Discharge the ex-husband, who is not the owner, from the apartment. How to expel your ex-spouse from the apartment after a divorce? We write out our ex-husband without his consent

Will be required to deregister at your place of residence. Find out also about the time frame you need to leave the apartment, and whether it is possible or.

What does the law say?

Is it possible to deregister an ex without his consent? Yes it is possible. The Housing Code of the Russian Federation provides for this if the square meters are in private property and in (termination of the social tenancy agreement) - if they belong to the state.

Methods

Can be used following methods:

• come to an amicable agreement with the “ex” and appear together at the Criminal Code or the passport department of the Department of Internal Affairs, where deregistration will take place;
• file a lawsuit demanding forced discharge if the person does not compromise;
• if the ex-spouse does not have a share, but is simply registered, donate the living space to a third party, after which the new owner will expel from there in court everyone who has no relation to him (Article 292 of the Civil Code of the Russian Federation), and then transfer it back (read about the prescribed ). Another option is to sell the property along with the one you have registered and buy yourself a new one. True, this will mean a significant loss in the value of the home.

Many women ask questions: “How to sign my ex-husband out of the apartment if I am the owner?” The simplest option is if the home already belonged to the wife before the wedding and he lived there.
In this case, even the trial will not be something complicated; he will simply be removed from the passport register.

• use of housing for other purposes;
• non-payment of housing and communal services (read about the discharge of a person who);
• destruction of living space or reducing it to an uninhabitable state;
• a person, through his violations, endangers the life and health of other inhabitants of the house.

And it won’t be possible to immediately take it and write it out. How to discharge your ex from a municipal apartment without his consent? It will be necessary file a complaint with the municipality and the district police officer.

Officials must go to the address, interview people living in the neighborhood and make sure that the complaint is truly justified, and a corresponding report is drawn up.

After this the citizen receives a warning about the liability that threatens him and the requirement to eliminate violations.

Moreover, the wife must understand that by demanding to evict her husband from social housing, she may even lose her registration— the law provides for the eviction of the tenant along with his family.

Then deregistering it will not make any sense at all - even if it succeeds due to a happy misunderstanding, it will be registered again as a co-owner at any time. In this case there is only one way out - allocation of shares through the courts and subsequent implementation.

And if the spouse, during the privatization process, renounced his share in favor of another tenant, then Art. 31 of the Housing Code of the Russian Federation does not apply to him and he retains the right to reside in this living space until the end of his days.

To issue an ex, the wife will need to appear to the district court at the place of residence of the responding party and provide the following documents:

IN the statement of claim must be submitted to the court:

• full name of the judicial authority;
• plaintiff's passport information; defendant;
• the actual demand to evict;
• links to current legislation;
• what measures have already been taken, why the husband does not want to leave kindly;
• a list of documents you rely on;
• date, signature.

The court will consider the claim within a month(maybe more, it all depends on the circumstances), after which it will make a decision.

If the decision is positive, the wife must come with a copy of the document to the passport office, after which the ex-husband will be discharged within three or five days.

Obviously, the discharge procedure can be elementary, or it can be very complex. If there is even one doubt, it is better not to seek the truth on your own, but rely on an experienced lawyer on housing law.

Advice from a lawyer on how to discharge an ex-spouse after a divorce in this video:

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The need to expel one of your close or distant relatives from your own apartment (without their consent) may arise for almost any citizen of the Russian Federation. At the same time, it is absolutely not necessary for this person to have a criminal record, repeated warnings about violation of law and order, arrears in paying utility bills, etc.

This procedure is often necessary for any real estate transactions. When concluding a purchase and sale agreement, buyers and intermediaries (realtors) strictly monitor the presence of registered third parties, especially minors, because writing them out later will be very problematic. In addition, a person who has not lived at the place of registration for a long time actually shifts his responsibilities for paying utility bills to the rest of the tenants, who, in turn, are unlikely to want to put up with such a situation.

In what cases may it be necessary to deregister a person without his consent?

Among the most common reasons why an owner may need to remove a person from an apartment are the following:

• separation of spouses and the move of one of them to a new place of residence;
• housing in which third parties are registered, received as a gift or
• the person registered in the apartment ignores the obligation to pay part of the housing and communal services;
• any of those registered do not live in the apartment for a long period of time and there is no information about his whereabouts;
• Living together with other family members in an apartment became impossible due to certain actions of the person registered with them related to drug addiction, alcoholism or violation of the law.
• Municipally owned housing is planned to be privatized without including certain persons among the owners.
• an adult child who has moved away from his parents does not appear for a long time to complete the de-registration procedure.

In any case, regardless of the situation, the decision to remove a person from an apartment without his consent is made solely by court decision.

