there is often a situation where the owner, having registered his share, wants to register his spouses, children, other relatives or third parties on it.

Registration in an apartment with shared ownership

According to the Civil Code of the Russian Federation, all owners must take part in resolving all issues related to the disposal of property that is in shared ownership, regardless of the size of the share that belongs to them. The owner of more meters in an apartment does not have any advantages over other owners.

Without the consent of other co-owners, only the owner, as well as his child, has the right to register in his part of the apartment.

This is due to the fact that, in accordance with Article 20 of the Civil Code of the Russian Federation, the place of residence of a minor under 14 years of age is the place of residence of his parents (legal representatives) or one of them.

• In all other cases, when it comes to registering spouses, parents, other relatives, or generally unrelated third parties, the consent of all co-owners of the apartment is required.
• Unfortunately, there are often conflicting, complex relationships between the co-owners of an apartment and it is not possible to obtain their consent.
• The way out of this situation, especially if we are talking about a spouse or close relative, is to formalize a deed of gift for a small part of one’s share.
• In this case, having received square meters of property, the new co-owner will be able to register for them completely legally.
• Registration in a private house, which is in shared ownership, has a number of nuances.

So, if each of the owners has separate living quarters with equipped isolated entrances, then they have the right to register anyone on their share, without asking the other co-owners for consent. It is quite possible that after some time there will be a need to deregister the person to whom you gave part of your share, but he will refuse to give consent.

Registration in an apartment with shared ownership, is it possible and how to register for your share without the consent of other shareholders in 2023

If you have difficulties obtaining registration in an apartment that is jointly owned, we recommend that you seek help from a qualified lawyer who will certainly help you find a “way out” of the situation. Due to recent changes in legislation, the information in this article may be out of date!

1. Our lawyer will advise you free of charge - write in the form below.
2. The concepts of “registration” and “registration” are perceived as synonyms, and there is some truth in this.
3. Previously, it was believed that registration meant a certain “binding” to the place of residence and limited the rights of citizens to freedom of movement, after which the definition of “registration” was introduced.

Now, when we talk about registration, we mean registration. It can be permanent or temporary, but is mandatory for each citizen of the Russian Federation.

Owners of shares of real estate, as well as owners of the entire property, should know: it is possible to register registration for other persons in their share of housing, observing certain rules.

The main legal act reflecting the features of registration of citizens of the Russian Federation is Law No. 5242-1 of the city.

“On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” (hereinafter referred to as the Law). 3 of the Law, Russian citizens are required to register at their place of temporary residence or place of residence.

Control over the implementation of registration is entrusted to the internal affairs bodies.

Registration at the place of residence implies a link to a property located at a specific address. 2 of the Law, such an object can be a residential premises. 15 of the Housing Code of the Russian Federation, the “residential” category includes isolated real estate suitable for living in accordance with sanitary and technical standards.

• From this point of view, a share in an apartment is an object suitable for registration.
• Temporary registration at the place of residence is possible in any premises that are suitable for residence and serve as a place of temporary residence for a citizen, even if it is not residential.
• These include: Having arrived at the place of temporary stay, you need to register within a period not exceeding 90 days.

If the residential premises are located in the same locality as the permanent registration, there is no need to undergo temporary registration. You can deregister yourself.

Then certificate No. 7 is issued at the previous place of registration to be presented at the new place of registration.

It is also possible to simultaneously withdraw and register at a new place of residence.

If the property is registered in Rosreestr, and the owner has not presented a document providing grounds for moving into the residential premises, an employee of the registration authority requests information from Rosreestr independently, and registration is carried out within 8 working days from the date of submission of documents: applications for registration at the place of residence, certificates personality.

In order to avoid liability for violation of the law, it is in the interests of the owner and the occupant to resolve the issue of registration within the established time frame (see.

The division of an entire object into shares occurs as a result of privatization, transfer of property by inheritance, during the division of jointly acquired property by spouses, as a result of donation, sale.

244 of the Civil Code of the Russian Federation, an apartment in shared ownership has several owners.

Their shares in the object can be real (allocated in kind), for example, rooms in a communal apartment, or ideal. Regardless of whether the share is large or small, the owner has the right to rent it out, sell it, or give it away.

