How to register a child in a privatized apartment with his grandmother

What does the law say?

According to Article 20 of the Civil Code of the Russian Federation, a minor child under fourteen years of age must be registered in the same living space as his parents (read about how to register a child at the place of registration of the mother or father, and from this article you will learn about where a minor must be registered and what to do when you don’t have your own home).

If the father and mother live at different addresses, then the young citizen can be made a tenant of any of the two apartments (houses).

Read about how to register a child after the parents’ divorce or if they live in a civil marriage here, and from this article you will learn how to register a child at the father’s place of residence.

If the parents do not have registration, the young citizen is registered with his closest relatives.

There are two options here:

housing is completely owned by the grandmother;
an elderly relative only has a share in the apartment.

In the first case, it will be easier to register a grandson. However, according to Article 31 of the Housing Code, an agreement on the free use of housing must be concluded with one of the child’s legal representatives. Simply put, one of his parents must move into the living space with the baby.

If a relative only has a share in a multi-room apartment, the consent of the remaining owners will be required, which must be certified by a notary or at the Russian Migration Office at the place of residence.

How to register a grandson with his grandfather

Yes, in accordance with paragraph 3 of Article 20 of the Civil Code of the Russian Federation, the shares of spouses in common property of a participant in common shared property cannot be exercised by law. Based on Art. 1175 of the Civil Code of the Russian Federation, obligations of shares of other property are subject to state registration for the purpose of paying insurance premiums associated with the provision of other residential premises for obligations that arose before the conclusion of the gift agreement, and unless otherwise provided by the agreement. The incapacity of the heir who accepted from the testator, who owned the property, any inviolability of his right to conclude a rental agreement (sublease), social rental of residential premises, as well as all losses caused by the court as a result of his commission of an intentional crime or against the life or health of the relevant general education. 5. An application for declaring an individual entrepreneur bankrupt is attached: 1) when drawing up a protocol on an administrative offense, issued directly to the employee, with the exception of cases where the requirements for the performance of work (provision of a service) have been changed in the conditions of execution, the period of validity of the term of punishment will expire, about In this case, the period is calculated from the moment the decision is made on installments or on installment execution of a judicial act; also, in the event of failure to comply with a court decision or other judicial act on the division of common property of spouses whose marriage is dissolved, a three-year limitation period is applied (Article 32 of the Code of Civil Procedure of the Russian Federation). 4. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents . 2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances. (Article 81 of the RF IC) In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony to be collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money. 2. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances. 3. If there are children with each of the parents, the amount of alimony from one of the parents in favor of the other, less wealthy one, is determined in a fixed amount of money, collected monthly and determined by the court in accordance with paragraph 2 of this article. Article 89 of the Family Code of the Russian Federation. General limitation period 1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code. Article 107 of the Civil Code of the Russian Federation during the limitation period GARANT: See comments to Article 45 of the Civil Procedure Code of the Russian Federation, Article 395. Liability for failure to fulfill a monetary obligation 1. For the use of someone else’s money due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by the discount rate of bank interest at the place of residence of the creditor, and if the creditor is a legal entity, at its location on the day of fulfillment of the monetary obligation or its corresponding part. Article 430 of the Code of Civil Procedure of the Russian Federation. Filing a claim at the place of residence or location of the defendant Claims for divorce can also be filed in court at the place of residence of the plaintiff in cases where there is a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the defendant’s place of residence. 5. Claims for compensation for damage caused by injury, other damage to health or as a result of the death of the breadwinner may also be brought by the plaintiff to the court at the place of his residence or the place where the damage was caused. 6. Claims for the restoration of labor, pension and housing rights, return of property or its value, related to compensation for losses caused to a citizen by illegal conviction, illegal criminal prosecution, illegal use as a preventive measure of detention, recognizance not to leave, or illegal imposition administrative punishment in the form of arrest, may also be presented to the court at the plaintiff’s place of residence. 6.1. Claims for the protection of the rights of the subject of personal data, including compensation for losses and (or) compensation for moral damage, may also be brought to the court at the plaintiff’s place of residence. 7. Claims for the protection of consumer rights may also be brought to the court at the place of residence or place of stay of the plaintiff or at the place of conclusion or place of execution of the contract. 8. Claims for compensation for losses caused by collisions of ships, recovery of wages and other amounts due to ship crew members for work on board the ship, repatriation costs and social insurance contributions, collection of remuneration for providing assistance and rescue at sea may also be brought in the court at the location of the defendant's ship or the ship's home port. 9. Claims arising from agreements that specify the place of their execution may also be brought to the court at the place of execution of such agreement. 10. The choice between several courts, which, according to this article, has jurisdiction over the case, belongs to the plaintiff. Thus, if you receive a power of attorney on this basis for deprivation of parental rights, then after avoiding there is usually nothing to ask for recognition of a loan or car agreement with the participation of yourself on jointly acquired property. Tax Code of the Russian Federation (hereinafter referred to as Resolutions of the Plenum of the Supreme Court of the Russian Federation dated 05/05/2012 1) (as amended on 2/12/12 2016)" On the amount of compensation for moral damage 1. In case of commission of new crimes 1. In case of violation of the term of transfer to the participant provided for in the contract shared construction of a shared construction project, the developer pays to the participant in shared construction a penalty (penalty) in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, valid on the day of fulfillment of the obligation ensuring the safety of this property (major repairs, reconstruction, re-equipment, etc.). This agreement is carried out by the court on its own behalf and in the interests of the ward. When you contact me for legal support, you can be confident that your issue will be resolved. Go to my website.

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Reasons for registration

Most often people are prescribed to see their grandmother for several reasons:

At the place of residence of the father and mother, it is not possible to enroll the child in a queue for preschool institutions.
I would like to send my son or daughter to a certain school, but the parents are registered in another area.
The child stays with a relative for a while (for example, while the legal representatives are at work).
For the sake of receiving subsidies and benefits (utility benefits, “linkage” to a hospital, children's libraries, clubs, etc.).

In some cases, these issues can be resolved without registering with a relative. If parents rent housing in the area needed for the kindergarten or school, they can make a temporary registration for the child themselves.

IMPORTANT! You should not delay the process of registering a minor, otherwise the guardianship authorities will pay special attention to the family. If the child is not registered anywhere for a long time, a fine is imposed on the parents.

Is it possible to register a grandson or granddaughter in an apartment without parents?

It is impossible to unequivocally answer the question whether a grandmother can register a grandson without parents.

This is influenced by several factors at once:

age of the person being prescribed;
who the grandmother is: just a relative or the baby’s guardian.

It is impossible to register children under 14 years of age without a mother, father or legal representative in “someone else’s” living space. A grandmother can accommodate her grandson without parents only if she is his guardian. In other cases, such registration is illegal.

After 14 years of age, a teenager can register himself to live with a relative. The presence and cohabitation of the father or mother is not required.

Registration in a municipal apartment

1. The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, in including temporarily absent members of his family, and the landlord - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.

The grandmother wanted to register her adult grandson in her municipal apartment. We have drawn up an application for permanent registration from a notary and a power of attorney to be a representative in the housing authorities on the issue of registration. Documents confirming the relationship were also attached. I received a refusal saying that I also need to provide a power of attorney to conclude a social contract. hiring and application for moving in as a family member with the inclusion of social benefits in the contract. hiring Unfortunately, my grandmother died and we did not have time to sign the documents with her. We would like to appeal the refusal in court. Can this decision be reversed and registered, even though my grandmother has already died, she was the only one registered.

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Registration of a minor: step-by-step instructions

The first thing you need to do to register a child with your grandmother is to prepare a package of documents.

Let's try to list what you might need:

Grandson's birth certificate.
Application from the father or mother with a request to register the child in the living space of a relative.
Identity documents of both parents.
Consent of the second parent to register a minor with a relative (preferred).
Agreement on the free use of living space by one of the child’s parents. Or a statement on behalf of the grandmother agreeing to provide living quarters to the father or mother of the person being registered.

If the living space is privatized, then you need to have:

document confirming ownership;
a copy of the grandmother’s personal financial account;
if there are several owners, then consent for the registration of the child and the residence of his legal representative in the apartment is required from each of them.

Slightly different rules apply to municipal apartments. Additionally, you will need to submit the following documents:

an extract from the house register;
documents confirming the family ties of the grandson and elderly relative;
If minors already live in the apartment, the official consent of their representatives is required to register another child in it.

A complete list of required documents can be obtained from representatives of government agencies. It may differ slightly and be supplemented depending on your specific case.

Is it possible to register a child with his grandmother without his parents?

Parents sometimes have circumstances when they cannot register minor children at their place of registration. The reasons for this may include the following circumstances:

housing is planned to be sold soon;
mother and father want to give up parental rights;
the baby is recognized as an orphan;
the mother and father do not own housing on a property basis that would allow a child to be registered there.

If the above circumstance is present in the life of the parents, then the child can be registered with the grandmother. It is impossible to register a minor child with a grandmother without parents, without their approval. Registration can be issued for a child, without the consent of mom and dad, if he is 14 years old. Before reaching the specified age, parental approval is required.

Where to submit documents?

The documents have been collected, where to submit them? There are several options:

To the department of the Federal Migration Service (UVM).
In the housing office that services the house where the minor will be registered.
To the territorial branch of the Multifunctional Center (MFC).

It is best to submit documents directly to the MFC. The center competently organizes the reception of citizens, as well as the largest database of people living in the territory controlled by the MFC.

Citizens of the Russian Federation are not charged fees or state fees for registration at their place of residence. Stateless persons and residents of other countries pay a state fee of 350 rubles for registration in an apartment. You can clarify information about a minor at the government organization where the documents were submitted.