Legal ways to expel a person from an apartment without his consent

Often, citizens who want to discharge a person registered with them in the same living space encounter certain difficulties. This applies to both homeowners and municipal property tenants living in a state apartment on the basis of a social tenancy agreement. According to current legislation kick a person out of an apartment without his consent possible in two ways. The first is to convince the person to leave the apartment voluntarily by signing all the necessary documents. The second way is to go to court with a view to making a decision to deregister one of the residents. If a person is not able to personally attend the discharge procedure or in court, then he has the right to use the services of a trusted person with such documented powers.

To go to court, you will need not only a statement of claim, but also evidence. For example, if a person has moved to another city or country, and he urgently needs to be discharged, then in addition to a certificate from the EIRC, testimony from his roommates is required. If the neighbors confirm that the citizen does not actually live in the apartment and does not appear there for a long period of time, then this can be considered sufficient grounds for a positive court decision to remove him from the living space.

Procedure for discharge without consent from municipal housing

If the apartment is owned by the state (municipality), then removal from living space without consent by court decision. This norm is defined by the Housing Code of the Russian Federation, namely Article 91, which defines a list of grounds for the legal discharge of residents and members of their family by the landlord (municipality). Such reasons include:

• use of the premises for other than its intended purpose (for example, opening and running a business, store, workshop, etc.);
• obvious damage to property or detection of actions that may lead to it in the future;
• intentional (neighbors).

Another reason for deregistering a person is determined by Art. 90 of the Housing Code of the Russian Federation. This is a regular failure to pay utility bills. In order to remove such a violator from the living space, you must first file a corresponding complaint addressed to the municipality. State authorities are obliged to respond to the claim by visiting the property, interviewing neighbors, concierges, etc. Next, representatives of the municipality issue a warning to the defaulting tenant demanding payment of the debt and the inadmissibility of such behavior in the future. If the citizen continues to violate, then the next legal step is to go to court.

When discharging a person from municipally owned housing, one should not forget about the existence of some nuances that may harm the interests of the remaining tenants. For example, a complaint requesting an exemption may be filed by the wife of a residential tenant. In this case, according to current legislation, she herself may lose registration, since the defaulter is evicted from the state apartment along with her family.

Eviction of a citizen at the request of another tenant obliges the latter to pay the amount of the existing debt (if he has not done so before). The discharge of the tenant of the living space by court decision is carried out if payment for housing and communal services has not been made for more than six months.

How to discharge a person without his consent from privatized housing

If the apartment is privately owned, i.e. privatized and was acquired by one of the spouses before marriage, then in this case there are no problems with the extract. The Housing Code of the Russian Federation, Article 31, establishes the moment of divorce by the end of the right to use the housing of the second spouse. In addition, together with the husband/wife, other family members, if any, with the exception of joint children, cease to enjoy the right to use the property. These may be parents, brothers, sisters and other relatives of the ex-spouse. To carry out the procedure, the owner of the apartment must apply to the court with a corresponding application.

In the event that the privatization of housing was carried out during the marriage, with the consent of all registered residents, then it is not possible to discharge them without consent. Here the homeowner will have to either negotiate with former relatives or buy back parts of their property rights. Because he won't succeed.

Article 31 of the Housing Code does not apply to persons registered in the apartment at the time of privatization and who renounced it in writing. It is simply impossible to deprive such residents of the right to use housing, even in the event of divorce. You can get out of such a delicate situation by drawing up a gift agreement in favor of a third party. After which the new property owner can legally remove the registered residents through the court. But there is one “but” here too. The court does not always rule in favor of the property owner. If the person who is planned to be evicted is, for some reason, unable to provide himself with other housing, then the outcome of the case may be decided in his favor. Moreover, in some cases, such persons may retain the right to lifelong use of housing, even if part of the apartment was acquired by third parties on a legally valid basis.

Features of the discharge of minor citizens

When might a situation arise in which it is necessary to remove a child from the apartment without consent? One of such cases is the registration of a minor with one of the parents, and actual residence with the other. If the living space is owned by the municipality, then the issue can be resolved through the court. To do this, it is necessary to provide written consent from the guardianship and trusteeship authorities, and in the statement of claim it is necessary to note the fact that the child lives at a different address.

If the apartment was privatized before the birth of the child, then it will most likely not be possible to discharge him. Guardianship authorities and the court may consider the fact of deregistration to be an infringement of the rights of a minor. Especially if the discharge is made from a larger living space to a smaller one or from a new apartment to an older housing stock. In addition, a minor child may have his own share in a privatized apartment if he was already registered in it at the time of privatization. In this case, it will be almost impossible to write him out, even through the court.

