The housing issue spoils many.So many battles sometimes flare up because of the notorious square meters! And one of the most burning topics is always a residence permit. Often, people are afraid to prescribe their most immediate relatives who have found themselves without a certain place of residence, being afraid of the subsequent divisions for a share in the apartment. Especially this applies to underage children, which are then extremely difficult to write out.
Let's consider in more detail, in what case a residence permit is registered without the right of ownership, and what are the nuances when registering tenants in an apartment.
Most often under a residence permit without the right of ownershipunderstand the registration at the place of stay (temporary or permanent), under which the registered person will not have any property rights to housing. This registration is most often made by visitors from the CIS countries and China, Vietnam, who come to the capital (and not only to the capital) to work. However, citizens of Russia, registered on its territory, may need to register a residence permit when moving and working. Permanent registration (or temporary, but for a long period of time) is necessarily required for a device for a few more or less decent jobs. Not to mention the fact that without registration, visitors can be expelled from the country.
If the apartment is owned, that isprivatized, then the people prescribed in it do not have rights to a part of this apartment when selling. Even if the owner is one, and there are 10 registered. In this case, registration in the apartment (that is, a residence permit) is made without the right to live.
Difficulties can arise in the event thatapartment is municipal. If a person is registered in municipal housing, and then housing is decided to be privatized, the registered person can claim a share in the apartment - or he will have to evict. The owner in this case is the state, and only it can evict from the apartment by a court decision. And the court can make a positive decision only in some cases:
- When a person does not live in the place of residence for six months or more.
- When he does not pay utility bills for 6 months.
- When he used the dwelling not for his living.
- When he regularly violates the regime and the peace of neighbors (violations must be officially recorded).
As a consequence, a residence permit without the right toProperty in municipal housing is fraught with enormous difficulties. Accordingly, registration with a high probability may lead to parting with part of the living space.
A separate point is a residence permit without the right toproperty of the child. This refers to a minor child. Here, too, there are certain difficulties. The child registered in the municipal housing will have his share in privatization. In an apartment that has already been privatized (that is, it is in someone's property), a residence permit without a property right is issued, but the child does not have the rights to the meters, and evicting it on occasion will be quite difficult. Accordingly, there will be difficulties in the sale of an apartment, its exchange for a large / smaller, etc. The only thing that can be done is to write the baby to the territory of his second parent. The truth is there are pitfalls here too - if the new apartment is smaller than the previous one, the guardianship may not give the "good" for eviction.
There is one more nuance.As already mentioned, when registering an adult, a residence permit is issued without ownership. But the registered person in turn can register his child without the consent of the owner. He will not have rights to the living space, either, of course, but to write out the child, if necessary, as already mentioned, is quite difficult.
So although at registration and registration without a property right, but there are a number of nuances that must be taken into account in advance.
