How to expel your wife from the apartment after a divorce without her consent

How to discharge a wife from an apartment after a divorce?

Article 40 of the Constitution of the Russian Federation states: everyone has the right to housing . No one can be arbitrarily deprived of real estate suitable for permanent residence.

But there are certain reasons for this. They are specified in the Civil Code of the Russian Federation, while the final decision on eviction is made only by the court.

The need to go to court often arises for one of the spouses when the other categorically does not want to part with the conditions that are familiar to him.

In this article we will talk about how to expel your ex-wife from an apartment after a divorce without her consent in 2020, and is it possible to do this in relation to the children who will remain living with her?

Does a husband have the right to discharge his ex-wife without her consent?

Is it possible to expel an ex-wife from the apartment without her consent? Divorce is the basis for removing a spouse from registration.

She cannot live in a room/house/apartment if she does not have any documents confirming her right to do so, including a deferment given by the court while the housing issue is resolved.

A number of points to pay attention to:

1. If a spouse privatized an apartment before concluding a civil status act with his wife, he is the full owner of the property. The wife has no rights, the discharge process is simple.
2. If privatization took place after the marriage and the wife has her share, her deregistration is not possible (other ways to resolve the issue are necessary).
3. If the wife refused to participate in the privatization process in favor of the children or spouse, she is not subject to eviction.
4. If the apartment was received by the husband as a gift or inheritance, the wife does not have the right to live in it.
5. If the wife already has a share in another privatized apartment and did not participate in the process of obtaining rights to a new one, she can be evicted.
6. It is impossible to expel a wife from a municipal apartment - both spouses have the same rights to use it. But sometimes it makes sense to file a claim and wait for a decision, for example, if parental rights are deprived for any reason.
7. Likewise, you cannot expel your wife from the service apartment. It is provided by the employer for a certain period. But if, after a divorce, the ex-wife ignores the employer’s demands, this can be used as a reason to go to court.

A separate case is the conclusion of a marriage contract between husband and wife and the procedure for dividing real estate stipulated there. In case of divorce, the court makes a decision based on this document.

Note! During pregnancy and 12 months after the birth of the child, the husband has no grounds to divorce his wife (Article 17 of the RF IC) .

On what basis can a husband discharge his ex-wife, leaving the child for himself?

Subsequently, this state of affairs changed, and children after a divorce have the right to live in an apartment, since they cannot lose the status of relatives. It is impossible to discharge them without providing similar living conditions in another place .

There is an option to place a sum of money on the child’s account equal to the price of a share in the apartment. The courts may take such a step if the child’s mother has a place to live and he will stay with her.

At the same time, they can give her a deferment for a certain period, allowing her to live on the territory of her spouse, if she has children under the age of majority and lacks housing.

It is possible to keep the child, but in practice this rarely happens. Most often, courts leave children with their mother.

The basis for refusal may be the immoral lifestyle of the ex-wife, her failure to fulfill her obligations to raise/develop a child, etc. But this still needs to be proven.

The final decision is influenced by:

1. Material security of each spouse.
2. Presence of mental illness or limited legal capacity.
3. The degree of responsibility of each parent in raising a child. Certificates, oral reports from educators/teachers, references from work, etc. may be used.
4. Schedule. The presence of constant travel, work in another city (shift).
5. Child's personal opinion.

The final decision is made by the court . You can solve the problem without going to the authorities, based on oral agreements. Often mothers leave the child to live with the father, but on the condition that they can see him at any time.

People get officially divorced but continue to maintain good relationships. This option is the most reasonable, even if one of them has a new partner.

In general, it is impossible to discharge a child anywhere. He needs to be provided with conditions no worse than those before.

This can be done with the involvement of specialists from the guardianship and trusteeship authorities (if the child is the owner), providing evidence that the wife has another living space where the child can be registered.

How to expel your ex-wife from the apartment after divorce

If there is every reason for this, then the further algorithm looks like this:

1. Obtaining a divorce certificate.
2. An offer to the wife to move out voluntarily.
3. Filing a claim in court demanding to evict the ex-wife (if she does not agree).
4. Receive the court decision in hand, visit the passport office, remove the spouse from the registration register.

How to obtain a divorce certificate? This document, which will be the main evidence in court that family ties have been terminated.

If the termination was carried out through the court, then the registry office must provide:

1. Passports.
2. The court decision that has entered into force (original).
3. Receipt of payment of the state fee (issued by a civil registry office employee).

If the wife has not filed an appeal, after 3 days the court transfers the decision to the registry office, after which the document can be received at any convenient time.

If both parties voluntarily wish to divorce, the registry office must provide:

1. Passports.
2. Marriage registration certificate.
3. Application for divorce.
4. Document confirming payment of state duty.