Conducting any transactions with such real estate may cause retaliatory measures from government guardianship authorities, which in turn may lead to sanctions such as temporary suspension of any transactions with the apartment or recognition of transactions as invalid.

Legal grounds for expulsion from the ex-spouse’s apartment

Let's say right away that get your ex-husband out of your apartment or a wife is quite difficult, however, there are legal grounds for this. The effect of Art. is also applied to divorced spouses. 90-91 Housing Code of the Russian Federation. This means that they can be evicted from council housing without their consent for a number of reasons. Namely:

• disturbing public order causing inconvenience to other residents and neighbors;
• damage to state property;
• use of residential premises for other purposes;
• regular evasion of paying their share for housing and communal services;

In addition, based on a court decision, a convicted spouse can be removed from registration in joint housing. To do this, you need to contact the court or the migration service with an application - a request for an extract from the place of residence and an official copy of the verdict that has entered into force. A convicted person who has returned from prison, in turn, has the right to demand the legal restoration of his registration. If during his absence the apartment was sold, leased or donated, then he retains the right to challenge transactions carried out without his participation in court.

You can remove your ex-spouse from municipal property if you have proof that he does not live in the property. To do this, evidence is provided to the court indicating this, for example, testimony from neighbors or a local police officer. In addition, information from the district clinic or post office that the person has not used the services of the above-mentioned authorities for a long period of time can be used as evidence. You can go to court to have your ex-spouse discharged after one to two years of his actual absence. Based on a court decision, a person is recognized as having lost the right to use this apartment.

However, very often a court decision is made in favor of the person being discharged, legally protecting his rights and interests. For example, if housing was purchased while spouses were living together in marriage, then deregistration without the consent of either of them is unacceptable. The situation is completely different with a privatized apartment, which at the time of marriage is the property of one of the spouses. If the former spouse (husband/wife) was registered after marriage, then the fact of divorce is the basis for his discharge and eviction, even if he has the status of a disabled person.

It is not recommended to register a common-law husband or wife for a long term, even if you are sure of the duration of the relationship. If necessary, to protect your own interests, it is best (up to a year). This way you can avoid many problems with eviction.

In any case, deregistration of persons without their consent requires a mandatory appeal to the court, so it is necessary to stock up on time, patience and the support of a competent lawyer who can explain all the nuances of a particular situation and find the right way out of a difficult situation.

About half the time, Mendelssohn's march will lead to the phrase "your marriage is over" at some point. Sometimes, long before the official divorce, spouses “scatter.” But simply not living together is one thing, but recording everything with a stamp in the passport (on one of pages five to twelve) is completely different.

In the old fashioned way, most of us talk about our former “other half”; in the official language, this process has long been called deregistration at the place of residence.

Is it possible to deregister ex-spouses?

Things happen here. Sometimes ex-spouses illegally demand that their recent “other half” be deregistered. It happens differently - the ex-wife/ex-husband no longer has the right to live/be registered somewhere, but they do not want to follow the laws.

In any case, the spouse whose rights have been violated has to go to court. Now let’s find out what can/should be done to deregister certain categories of former relatives at their place of residence. And we will start with how to expel a common-law wife or official ex-wife-mother without a child from an apartment.

Common-law wife and husband, mother without child

So, is it possible and how to discharge an ex-wife-mother from, a husband or even a common-law spouse from an apartment after a divorce?

First, let's consider a case where it is impossible in principle to write out an ex-wife/ex-husband.

• This situation arises if the spouses bought a home while they were married. After the divorce, they will have to somehow divide everything: for example, sell a “joint” apartment and buy separate ones.
• If the “other half” moves into an apartment/room/house that already belonged to the spouse, then after the divorce, deregistration is an undeniable obligation.

In some cases, the court may give a short reprieve to the spouse (not the owner). But for this, the ex-wife/ex-husband must really have nowhere to live.

Various subtleties are possible here:

1. Before marriage, the husband/wife owned some housing. While the marriage lasted, it was sold, then they bought another one. After such a transaction, the new apartment (room, house) is already joint property.
2. Let’s say a woman lived in a “destroyed” apartment before she got married. During the marriage, the husband transformed an unpleasant home into something much more comfortable to live in; he significantly increased the value of the property. Now such property can be recognized as joint property and divided during a divorce.

As for a common-law wife, this is just a common term, there are practically no legal consequences. However, if a man and a woman were in a de facto marital relationship and lived at the same time, there is one nuance, which will be discussed below.

Second spouse with baby

The situation here can be quite complicated. If it is decided that the child stays with the mother, and the apartment belongs to the husband, the outcome is difficult to predict. A woman loses the right to live in the apartment of her husband-owner. But a minor child is not.