1. If one of the co-owners decides to dispose of their property, it is necessary to ask the consent of the co-owner neighbor.
2. It is also possible to register in an apartment with shared ownership of third parties not from among the shareholders, but for this it is necessary to notify the others and obtain their written consent for registration.
3. Different rules apply to minor children.

They can be registered without the consent of the other shareholders (For information on how to cancel the registration of a child, see our article “Extract from the apartment of a minor child”). If the share is allocated in kind, the owner has the right to dispose of it at his own discretion.

• In case of common shared ownership, the consent of the remaining owners must be obtained.
• If a child under 14 years of age is registered, his presence is not required, since the interests of the minor are represented by the parents (guardians).
• For older children, attendance is required.
• The child signs the application along with his representative.

Registration in an apartment in shared ownership registration

1. Other shareholders do not have the right to prevent a child from registering if his parent is one of the owners.
2. Registration of spouses at the place of residence of the other half is possible only with the consent of the remaining co-owners.

3. The exception is communal apartments, where shares are allocated in kind.
4. When applying to the department of the Ministry of Internal Affairs to obtain registration, you must provide documents: The document does not have a statute of limitations, unless otherwise indicated in its contents.

If the agreement is executed by a notary, it may be urgent. If the case is won, the defendant shall reimburse the costs.

Oral consent is allowed if it is given in the presence of an employee of the passport office, and the shareholder has an identity card.

According to the law, it is possible to obtain registration without the consent of co-sharers in the following cases: Spouses purchased an apartment during marriage, and contractually assigned themselves ½ of it, becoming participants not in joint, but in shared ownership.

Since the apartment was a two-room apartment, it was not difficult to determine the order of use of the property: everyone lived in a separate room. On his own initiative, the husband decided to register a new wife, but the ex-wife objected, threatening to sue.

If the case goes to court, you will have to spend money on paying for the services of a lawyer (the amount is determined by agreement of the parties), a state fee for filing a non-property claim in the amount of 300 rubles. The ex-husband received a notification about this from the postman, since according to the rules (Art.

How to register a newborn child in an apartment, list

• 250 of the Civil Code of the Russian Federation) he has the right of first refusal.
• As a result, the co-owner purchased his ex-wife’s share at the stated price, fearing harassment from potential co-owners.
• In the above example, there are no illegal actions, but if desired, the ex-wife could file a lawsuit to have the registration declared illegal.

As a result, a new procedure for use would have to be determined anew, also in court.

There is another option to prevent the registration of an unwanted co-owner of a small share - to force him to sell his part of the property in court. 252 of the Civil Code of the Russian Federation, if the share is small, and its allocation is impossible without disproportionate damage to property, in court it is possible to obtain payment to the owner of a small share of monetary compensation in exchange for the right of ownership.

However, there are some caveats: If the co-owner lives in the apartment and is interested in using it, it will not be possible to evict the unwanted co-owner.

The judgment about the possibility of unhindered registration without the consent of other owners is erroneous. opposed the registration of new owners and their children in the property. 247 of the Civil Code of the Russian Federation: the use of property in shared ownership is possible only by agreement of the parties.

Living together - legal advice

1. Despite the presence of a document on ownership, the rule for co-sharers is to respect the interests of the other owners of the house or apartment, otherwise grueling litigation and damage to relations with co-owners cannot be ruled out.
2. Do you need to register a person in an apartment with shared ownership?
3. Do not take hasty actions, because if the law is not observed, even the actions of the registration authority are contestable.
4. But you shouldn’t delay registration either - this is fraught with an administrative fine.
5. We recommend asking your lawyers whether consent is required for registration when registering a relative, child, or acquaintance in a share of an apartment?
6. You probably want to hear the answer to the question of how to register if the co-owner disagrees?
7. Answers to all questions are provided free of charge - on-duty lawyers will review your request 24/7 at any time of the day or night.
8. Housing legal relations are often accompanied by quarrels and litigation.
9. Often the problem arises because one owner begins to find out whether it is possible to register a person without the consent of other owners and how long it will take.
10. Sometimes registration is necessary without the consent of the person prescribed.