When applying, you must file a statement of claim expressing your desire to get a divorce and giving reasons.

After reviewing it, you can pick up the document in at least a month. A corresponding entry is made in the register of deeds, and stamps are placed in passports.

If the wife voluntarily does not want to evict, it is necessary to file a lawsuit. It must contain the following information:

1. Plaintiff's details.
2. Data about the property, the features of its acquisition.
3. The period during which the plaintiff was in a marital relationship.
4. Data on divorce.
5. Links to articles of the law (clauses 1 and 4 of article 31 of the RF LC, clause 13 of the resolution of the Plenum of the RF Supreme Court, clause 1 of article 35 of the RF LC, art. 31, 35 of the RF LC, art. 131, 132 of the RF Civil Procedure Code).
6. Demand to terminate the right of use and eviction of the defendant.

Attached to the statement of claim:

1. A document confirming ownership of the apartment.
2. Certificate of divorce.
3. A notice requiring you to vacate the premises (if any).
4. Document confirming payment of state duty.

If she has no other place of residence, the court may temporarily allow her to use the premises while the housing issue is resolved.

If there are children together, this development of events is most likely. It is also necessary to take into account the fact that when paying alimony to the wife, the court may oblige the husband to provide her and the children with housing equivalent to the child’s share.

Obtaining a court decision is possible 30 days after the end of the period allotted for appeal (10 days).

The owner of the property, if necessary, can write a statement demanding the issuance of a writ of execution and attach it to the application to initiate proceedings.

After receiving the decision, it must be taken to the registration authority, after which the former relative will be discharged from the apartment. The process for leaving a private home is similar.

How to deregister children after divorce

How to remove children from an apartment after divorcing your wife? Basic Rules:

1. The need to obtain permission from the authorities entrusted with the duties of guardianship and trusteeship, provided that the child has a share in the apartment;
2. Providing the child with conditions no worse than before;
3. If the apartment is sold and there are no plans to purchase a new one, the owner of the premises must open an account for the child and deposit an amount equal to the value of his share (area).

If the child is the owner (privatization, maternal capital, etc.)

In order to remove a child/children from registration, you need to take a passport, birth certificate, a document that contains information about living family members and visit the district department of the guardianship authority.

Write a statement there and get a conclusion. If consent is obtained you need to:

1. Contact the FMS.
2. Write an application on behalf of the child requesting discharge, attach all the above documents.
3. Fill out the departure form and wait for checkout.

In some cases, deregistration is only possible with the purchase of a new property. Therefore, during the process you need to draw up a purchase and sale agreement.

If the child is not the owner

In this case, the consent of the guardianship authorities is not required. It is enough to visit the passport office and write an application to remove the child from registration.

Attach a birth certificate, your passport, and a technical passport for a new apartment (if purchased).

If the discharge occurs from a municipal apartment

If both parents agree to deregister the child, they need to contact the guardianship authorities to submit an application, providing the following documents:

1. Original and copy of the order and social tenancy agreement.
2. Original and copy of an extract from the house register.
3. Birth certificate, if you are 14 years old - passport and photocopy.
4. Unified housing document.
5. Your passports.
6. Account card.

After checking compliance with legal requirements, the guardianship authority will issue an opinion within 14 days. Further actions:

1. Filling out an application at the passport office (passports, birth certificate, conclusion of the guardianship authority, social tenancy agreement are attached to it).
2. Filling out the departure form.
3. Receive a statement after 3 days. After this, the child must be registered in another apartment.

Children should not suffer from the difficulties encountered by their parents . Sometimes divorce is the only way out, but this is not a reason to forget about the child.

It is important to find strength within yourself and maintain communication so that he feels like a member of a full-fledged family.

The contribution of each parent is equally important for the proper development of the personality of their son or daughter. Therefore, it is so necessary to be able to think not only about yourself, but also about the child.

How to expel your ex-wife from the apartment after a divorce without her consent

Sometimes the situation has already reached a critical point - the ex-wife refuses to leave the apartment, citing the fact that she has nowhere to go.

What to do in such a situation, how to write your ex-wife out of the apartment after a divorce without her consent in 2020?

According to Art. 40 of the Constitution of the Russian Federation, every citizen has the right to housing. Without the consent of the resident, it is impossible to deprive him of a roof over his head.

However, when it comes to ex-spouses living in the same apartment, divorce is the basis for deregistering one of the spouses. This is stated in paragraph 4 of Art. 31 of the Housing Code of the Russian Federation.

The basis for eviction of the ex-wife will be the termination of family relations, confirmation of which will be the presentation of a certificate of divorce.