Moreover, since the father is obliged to pay child support, the mother of their common child can go to court with a demand to provide her and the child with other housing. To do this, you just need to confirm that the plaintiff and her daughter/son simply have nowhere to leave, and the ex-wife herself cannot provide housing for herself and the children.

In the case of the ex-husband, everything is the same as in the case of the ex-wife. The only difference is that children are rarely left behind after their parents divorce, so all problems are resolved between adults without the participation of minors.

How to expel an ex-wife or husband from an apartment after a divorce without her/his consent

Does the form of housing ownership affect the deregistration process? Some aspects of this issue have already been touched upon above; all that remains is to specify them. And the first thing we will talk about is how to discharge an ex-wife or husband from a municipal apartment.

From council housing

If the ex-wife/ex-husband continues to live in the apartment, does not spoil or break anything, does not sit on anyone’s neck and pays his share of utilities, then it will not be possible to deregister the ex-“other half” even by a court decision. The court recognizes deregistration as valid only if, after a divorce, the former voluntarily moved to live in another place and does not compensate the employer for his part of the utility bills.

Several years ago, the Supreme Court even considered such a case as relations with an apartment tenant without registering a marriage. Courts are recommended to consider the possibility of recognizing unofficial “halves” as members of the employer’s family (depending on the circumstances).

The following video contains even more information on the issue of excluding ex-spouses from a municipal apartment:

From a privatized apartment or private house

It is possible to terminate registration if the ex-wife/ex-husband does not do this voluntarily through the court, defending the rights of the owner. If the “other half” has nowhere to go, eviction may be delayed. For how long is always individual. If the court allows a former family member to live in the same place, he will have to follow all the rules and pay part of the utilities.

You may be interested in learning how to discharge your ex-wife (husband) from a private home. We answer: everything here is the same as in the case of a privatized apartment.

Are there minor children in the family? There are nuances, they are discussed above. Read on to learn how to expel your ex-wife from your parents’ apartment, and whether a mother-in-law can even remove her daughter-in-law and children from custody.

The video below will tell you how to expel your ex-husband or wife from your own apartment:

From parents' property

One of the parents is a tenant under a social tenancy agreement, and is the ex-spouse included in the agreement as a family member? Difficulties may arise, as in many situations with an extract from the municipality.

If the parents are the owners, the situation is resolved somewhat more simply, although through the courts. There is a provision here regarding the loss of the right to use housing for former family members.

Now let’s complete the picture with cases from judicial practice on how to discharge an ex-wife or husband from an apartment.

Arbitrage practice

Case 1. Roman Nikolaevich went to court because of Vitaly, the ex-husband of his daughter Irina. Soon after the divorce, the ex-spouses quarreled, and Vitaly packed his things and left home in the middle of the night. For seven years he never returned, he settled down to live in another place, and did not pay the “utilities” at his place of registration.

Roman Nikolaevich's claim was denied. The judge found that Vitaly was created into unbearable conditions and created obstacles to his living. The defendant himself insisted on this. A little later, on a cassation appeal, the decision was canceled and the case was sent for review. The panel of judges found that Vitaly did not provide evidence of the impossibility of living, did not declare that he had moved out temporarily, and had accumulated a rent debt. Roman Nikolaevich, after a successful review of the case for himself, was finally able to discharge his former son-in-law.

Case 2. After divorcing his wife, Andrei lived alone in a municipal apartment for six months. Then he had a personal life again, the woman he loved even agreed to marriage. Under one condition - the “ex” must be discharged from the apartment.

Andrei went to court and stated: he is the employer, the defendant Marina has ceased to be a member of the family, the marriage was dissolved in the registry office by mutual consent, since there are no children, and there are no property disputes. The ex-wife has not lived in the apartment for more than six months and does not pay utilities.

However, the defendant Marina did not agree with the claim. She described her departure as temporary. She explained that after the divorce she had to literally run away to her friend, since her ex-husband did not want to coexist peacefully. Marina is ready to pay off her rent debt at any time as soon as she returns to her previous home.

Marina’s testimony was confirmed by Andrei’s neighbor, who had repeatedly heard the echoes of the scandals of the ex-spouses and the plaintiff’s loud demands like “move out, otherwise it will get worse.” As a result, Andrei lost the claim.

A huge number of controversial issues are not resolved peacefully. The claims of former relatives are too deep. If, after all, court proceedings in the case of discharge are a real and inevitable prospect, it is necessary to prepare for it with the utmost care.

Another egregious case from judicial practice regarding the issue of expelling ex-spouses and children from an apartment is discussed in the following video: