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Question

I’ve been living in America for 7 years. Recently I found out that my mother privatized an apartment where she lives (cooperative) and where I have been registered since 1989. She also registered her grandson (my sister’s son) there and didn’t say anything about that to me. In her will made about 10 years ago she intended to leave 2/3 of the apartment to me and 1/3 to the nephew. A month ago I was told that she had made a new will according to which the apartment would be divided in two! The nephew is getting married soon and of course he is going to register his wife there. It is the way of the world that children are born in marriages which means one more dweller. I do not have other living space. I rent an apartment in America… Can my relatives deregister me from the apartment behind my back? In case they can what will I lose? What rights to the apartment have the newly registered persons? Can I register my daughter in the apartment? What shall I do for that? I am sorry for emotions but I wouldn’t like to be left with nothing. Thank you.

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Answer

The question is put in the wrong way. Only a municipal apartment can be privatized; in case an apartment is cooperative it can not be privatized. In case the apartment is municipal and your mother privatized it you may be already deregistered from it (in any case it could be done only judicially). In this case you shall immediately recover your rights. In case the apartment is cooperative: who is the owner? Conclusions can be drawn depending on the circumstances. As for registration of the child, you can register your daughter at the place of your residence without obtaining any of your relatives’ consent (only upon your wife’s consent – Art. 20 p. 2 of the Civil Code of the Russian Federation). Your nephew’s wife can be registered in the apartment only upon written consent of all family members of legal age.

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