Grounds for deregistration of an ex-wife

The main reason for expelling an ex-wife from her ex-husband’s apartment will be divorce. But there are other grounds for deregistering a wife:

• Only the divorced spouse took part in the privatization of housing. Since the man in this case is the sole owner of the property, he has the right to remove the tenants from it without their consent. This rule is spelled out in Art. 30 Housing Code of the Russian Federation;
• the ex-wife is registered at the husband’s residence address, but in fact lives in another place, and she does not pay utilities in the apartment where she is registered. On this basis, the ex-spouse has the right to discharge the ex-spouse without her consent, but only in court;
• if the marriage contract states that upon divorce, the apartment completely goes to the husband, while the wife will not have any rights to it.

Read also: What to do if your ex-wife does not allow you to see your child

Refusal to remove wife from registration after divorce

Divorce may not always result in the forced eviction of an ex-wife. There are situations in which it will not be possible to discharge an ex-spouse:

• if she has a share in the apartment;
• if she participated in the privatization of housing;
• if the apartment was purchased by the spouses during marriage;
• if the spouse renounced her share in the apartment during the privatization process in favor of her spouse or child. In this case, the woman retains a guarantee of lifelong residence, while the divorce of the husband and wife will not be the basis for the woman’s discharge in this case;
• if the right to live in an apartment remains with the woman even after a divorce, and such a condition is specified in the marriage contract;
• if the ex-wife has problems finding an apartment to live in, she simply has nowhere to live;
• if the former live in municipal housing under a social rental agreement.

Extracting an ex-wife from an apartment without her consent: procedure

If the ex-wife does not want to leave the apartment (provided that she is not the owner, that is, the housing belongs to her husband), then she can only be forcibly evicted through a judicial procedure.

To remove a woman from registration without her knowledge, it is necessary to go through a number of successive steps:

1. Pre-trial settlement of the situation. Before going to court with a claim for forced eviction of a tenant, it is necessary to negotiate with your ex-wife. To confirm that the conflict situation has been resolved peacefully, it is advisable that the ex-husband notify his wife about the deregistration by sending her a written notice of voluntary deregistration.
2. Going to court. If, after an attempt to peacefully resolve the conflict, the ex-spouse refuses to move out of the apartment, then the spouse must go to court at the location of the property, draw up a statement of claim, attaching the necessary documents to it: a certificate of divorce, grounds for deregistration (payment receipts) housing and communal services exclusively by the ex-husband), a receipt for payment of state duty, an extract from the Unified State Register of Real Estate, title documents for housing.
3. Go through all stages of the trial. The plaintiff must participate in the main hearings and provide the judge with any information related to the claim. The result of the court hearing will be the issuance of a writ of execution to implement the decision.
4. The writ of execution is handed over to the bailiff, who will be able to issue the ex-spouse without her consent by court decision.

Cost of removing an ex-wife from an apartment

The procedure for deregistering any person does not involve any costs other than payment of the state fee for filing a claim. In 2020, the state duty amounted to 300 rubles according to Art. 333.19 of the Tax Code of the Russian Federation.

Deadlines for forced deregistration

If the wife does not want to leave her ex-husband’s apartment, then the matter may drag on for several months:

• 5 days - this period is provided for consideration of the claim;
• it takes from 1 to 2 months to conduct preliminary and main hearings;
• 30 days - the judge allocates this period to the other party to the conflict to appeal the verdict;
• 1-6 months - the judge can give such a deferment for eviction if the woman has nowhere to live, she needs to find an apartment.

Peculiarities

It is not always possible for a husband to expel his ex-wife from an apartment after receiving a divorce certificate. Let's look at examples.

The ex-wife is the owner of the apartment or has a share in the housing

In such a situation, circumstances change dramatically . So, if the housing belongs only to the spouse, then it is impossible to discharge her from the apartment that belongs to her. She can remove her husband’s registration, but not the other way around.

Deregistration from public housing

To force an ex-wife out of a municipal apartment, it is necessary that the man has grounds for this.

If, for example, he can prove that she actually lives at a different address and does not help pay utility bills or make repairs, then the claim may be satisfied in court.

But such an outcome is only possible if the couple has no children . If there are children, then the situation usually becomes more complicated.

Deregistration with a child

To register relatives, it is necessary that the ex-wife has a place where she can register . If she owns housing, then no problems will arise, but if there is no living space, then the woman will have to find an apartment to rent.

But if a woman doesn’t want to move anywhere, then she won’t look for anything. Therefore, in this case, the court will again help resolve the issue.

Even if the husband has every reason to discharge his ex-wife (for example, she leads an immoral lifestyle, does not pay part of the utility bills, etc.), then it will not be possible to discharge the child “to nowhere.”

The judge may order the child to remain in the apartment with the father until the mother registers somewhere.

To deregister a mother and child, the father needs to consider the following points:

• obtain permission from the guardianship authorities to discharge the child - if the minor has a share in the apartment;
• the child must be provided with living conditions no worse than they were in the previous apartment;
• if the father wants to deregister his ex-wife and child due to the sale of housing, then when making a transaction, if he does not want to purchase new housing, he will have to open an account in the name of the child, and then deposit there an amount equal to the value of his share in the sold apartment.

Eviction from official living space

However, divorce is not a valid reason for forcibly deregistering a woman . To remove a woman from registration, more compelling reasons are needed, for example, after a divorce, the woman stopped paying utility bills or fulfilling the terms of the contract with the employer.

However, if during the court hearing it turns out that in the event of a forced eviction, the woman will have nowhere to register, then the judge may give her a reprieve until she finds housing.

Extract from a private home

The procedure for deregistering an ex-wife from a private house is no different from the procedure for deregistering from an apartment . It is possible to evict and deregister an ex-spouse without her consent only through a judicial procedure.

The plaintiff must write a statement asking to remove the person from the registration register, as well as evict him from the apartment.

Answers on questions

Is it possible to discharge the mother and leave the child?

• If she registers at a different address and wants to take the child with her, then in fact she will be able to do this by going to court.
• The fact is that mothers are given preference in raising children, but if the ex-husband can collect evidence confirming that the child is better off with him, then the judge can leave the child in the father’s apartment.
• The judge’s decision on who the child will stay with is influenced by several factors: the financial security of the parents, the presence of any diseases, the legal capacity of the father/mother, the responsibility of each parent for raising the child, the parents’ work schedule, the personal opinion of the minor, etc.

Is it possible to force eviction if the wife does not have an apartment?

If the wife does not have housing, and it does not matter whether it is her property or a rented apartment, but until the spouse finds a place to live and register, then the court will not allow her to be forcibly evicted anywhere.

The woman will be able to temporarily use the ex-husband’s housing until she finds another living space.

Is it possible to forcibly deregister an ex-spouse if I am the owner of an apartment?

If the apartment does not belong to the wife, she did not participate in privatization, does not have her own share, but is only registered in the apartment, then it is not so difficult to write her out. It is enough to file a claim with the court for forced discharge.

If the judge determines that the woman has a place to live and has relatives who can register her, then the judge will grant the claim. If a woman is lonely and has nowhere to go, then the court can meet her halfway - give her some time to find housing.

What to do if your ex does not leave the apartment even after a court decision

There are situations when, after a breakup and division of property, the ex-wife refuses to leave the apartment where she previously lived with her husband. Is it possible to expel an ex-wife from an apartment without her consent in 2020? This issue can only be resolved in court.

Yes, it is possible if she is not the owner, a shareholder, she does not have children, and there is other housing to live in . In this case, it will be possible to evict her, but this is an ideal option for a man.

Most often, the ex-husband is faced with the problem of deregistering his wife because she participated in privatization, she has a share in the apartment, or simply because she has nowhere to register.

Video: Evicting your ex-spouse

Source: http://expert-home.net/kak-vypisat-byvshuyu-zhenu-iz-kvartiry-posle-razvoda-bez-ee-soglasiya/

How to expel your ex-husband from the apartment after a divorce without his consent

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Divorce is an event that entails certain legal consequences. One of them is the division of real estate.

But it happens that spouses have nothing to share: the apartment belongs to one of them, and the second must vacate the premises.

Since not everyone agrees to be discharged voluntarily, it is worth learning how to discharge a former spouse who is not the owner.

The possibility of deregistering an ex-husband or wife from square meters is provided for in Part 4 of Article 31 of the Housing Code of the Russian Federation. As this document states, in the event of a divorce from the owner, a member of his family loses the right to use the living space. True, there is a reservation: a husband or wife can be discharged if the agreement of the spouses does not establish otherwise.

You can deprive a family member of the right to live in an apartment before a divorce. The following reasons are provided for this:

• The spouse does not live at his place of registration (for example, he rents another home or is its owner).
• The husband or wife violates the rules of residence or does not pay for housing and communal services.
• A family member has gone missing, for which there is a court decision.
• The spouse leads an antisocial lifestyle: drinks, uses drugs.
• A significant reason for eviction is cruel treatment of household members.

In the above cases, discharge is possible only through the court. Moreover, the lack of housing for the evicted spouse is not a serious obstacle to eviction. When a former family member really has nowhere to go, the judge may set a period for temporary use of the premises. As a rule, it ranges from 3 to 12 months.

Read also: Tax on childlessness: in Russia and the USSR, what percentage

The procedure for evicting a former spouse from an apartment

If a former family member agrees to be discharged voluntarily, it is enough to submit an application to the passport office. Its employees will cancel the registration, and if the ex-spouse has a different place of residence, they will put a stamp on the new registration.

In the absence of such consent, a claim will have to be filed in court. The following documents are attached to the statement of claim:

1. Plaintiff's passport.
2. Duty payment receipt.
3. Divorce certificate.
4. Document of ownership (certificate or extract from the Unified State Register).
5. The document on the basis of which ownership was obtained (for example, a gift agreement).
6. An extract from the house register, which lists the citizens registered in the apartment.

The state fee for consideration of the case is 300 rubles. (Clause 3, Clause 1, Article 339.19 of the Tax Code of the Russian Federation). You can pay it in advance or directly in court.

Within 5 days after the claim is received, the judge decides the fate of the claim: accepts it, rejects it, or leaves it without progress. The last option is possible if the claim is filed with violations, but they can be eliminated.

After the application is accepted for consideration, a hearing date is set. During the proceedings, the plaintiff must inform that the marriage has been dissolved, the former spouse has no right to use the apartment and further cohabitation is impossible.

After considering all the arguments and demands of the parties, the judge makes a decision. The losing party has the right to appeal within a month.

After this period, the court decision must be executed, that is, the ex-spouse must leave the apartment. If this does not happen, the bailiffs will take over the case.

A copy of the decision is sent to the regional migration department and serves as the basis for an extract within three days.

In what cases is an extract not possible?

Eviction of a former spouse without his consent, that is, in court, is not always possible. The law establishes cases in which a judge refuses to satisfy a claim:

• The apartment is privatized, and both spouses have shares in it.
• One of the spouses wrote a refusal to participate in privatization. Despite the fact that he cannot dispose of the real estate, he retains the right to perpetual use of square meters. Discharge of such a tenant is permitted only on a voluntary basis.
• The property was acquired during marriage, so it is considered community property.
• The ex-husband found himself in a difficult life situation. In exceptional cases, the court may recognize such a defendant as in need of housing and allow him not to be discharged.

Russians still rarely resort to drawing up marriage contracts. But if such a document exists, its provisions will definitely be taken into account. Thus, the contract may provide for the possibility of a spouse renouncing his share after a divorce.

Features of eviction of children

Special discharge rules apply to minor children. The state protects the interests of the child, and it will not be possible to evict them “to nowhere” along with their mother or father.

Parents are obliged to provide the child with another place of residence (no worse than the previous one), where he will be immediately registered.

Otherwise, the guardianship authorities will stand up to protect the child, and the court will not give permission for discharge.

This also applies to situations where the spouse (not the owner) registered his children in the apartment after registering the marriage. After the divorce of mother and father, no one will put them out on the street. The right to use the apartment remains with the children until the parent with whom they will live finds a new living space.

Evicting an ex-spouse is a process that has many subtleties. Even if the plaintiff has all the rights to housing, litigation sometimes lasts a long time. To increase your chances of winning your case, you can contact a lawyer who specializes in such disputes.

Source: https://razvodguru.ru/other/kak-vypisat-byvshego-muzha-iz-kvartiry-posle-razvoda-bez-ego-soglasiya/

Is it possible and how to discharge my ex-wife from the apartment?

Before you figure out how to expel your ex-wife from the apartment, you need to take into account the grounds for acquiring the right to use housing. In some cases, you can sell your apartment, then the spouse is considered to have lost the right to use the housing and can be discharged by the new owners.

If the property is jointly owned, then deregistration is possible only through a judicial procedure. Based on a court decision, it is possible to force the spouse to leave the apartment (for example, when she is deprived of parental rights).

Before this, it is also advisable to achieve a fair division of property.

This is necessary when the apartment was purchased during marriage and the spouse does not intend to give up the living space. Discharge is possible on a voluntary basis, i.e. when a woman independently applies to the territorial department of the Main Department of Migration of the Ministry of Internal Affairs of the Russian Federation and is deregistered.

Legal nuances

It is necessary to take into account the provisions of Art. 31 of the Housing Code of the Russian Federation, which provides for the possibility for a former spouse to use the real estate of another spouse by court decision.

The options for developing the situation are as follows:

• The apartment belongs only to the husband. The ex-wife independently applies to the Main Department of Migration Affairs of the Ministry of Internal Affairs at her place of residence and is deregistered. Or, after the actual separation, she is registered at a new address (including with the child). At the previous place of residence, it is removed automatically after registration at the new address.
• the apartment belongs to the husband, but the ex-wife does not want to be deregistered (check out on her own), but does not actually live in the living space. The husband will have to prepare a statement of claim in court and forcefully discharge the woman.
• the ex-wife lives in the apartment and does not want to leave it. The discharge is carried out on the basis of a court decision. At the same time, demands can be made to evict the defendant from his personal living space;
• the apartment is in joint ownership. It is possible to write out the ex-wife only if the real estate in a claim for division of property has completely become the property of the man. Additionally, you will have to prove the loss of the right to use the apartment.

A situation is possible when the ex-wife goes to court and demands to provide her with housing after the divorce. The measure is temporary, but may be fraught with serious property costs for the ex-spouse. The man must prove that his ex-wife can provide housing on his own. Such issues must be resolved in court.

The discharge of a spouse without her consent is carried out taking into account the norms of the Civil Code of the Russian Federation and the Housing Code of the Russian Federation. It is possible only on the basis that the ex-wife has lost the right to use real estate, including during the period of her long absence from the living space, which is in municipal ownership.

Real estate section

If the disputed apartment was acquired during marriage, then it is subject to division - usually in the order of 50/50, with the exception of cases where common children also have the right of ownership of the living space (for example, when the apartment was acquired under a mortgage agreement using maternity capital funds).

In Art. 30-35 of the RF IC provides for a contractual and legal regime for the property of a husband and wife. In the first case, you can draw up a marriage contract and provide for a situation where the property becomes the sole property of the husband. A prenuptial agreement will also be required if the couple takes out a mortgage, but the wife does not want to be a co-borrower, which is usually required by the bank. Then the spouse can refuse the purchased property in writing at the stage of applying for a loan.

In other situations, the apartment is divided equally.

A deviation from the division order is possible, but only if one of the parties proves its greater personal contribution to the acquisition of property and the unworthy behavior of the other party in court.

Then the wife’s share in the apartment may be smaller, but this will require an appropriate evidence base, on the basis of which it can be concluded that the second spouse did not receive income for an unjustifiable reason.

Their list does not include periods when the wife was running a household or was on maternity leave, raising a common child; or periods of illness of the spouse. If the disputed apartment belongs to a child, then it remains with him regardless of who the minor will continue to live with.

If the apartment remains in shared ownership after the division, then it will not be possible to write out the ex-wife, since she is considered a shared owner. There is a way out - to buy out the wife’s share, with her consent.

You can discharge your ex-wife from a municipal apartment. If the former spouse was the main tenant under a social tenancy agreement, then the priority right to use the real estate remains with him and his family members.

Upon divorce, the spouse ceases to be considered a family member and may be discharged from the living space due to: divorce and termination of the right to use real estate. If the spouse refuses to be discharged voluntarily, then this will also have to be done in court.

Grounds for termination of registration - termination of general management.

In any situation, the ex-husband will have to prove that his wife’s right to use housing has been terminated. It may be terminated with the simultaneous termination of ownership of the apartment. In the absence of the wife’s consent to the deregistration, the ex-wife will have to be forcibly removed from the registration register.

It is necessary to file a claim taking into account the norms of the Code of Civil Procedure of the Russian Federation - Art. 131-132. The plaintiff’s efforts should be aimed at proving that the ex-wife does not have the right to use the apartment. This can be done with the help of written documents and witness testimony confirming that the former spouses do not live together and do not run a common household.

A positive outcome of the case is practically guaranteed if the apartment was purchased by the husband before marriage or when he received the property as sole ownership by inheritance.

An extract is possible if there is a marriage contract, which clearly states the conditions that the ex-wife does not claim the apartment purchased during marriage (including with the spouse’s funds, including cases of mortgage lending).

At the same time, you need to be prepared for the fact that the ex-wife may file a counterclaim in which she will demand that the marriage contract be declared invalid due to a violation of her property rights.

Loss of the right to use the apartment is confirmed by the fact that the spouse is absent from the living space, the payment of utilities has ceased, or the place of residence has changed. If she is absent from the apartment for a long time, the ex-wife does not pay for utilities, therefore, she has no interest or need to live in the living space.

In a divorce, the ex-wife ceases to be a member of the man's family. It can also be issued forcibly, since according to the Housing Code of the Russian Federation - Art.

The 31st spouse is considered a family member of the home owner and loses the right to use real estate, except in a situation where the woman demands the right to temporary use of housing in court.

Then the court may oblige the man to retain such a right for his ex-wife for a specified period.

The court may also oblige the ex-husband to provide housing for his wife and child, to whom he pays alimony. This happens in exceptional cases.

Even at the stage of determining the child’s place of residence, the court usually leaves the minor with someone who, first of all, has the necessary conditions for the upbringing and development of the minor.

Many women, wishing to retain the right to live with a child and receive alimony from their ex-husband for a minor (and for themselves), rent housing on their own or register with relatives.

Contents of the claim

The claim must be filed in the district court where the defendant lives. In the document the applicant states:

• name of the court;
• information about the plaintiff;
• information about the defendant;
• data about third parties - for example, about the legal representative of a common child if he is under the guardianship of third parties.

Read also: On what day are you discharged from the hospital after childbirth?

The statement of claim must be titled. It should indicate the circumstances of the marriage and the birth of common children (if any). You also need to indicate the date of divorce. The situation on the basis of which the ex-wife does not have the right to use the apartment should be consistently presented.

For example, if the living space remained in the ownership of the husband and was purchased before marriage, or was transferred to the husband under a gratuitous transaction during marriage, then the man has the right to decide who and when to move into the apartment (with the exception of minor children, who can be registered with the father by decision court, regardless of consent).

The main task of the plaintiff is to consistently indicate, with reference to the norms of the Housing Code of the Russian Federation and other regulations, that the spouse does not have the right to use other housing. The presence of another apartment by the ex-wife (in which she lives or rents) will be in favor of the plaintiff.

You should enlist the support of witnesses in advance, whose testimony is considered evidence (Part 1 of Article 55 of the Code of Civil Procedure of the Russian Federation).

These may include neighbors and other residents of the apartment (procedural opponents may insist on the interest of such witnesses in resolving the case in favor of the plaintiff and insist on the bias of their testimony).

Specialists from the HOA or management company or housing cooperative can act as witnesses.

It is advisable to draw up an act on the absence of the spouse (or on her non-residence) in the apartment, which is signed by specialists of the management organization and neighbors. The plaintiff must be prepared for the fact that the ex-wife can explain her long absence from the apartment by the fact that the ex-husband himself did not let her in (changed the locks, etc.). In such a situation, one should also refer to the testimony of witnesses.

Video recordings are used as evidence (for example, from entrance cameras, etc.). In any case, the spouse’s legal ownership of the apartment gives him the opportunity to seek the discharge of a former family member.

It will be more difficult in the case where the apartment is used under a social tenancy agreement. Then the owner of the property, the municipality, should be involved in the proceedings.

Required documents

You will need:

• a copy of the plaintiff's passport;
• divorce certificate;
• title documents for real estate - certificate, extracts, social tenancy agreement;
• agreement on division of property, settlement, mediation agreement, marriage contract, i.e. documents confirming the fact of transfer of ownership of the apartment to the husband;
• certificate confirming the absence of the ex-wife from the apartment;
• other documents on the basis of which the plaintiff can prove his procedural position.

The statement of claim must be signed and dated. If the document is submitted by a representative, then his authority is confirmed by a lawyer’s order and (or) a notarized power of attorney. You need to be prepared for counterclaims - for the annulment of a marriage contract, invalidation of an agreement on the division of property, etc.

If there are no property claims against the ex-wife, before filing a claim, a state fee of 300 rubles is paid. Procedural costs, if the case is won in court, are recovered from the defendant. In a conflict situation, it is advisable to enlist the support of a reliable lawyer.

How to expel your ex-husband or wife from the apartment. Step-by-step instructions for discharge, possible disputes and features

In accordance with the main law of the country, every citizen has the right to housing. It is impossible to deprive a person of his only apartment or room. At the same time, according to the Civil Code of the Russian Federation, there are cases when the owner has the right to evict his spouse.

Such a decision is made solely by a court decision. This issue is relevant for both partners living together, but the wife, as a rule, is the most vulnerable party in financial terms.

So, how to remove your ex-wife from the apartment after a divorce?

Cases when a wife can and cannot be discharged from the apartment

The official dissolution of the union is one of the reasons for the eviction of the ex-wife from the area she occupies. Such a procedure is possible only if the spouse does not have rights to the apartment, as well as a deferment issued by the court for moving to a new place of residence.

Particular attention should be paid to the following points:

1. The easiest way is to deregister from the living space the person whose spouse privatized the apartment before registering the union with the registry office. Then the husband is the rightful owner of the home.
2. An apartment privatized by the husband after entering into a union is considered the common property of the partners. In the event of a breakup, the wife cannot be evicted without renouncing her rights in favor of family members.
3. Real estate received as a gift or inherited by a spouse leaves the right to use it only to the husband.
4. If the wife has a privatized apartment, and she did not participate in acquiring the rights to her husband’s apartment, then her eviction will not cause problems.
5. You cannot expel your wife from the municipal square. This is explained by the fact that partners have equal rights to such an apartment. However, when going to court, a positive decision may be made. Most often this is due to deprivation of parental rights.
6. The husband cannot discharge his wife from the official housing provided to him for a certain period, but in the event of failure to comply with the legal requirements of the employer, the issue is resolved in court.

Important! If the spouses have entered into a marriage agreement, which sets out the rights and obligations of the parties, including property relations, then the court makes a balanced decision, guided by the contract between the parties

Grounds that allow a spouse to be discharged and remain the guardian of a minor child

Recently, in the event of divorce and division of property, the wife could be discharged from the home along with the children. However, today, minors have the right to continue to live with their father if they are not provided with similar living conditions elsewhere.

In addition, sometimes the court decides to evict the mother and children on the basis of a money transfer made by the father to the minor’s account, equal to his share in the housing.

It is worth noting that such situations only occur when the wife has her own living space.

Also in judicial practice, there are cases when a wife is allowed to continue living in her husband’s apartment if there is a child. Much less common are situations where the husband becomes the child’s guardian. As a rule, the court leaves the children with the mother, despite her financial situation.

And yet, if the spouse violates her duties towards the child, her immoral behavior, as well as other factors indicating that she cannot raise minors, this scenario is quite acceptable.

The final decision depends on many circumstances:

• material and psychological state of the parties;
• presence of mental disorders in the parent;
• participation of spouses in raising children. The evidence can be any supporting documents, reviews from educators (teachers), references at the place of work;
• length of the working day, its schedule, availability of business trips;
• child's wish.

Apart from the legal process, the question of who the children will stay with can be resolved amicably. In some cases, the mother leaves the child to the father, on the condition of equal participation in his upbringing.

If an agreement could not be reached, then one of the options for eviction of family members would be to involve the guardianship authorities and provide them with evidence that the spouse has other housing.

The procedure for deregistering an ex-wife

It is very simple to discharge a wife if the husband has the legal right to do so. The procedure is as follows:

1. Receiving a document on termination of relations.
2. Proposal to the spouse for voluntary eviction.
3. If the spouse does not agree, you will need to file a claim with the authorized authority.
4. Obtaining an official court decision.
5. Personal visit to the passport office.
6. Eviction of a partner.

The main piece of paper that the applicant will need is the certificate obtained by the parties during the divorce.

If the divorce is carried out in court, the following must be submitted to the registry office:

1. Identity documents.
2. Original court decision.
3. Papers confirming payment of the state duty.

If there is no appeal from the spouse, then after three days the court sends its decision to the registry office. Next, the document is provided to the applicant.

If the parties meet each other halfway, then the following must be submitted to the registry office:

1. Passports.
2. A document confirming the entry of a couple into an official union.
3. Application for divorce.
4. Paid receipt for the provision of the service.

The document is issued in person no earlier than 30 days later.

Due to the refusal to voluntarily evict the wife, the spouse will have no choice but to file a lawsuit. It contains the following data:

• about the plaintiff;
• real estate in relation to which the dispute occurred;
• the period of official relations between spouses;
• divorce;
• norms of legislation in accordance with which the claim is filed;
• the plaintiff's demands.

In addition, the application will need to be accompanied by:

• certificate confirming ownership;
• divorce certificate;
• requirement to vacate living space;
• receipt for paid state duty.

The court decision is transmitted to the parties one month after the expiration of the appeal period of 10 days. Next, the owner of the apartment sends the document to the authorities that carry out registration and accounting.

How can I discharge children?

As already noted, there are ways to discharge not only the spouse, but also the children. However, there are some nuances here too. It is worth noting that on our website you can take advantage of the help of experienced lawyers who will tell you in detail about all the stages and intricacies of divorce. There are several basic situations.

The child is the owner

When deregistering a child, you will need to collect a package of documents, including the following papers:

• passport;
• a document informing about the number of family members living in the apartment;
• certificate issued at the birth of the baby.

After this, you need to visit the guardianship authority and fill out an application form. The result of the appeal will be the issuance of a conclusion. Next, you need to:

• personally visit the FMS;
• formulate a statement. Must be filled out on behalf of the person being evicted;
• attach the documents necessary to carry out the procedure;
• fill out the deregistration form.

Important! Sometimes you can only deregister a child by purchasing a new living space

Children do not own property

In such a situation, there is no need to visit the guardianship authority. Instead, the applicant will need to contact the passport office. There, the property owner fills out a paper requesting the eviction of the child.

If housing is municipal

If both spouses agree to evict the child from an apartment belonging to a municipal fund, then the parties must contact the guardianship authority to submit a corresponding application. Along with it you will need:

• rental agreement;
• order;
• excerpts from the house register;
• a document issued at the birth of a baby;
• passports of parents, child (if he has reached the age of fourteen);
• account card.

• Upon completion of the inspection, the authority issues a conclusion. Next, you will need:
• Come to the passport office with a completed application
• Fill out the deregistration form
• Get an extract
• Register a child in another housing

Conclusion

Thus, the procedure for expelling a former spouse from an apartment is not as complicated as it might seem. The issue is resolved in court with the involvement of various structures.

The main thing to remember is that if a couple has children, they should under no circumstances suffer from the actions of their parents.

You should not break off all relations with your family because of disputes that arose between spouses during their marriage.