Discharge a mother without a child from the apartment

The housing issue, or rather everything that concerns registration at the place of residence and stay, as well as deregistration , has been worrying the citizens of our country for several years now.

It is not enough to know how the standard procedure for registration and deregistration is carried out; it is important to pay great attention to the nuances , of which there are a great many in this matter.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-44-61. It's fast and free!

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Read on our website about how a grandmother can deregister her grandchildren from her apartment, whether it is possible to deregister a child from privatized or municipal housing, and what documents are required to deregister a minor.

About the opportunity

• All responsibilities of parents, representatives and guardians of the child are reflected mainly in numerous articles of the Civil Legislation, as well as in articles of the Family Code.
• That is why, due to the fact that a minor cannot yet independently defend his interests and legal rights, the state closely monitors that he is not infringed.
• Based on practice, deregistration from an apartment is most often carried out in a situation where the property is put up for sale (read about deregistering a child when selling a home).

But other situations also prevail, which also become grounds for discharging the child. Let's look at the most complex options and find out how legally this procedure can be carried out in certain situations.

You can learn about the situation with the deregistration of a minor, if he is or is not the owner, as well as the specifics of deregistering children for relocation to another apartment, from our articles.

Mother without child

Can a mother leave the apartment without a minor? This seems possible. The situations leading up to this can be very different.

1. Perhaps the woman divorced her ex-husband and now does not have the opportunity to live in an apartment (read about the ex-wife’s registration) that is his direct property, or if the woman was completely registered with relatives or strangers who now have slightly different plans for your real estate.
2. If a woman does not want to voluntarily remove herself and her child from the registration of a particular property, then the proceedings will be carried out in court.
3. Is it possible to expel the mother of a minor from the apartment through the court? The court will satisfy the plaintiffs' demands for deregistration if some of the following grounds exist:

• the woman and child actually live at a different address;
• this property belongs to an outsider;
• the question arises about selling real estate;
• a woman divorced her husband, whose property rights were the housing, and wants to register in her housing;
• the child remains registered in the housing together with his second parent (father), and the mother is discharged from the property at the insistence of the owner.

Find out on our website whether a father has the right to discharge his children after a divorce from their mother, as well as whether it is possible to discharge a minor child without the consent of the mother through the court.

Mother with child

Is it possible to expel a minor child and his mother from the apartment? This is legally possible, but only in certain situations. The legislator cannot allow a minor to remain without a specific place of residence .

• In addition, the state provides that before reaching the age of eighteen, a child must be registered in the same place as one of his parents .
• True, such a conclusion does not mean the opposite - the registration of a child does not attach his immediate legal representative to him.
• So, in order for the mother and baby to be deregistered, it is necessary to try to carry out this procedure without judicial intervention.
• As practice shows, this authority is almost always, without exception, on the side of the minor .
• But if it is not possible for the parties to reach an agreement without a trial, it is important that the following conditions are met:

• the child and his mother actually lived in another property;
• even if they live at their place of registration, they must have ownership of housing where they could register;
• the owner of the property from which the mother and child are deregistered is not a close relative of the child, and they also wish to carry out a real estate transaction, for example, to sell.

Is it possible to discharge my father from the apartment? The child's father can be discharged if the property is legally owned by the child's mother , from whom the father is divorced (read about the discharge of the ex-husband).

Provided that the minor is registered in the property with his mother , there is no reason to prohibit the procedure for deregistering the father.

It is also important to follow an important legal rule - if the property is common property, that is, it was acquired through a transaction in a legal marriage, then it is not possible to register the actual owner.

Instructions

You can discharge a mother without a child either through the court or through the passport office.

In the first case, the owner of real estate must :

1. Contact the court with a claim for an extract.
2. Attach to it the arguments according to which the woman should be deregistered.
3. Obtain permission for this action from the guardianship authorities.
4. Come to trial.
5. Get a solution.

In the second case, the woman just needs to come to the passport office and carry out this procedure independently

If we are talking about discharge of mother and child, the procedure can be carried out as follows:

1. The woman checks out herself at the passport office.
2. Obtains permission from the guardianship and trusteeship authority to discharge the child with his subsequent registration at the new place of residence along with himself.

The owner who wants to sell the property can apply to the court and for this it is necessary to register all the citizens registered in it (read about the procedure for registration before the sale).

To do this you need:

1. Write a statement of claim.
2. Provide evidence of your desire to complete a real estate transaction.
3. Appear at the hearing and defend your interests there.
4. Listen to the court's decision.

How to discharge the child's father without his consent? This can be done in court by making sure that he is not the owner . To do this you need:

1. Submit a statement of claim indicating the reason for the eviction.
2. Provide evidence.
3. Represent your interests at the hearing.
4. Get a court decision.

It is important to remember that the father can be discharged only if the minor remains registered with the other parent.

The passport office is authorized to issue an extract legally. But this body carries out its function only if there is a voluntary decision of the deregistered person to deregister.

If a person does not want to deregister himself, only a court .

What documents are required?

• passport;
• child's birth certificate;
• consent of the guardianship and trusteeship authority (if we are talking about the discharge of the mother and child);
• documents on the right of ownership of the new home for registration or the consent of the other owner (in the case when we are talking about discharge with the child).

If documents are submitted to court , you must additionally provide:

• receipt of payment of state duty;
• statement of claim.

Documents are submitted to the passport office or the court office, depending on the current situation and the desire of the person being written out for voluntary deregistration.

Terms and cost of registration

Deregistration is completed at the passport office; it will take from three to seven working days , depending on how busy the employees are.

If you file a claim in court, it will be pending for exactly one month, and then you will be given a hearing date. In total, the deregistration procedure will take from two months to six months.

1. When extracting through the passport office, the state fee is not paid.
2. If we are talking about a judicial authority, then the fee will be 300 rubles .
3. After discharge, citizens are issued a passport with a new registration (provided that it was done) or a certificate, according to which you undertake to register within one month.
4. Remember that your child must receive all the rights established by law , and no one has the right to violate them.

However, if the legal requirements are met and the discharge procedure has taken place, then it is likely that there is every reason for this. You should have provided for them in advance.

Source: https://pravo.guru/gilishnoe-pr/nedvigimost/kvartira/vypiska/rebenka/pri-razvode-roditelej/mat.html

Is it possible to expel a mother with a minor child from an apartment, or how can an ex-wife be expelled from an apartment with children?

The process of discharging a mother with a minor child in her arms from an apartment can be extremely difficult due to the extensive list of legislative acts regulating this issue.

The legality of the deregistration process and the conditions that must be met during the deregistration process are the main topics for discussion in this article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-47-82. It's fast and free!

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Is it possible to expel a mother with a minor child from an apartment: conditions and grounds

An adult (over 18 years old) can freely register and check out of a residential premises, collecting a minimum package of papers for this. Therefore, there will be no special problems with the mother’s discharge. It is much more difficult to deregister a minor citizen legally. Several conditions must be met here:

1. A minor cannot be deregistered without providing the address of future registration.
2. If the apartment is privatized, and the child himself turns out to be the owner, then he should be provided with compensation for his share in the real estate (in monetary or equity terms).
3. The minor himself must be registered in the same place as his parents or actual guardians, that is, when registering the baby with his mother, he must be registered at the place of the citizen’s future registration.
4. If a citizen is over 14 years of age, he has the right to independently fill out an application and attend all proceedings regarding his deregistration.

The Government Decree “ On the rules of registration and deregistration ” No. 512 of April 23, 1996 strictly stipulates that the interests of the child should not be infringed upon in the process of discharge and subsequent change of registration.

That is, if adults can be discharged from full-fledged housing into communal real estate, then this is unacceptable for a minor. The living conditions of the baby should not change for the worse. Otherwise, the guardianship and trusteeship authorities, together with the migration service, have the right to file a claim for violation of the rights of the child.

At the new place of registration, the minor should be offered the same living area or a larger one (that is, if in the old apartment the little one had 12 square meters at his disposal, then in the new apartment his living conditions should not become worse).

If, when selling real estate, there is no subsequent purchase of housing , then a certain amount from the transaction must be transferred to the baby’s personal account.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

Is it possible to expel a minor child and his mother from the apartment? Only if the legality of such actions is observed. If modern legislative bodies sometimes turn a blind eye to respecting the interests of an adult, then harming the interests of a child will certainly not escape the attention of the guardianship authorities.

Where does the deregistration take place, and where should one go in controversial situations?

It is impossible to remove a mother and children from registration without legal grounds. Firstly, a corresponding statement about the need for discharge must be drawn up by the child’s official representatives (mom, dad or guardians).

Secondly , applicants will have to collect a whole range of technical documentation confirming that the interests of the child are not infringed. Thirdly, even if all the papers have been collected, the migration service and guardianship authorities reserve the right to refuse to discharge the child.

To discharge the mother, it is enough to contact the migration service with papers confirming her identity and property documents. The procedure itself should take no more than three days (according to current legislation).

Sometimes reviewing documents for deregistration takes longer. However, employees of this authority are obliged to warn about the duration of consideration of the application.

There are several cases when deregistration of a child also occurs through the migration service without visiting the guardianship authorities . Firstly, this is possible if the child is not the owner of the privatized property.

Secondly, deregistration without contacting the guardianship authorities is possible if the child was registered in the property before it became privatized. If the mother has all the necessary documents confirming registration in the first apartment and the availability of a place where the child will be registered after, a visit to the guardianship authorities is also not necessary.

If controversial situations arise regarding the deregistration of a mother and her minor child, the plaintiff must apply to the court with a corresponding application.

Modern judicial practice confirms that decisions are predominantly made in favor of the child, and cases involving minors are considered with special care.

Pre-trial release option

If there is a need to deregister an ex-wife and her child, the algorithm of actions usually includes visiting several authorities at once. What are the step-by-step instructions for action in such a case?

1. It is necessary to visit the guardianship authorities, where, with the provision of all documents, permission to discharge the minor will be issued within 14 days (you should apply if the child is the owner of privatized property).
2. Next, the mother and baby should visit the migration service, where in addition to the need to submit a list of documents, they will also need to fill out applications for discharge. If the child is already 14 years old, he can fill out the paper himself.
3. Having accepted all the documents, the government body must make a decision in 3-4 days (in fact, 1-1.5 weeks).
4. Since the law strictly regulates that it is impossible to discharge the baby anywhere, within the next 7 days after the moment of discharge, adults are obliged to register the baby to a new place.

A child can only be registered in a room where at least one of his parents is already registered, since a minor cannot live separately from his parents, as evidenced by the Civil Code of the Russian Federation.

If all the documents provided by the adults are true, the process takes about two weeks and occurs without complications. If the mother and baby are discharged without legal grounds or the papers provided by the applicant raise doubts among the migration service employees, the issue of discharge will have to be resolved through the court.

In what cases do they most often turn to the courts to resolve such issues?

1. In case the migration service or guardianship authorities refused to issue an extract.
2. In case the applicant wants to discharge the baby from the apartment with his mother to nowhere or to a room with worse living conditions.
3. In case the mother and child oppose deregistration.
4. A court hearing is also carried out if it is necessary to recognize the mother and her child as dead (in the event of a long absence or missing person).

During the trial of such cases, representatives of the guardianship authorities must always be present at the hearings. Their task is to protect the interests of the child.

To go to court, the plaintiff must file a statement of claim. It is compiled in any form. Such a statement indicates why the plaintiff insists on an extract, and why the issue must be resolved through the court.

If you have a refusal from the migration service or guardianship authorities, it should also be attached to the case, especially if the person is confident that the decision of the government authorities is illegal.

Despite the arbitrary, unspecified form of the statement of claim, the main claim must be clearly stated. The plaintiff should indicate why he insists on deregistration and provide arguments for his innocence.

• Experts advise immediately contacting lawyers to draw up a statement of claim, since incorrectly formulated thoughts in this document may cause the case to be rejected.
• In addition to the listed statement of claim, the person will have to provide a certificate of family composition, all papers for the apartment, and documents confirming his identity.
• You should also attach papers confirming that there is a place where the child can be registered, and that the living conditions there meet all state requirements (the housing should not be in disrepair, and the area of ​​​​the room where the baby will live should not be less than what was available at the previous apartment).

State duty and deadlines for resolving the issue

The period for consideration of the claim is 5 days . During this period, the judge must review the application and announce a decision on its consideration or refusal.

If the answer is positive, a court date is set. On average, such cases are considered within 1-2 months. Such a long period is due to the fact that cases related to the deregistration of a child are considered much longer than those concerning adults.

If the child is over ten years old , he has the right to appear before the court, expressing his desire to be discharged or to maintain registration. Usually the court focuses on the opinion of the child himself and his desires. It is also possible to discharge the child from the father and register him with the mother.

Where can I challenge a court decision?

If the court refuses to issue permission to discharge the mother and child, the plaintiff should not despair. He can either file a new claim for re-examination of the case due to the emergence of new evidence of his innocence, or appeal to the Magistrate's Court.

In this case, the time frame for considering the case will be delayed, but the person will have a chance to achieve a legal solution to the controversial issue.

If adults want to legally discharge the baby with the mother, then usually no difficulties arise in the process.

If such a need is dictated by selfish interests directed against the child, then the goal is unlikely to be achieved. Both the courts and the migration service work harmoniously and their main goal is to prevent violations of human civil rights, especially of minors who are unable to protect their interests.

Now you know whether the mother of a minor child can be discharged from the apartment, when and how this is possible.

Source: https://101urist.com/nedvizhimost/zhilaya-sobstvennost/kvartira/vypiska-iz-kv/nesovershennoletnego-rebenka/mat-s-nesovershennoletnim.html

We are figuring out whether it is possible to discharge the mother of a minor child from the apartment with or without him? Nuances of deregistering the baby's father

The rights of minors are carefully protected by family and civil legislation. This also applies to situations in which they are trying to expel a child from the apartment in which he lives.

Guardianship authorities must make sure that the minor will not be left homeless. In this article we will look at the nuances of checking out each family member from the apartment: is it possible to check out a child from the apartment and whether a parent can check out without the baby.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-46-18. It's fast and free!

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Is it possible to deregister?

Mom without baby

The mother is allowed to leave the apartment only if the child remains registered with the father. Deregistration of the mother can be carried out on her own initiative or by the magistrate court on the initiative of the property owner.

The procedure for discharging a woman through the court must be preceded by the following events:

• the woman permanently resides at a different address;
• the housing belongs to strangers;
• it is planned to sell the apartment;
• the owner of the property wants to leave only the child and his father registered, without the mother.

With baby

It is worth noting that this is not so simple, since the state does not allow children to be left without a specific place of residence. In fact, they can only do this voluntarily in order to register elsewhere.

In some situations, it is still possible to carry out this procedure in court. Extract is possible in the following cases:

1. A woman and her child live for a long time in another place.
2. The child and his mother own real estate in which they can register and live.
3. The owner wants to sell the property, but he is not a close relative of those being deregistered.

A child can only be discharged to a living space no worse than the existing one.

Children's rights in this case are protected:

Father

The child's father is deregistered after his divorce from his wife, but only when the living space is not owned by the father and the child remains registered with the mother.

How to do it: instructions

Without a child

So, how can a mother be discharged voluntarily? She needs to appear at the passport office located on the territory of her place of registration. An application is written at the passport office according to the model on the stand.

Next, along with the application, employees accept the citizen’s passport. After 3 days have passed, the woman can pick up her passport with a stamp confirming the deregistration. The citizen will also receive a departure sheet to provide the desired registration in the new place.

Otherwise, if the owner of a property wants to discharge a woman through the court, he must:

• obtain approval from the guardianship authorities for the discharge of a mother with a minor child;
• draw up (preferably with a lawyer) a claim and submit it to the magistrate’s court assigned to the territory of the plaintiff’s place of residence or the location of the apartment from which the deregistration is being carried out;
• the claim must indicate the reasons for deregistering the woman;
• appear at the court hearing and then receive a decision.

Together with the child

In this case, the mother must obtain in advance written approval from the guardianship authorities to re-register the child at another address.

Then the woman can go to the passport office, at the address of the upcoming registration, and draw up an application according to the sample located on the stand. The woman and child will be registered at a new address, but will be discharged from the previous one.

In court, a homeowner who wants to sell his property must take the following actions:

1. draw up a claim with a notary and submit it to the magistrate’s court;
2. provide evidence of the future sale of real estate;
3. appear at the court hearing and receive a court decision.

If the father does not want to change his registration voluntarily and is not the owner of the housing in which he is registered, the owner of the property needs to take the following steps:

• apply to the magistrates' court with a statement of claim;
• indicate in the application the reasons for discharge;
• provide evidence of the reasons and lack of rights of a man to live in an apartment;
• appear at the hearing and receive a court decision.

Download a sample statement of claim to the court for deregistration of the child’s father

Where and what documents to submit?

When voluntarily deregistering, you must present the following documents to the passport office:

1. passport;
2. birth certificate of a minor;
3. written permission from the guardianship authorities;
4. documents proving the possibility of registering the child in another place, no worse than the existing one.

During the trial in the office of the magistrate's court, in addition to the above documents, you will also need to submit a claim and a receipt for payment of the state duty.

Registration deadlines

In the passport office, the discharge procedure takes from 2 to 7 days , depending on the workload of the passport office employees.

When completing the procedure for deregistering citizens through the court, the documents will be reviewed for 5 days, after which a hearing date will be set. The entire procedure can take up to 2 months.

Reference! A case involving the deregistration of a minor will take longer to consider. If the child is already 10 years old, then his opinion regarding discharge can be heard in court.

The state fee is paid only upon a judicial extract; its amount is 200 rubles.

What do you get after deregistration?

After completing the deregistration procedure, adult citizens receive a passport with a new registration, or a certificate with an instruction to register within a month. A citizen who is not yet 14 years old receives a Certificate of Registration.

Conclusion

If the discharge procedure is completed, then most likely all the rights of minors have been taken into account. But in any case, parents, as legal representatives, should check that the child’s rights were not infringed upon discharge.

Source: https://urexpert.online/nedvizhimost/kvartira/vypiska-iz-kv/rebenka-iz-kv/pri-razvode/s-malyshom-i-bez.html

Leave the apartment without the child. Mother with Child - Law and Real Estate

 What documents will be required:

Documents for discharging a child from an apartment are provided to the passport offices of the territorial offices of the Federal Migration Service by the parents or other legal representatives of the minor child. The packages of documents for registration of an extract from your own or municipal housing are somewhat different.

When discharging a minor from an apartment, the following documents are required:

Can the new owner remove a minor from the apartment? Children who are not owners may be discharged from the apartment together with their parents or one of them.

To do this, you need to contact the passport office or MFC with an application and documents for the child and parent. The application must indicate your full name, passport details, new and previous addresses.

Other documents and permissions, including from the second parent, are not required (see Administrative Regulations for the provision of state registration services).

Children over 14 years of age must apply for discharge in person ; parents can do this for others.

Case one: the child is not the owner

If the minor is not the owner or holder of a share in the residential premises, then the consent of the guardianship authorities is not required when he is discharged. However, all requirements for providing him with an address for registration in another premises without deteriorating the level of amenities and occupied space remain.

If all the requirements are met, then the discharge of a minor child from privatized housing, of which he is not the owner, will take place according to the following scenario:

• Applying to the passport office with a package of documents consisting of identification documents of the parents and child, a technical passport of the new apartment. Filling out the departure form and application for discharge.
• After 7 days, the completed documents are issued to the child’s legal representatives or his parents.
• The last step is to register the child at the new address.
• If the violated conditions guaranteed by law are challenged, the court will defend the rights of the child, and registration will be automatically restored to the old address.

Method number 2 – check out “to nowhere”

If you just need to check out “to nowhere,” for example, when selling an apartment, then the required procedure is presented below.

How to discharge a minor child from a privatized apartment:

We will present the process of discharging a minor child from a privatized apartment using the example of selling an apartment. But the statement may differ, depending on whether the child is the owner (or has only a share) of the apartment being sold or not.

Appear at the passport office and fill out an application

1. according to form No. 6 on deregistration at the place of residence. You can download the application form here, and a sample from here. The form will also be given at the passport office; a sample form hangs on the information board.

The application will need to indicate the address of the new place of residence.

, moreover, you can specify any address, even if you are not going to register there. But if after discharge you will register in another place, then indicate the real address of your future registration.

• Along with the application, submit only your passport .

• • An employee at the passport office will check the application, pick up the passport and set a day for receiving it . Typically, many passport offices issue passports on the same day of application, but the processing may take a maximum of 7 days.
  • On the appointed day, come to the passport office to pick up a passport with a stamp indicating deregistration at your place of residence and a departure slip. You have been discharged. The departure slip cannot be lost; it is needed for future registration at a new address. Its validity period is maximum 30 days.

If it is necessary to discharge a person without his presence, in the first case, a power of attorney and a passport of the citizen who carries out the discharge are necessary. The second option is a court decision.

If it is necessary to discharge a minor child from the country, the process becomes a little more complicated. Follow this link to read the conditions and instructions for discharging a minor.

Important! As stated above, passport offices often require those liable for military service to first de-register with their military commissariat before being discharged. But according to the law, this requirement is unlawful, because Removal from military registration must be done within 14 days after discharge. You can threaten to go to court against the passport office workers.

If the passport office has agreed to handle your discharge, then this link already has a procedure in this case. But if the passport office employees disagree and you don’t want to waste your time on disputes and court, read the order with minor additions:

• • 1. At the passport office, fill out an application for registration, sign the citizen registration card according to form No. 9 (filled out by the employee). After signing, pick up the application and registration card.
    2. Next, you need to deregister at the previous military registration and enlistment office and register at the new one (if there is only one military registration and enlistment office, then simply notify about the change of registration). To do this, at each military registration and enlistment office, sign an application in the established form and submit: a passport; registration applications from the prescriber and from the owners; military ID or certificate of a citizen subject to conscription for military service (capital). The employee will put a stamp on removal or registration for military registration on the military ID (or capital) and on the citizen registration card.
    3. Go to the passport office again, where you can hand over your applications, registration card and passport. The employee will check the submitted applications and documents, pick up the passport and set a day for its receipt.
    4. On the appointed day, pick up your passport with deregistration stamps.

Source: https://yarlegalservices.ru/vypisatsya-iz-kvartiry-bez-rebenka-mat-s-rebenkom/

How to discharge a mother and child from an apartment?

Legally, it is quite possible to expel a mother and child from an apartment. This procedure can be carried out only in certain cases. The fact is that the law cannot allow the existence of a child without a specific place of residence.

In addition, the state has provided for the fact that a child under the age of eighteen must have a residence permit in the residential property where his father or mother is.

But such a conclusion does not mean that the registration of a minor does not attach a legal representative to him.

Can a mother with a minor child leave the apartment?

To deregister as quickly as possible, every effort must be made to avoid legal intervention.

As the experience of our lawyers shows, the judicial system almost always takes the child’s side. Therefore, both sides still need to try to come to an agreement.

If it is not possible to reach a joint decision, then the mother and child must comply with the following conditions:

• • • living elsewhere;
    • availability of housing with ownership rights and to live in it at the place of registration;
    • if the owner of the apartment is not a close relative of the child and wants to conduct a financial transaction with real estate.

Mother and baby can be discharged using the following instructions. First you need to contact the passport office. Have with you permission from the guardianship and trusteeship authorities, which allows you to discharge the child with his subsequent registration with his mother in the new property.

If the owner of an apartment wants to sell his property, he will need to register all the citizens registered there, including a mother and her baby. To carry out such a procedure, the owner needs to contact the court and take the following steps:

• • • write a corresponding statement;
    • provide the court with all the necessary evidence that will confirm the desire to conduct a financial transaction with your own real estate;
    • come to court at the appointed time;
    • obtain a court opinion.

The passport office is quite capable of deregistering someone from an apartment with the consent of the owner. This body is capable, under legal circumstances, of deregistering a mother and children if the owner of the residential premises voluntarily consents. If the owner does not want to discharge the above-mentioned people, it is worth contacting the court. It is the court that can deregister without the consent of the owner.

Features of the procedure

To carry out this operation, the mother will need to take various documents with her. These include: a passport, permission from the guardianship and trusteeship authorities, documents that confirm the ownership of the new home where the child and mother will be assigned, or the consent of another owner.

If deregistration is carried out by a court, you must additionally pay the state fee and provide a receipt for its payment, as well as a corresponding application.

Documents must be submitted to the court office or to the passport office, which depends on the current situation.

Deadlines

Registration of a mother and baby at the passport office takes from three days to one week. The timing depends on the workload of workers on specific days. It is also worth noting that extracting through the passport office allows you to avoid paying the state fee, which in court is 300 rubles.

If a claim for an extract is filed in court, it will be considered for approximately one month. After this, a court date will be set. Taking into account various formalities, the deregistration procedure takes from two to six months. After discharge, the mother will receive a passport with a new registration or a certificate obliging her to register within one month.

Thus, the state ensures the rights of children established by law. The baby must live in normal living conditions that will not harm his physical and mental development. Therefore, when it comes to real estate, the state always protects the rights of children.

If during the trial it turns out that deregistration will only worsen living conditions, the court will side with the child and maintain the existing registration. Also, you should not contact the judicial authorities if the mother and child do not have other housing.

Source: https://100Yuristov.com/cat/zhilishnoe-pravo/kak-vypisat-mat-s-rebenkom-iz-kvartiry/

Check out from the apartment. How to discharge a child, ex-spouse, and who cannot be discharged even in court - Real Estate Directory

Registration and checkout

Russian law requires registration at the place of residence, that is, obtaining permanent or temporary registration. Permanent is also called “registration”.

If a person changes his place of residence, for example, sells an apartment, he must deregister, that is, sign out and register in a new place.

This is done so that the state understands how many people live in a particular place and where they are moving. And registration gives people the right to receive various social services.

And here a paradox arises. The owner of an apartment can register and check out of his home, as well as register anyone he wants. But evicting other registered residents from the apartment often becomes a very difficult and lengthy process for the owner.

How to kick another person out of your apartment

The only short and painless way to remove someone from your apartment is to obtain his consent to do so. The registered person submits an application for deregistration to the passport office (in Moscow you can deregister at MFC branches) and is deregistered.

Problems begin if a person does not want to check out or leave the apartment. In this case, the owner can only evict him through the court.

“At the request of the owner, he and the people whose legal representative he is may be expelled from the apartment: incapacitated or partially capable citizens and children under 14 years of age.

All others can be deregistered at the initiative of the owner only on the basis of a court decision,” explains Nurida Ibragimova, head of the quality control department of the Amulex legal service.

Lawyer Victoria Danilchenko notes that compelling reasons are needed to remove residents from an apartment through the court (that is, without their consent). This could be a divorce, a person actually living in another place, non-payment of utility bills, or damage to property. And all this still needs to be proven.

• • • But at the same time, the owner can discharge the tenants even without their consent, if the apartment was given to him as a gift or inherited.
    • Is it possible to leave the apartment for nowhere?
    • Yes, this is possible. According to Victoria Danilchenko, people are often discharged to nowhere if:
  • •  the apartment is being sold, and in return they plan to purchase another property;
    • residents emigrate;
    • the creditor seizes the property to pay off the debt.

On the departure form, which a person fills out when he is deregistered, there is an item “Where did he leave”, where his new address is indicated. But if it is not there, you do not need to indicate anything on the sheet.

Sofia Khanunova from the European Legal Service clarifies that after discharge a person needs to register at least temporarily (after all, he will live somewhere while, for example, his new building is being completed). Moreover, failure to register at your place of residence can result in a fine.

How to discharge a child from an apartment

Children under 14 years of age must live at the place of registration of their parents (or one of them). That is, regardless of who is the owner of the property, the child is registered at the address where the mother and/or father are registered. A child under 14 years of age cannot be registered or discharged separately from his parents.

If the child is not the owner of real estate or a share in it, then it is easy to discharge him. To do this, you only need the consent of both parents.

The presence of the owner of the property where the child is registered is not necessary.

A non-owner child can even be discharged to nowhere (for example, if the parents, in exchange for their apartment, buy a new building in which it is not yet possible to register, or move abroad).

But it’s a completely different matter if the child owns the property in which he is registered, or a share in it. In this case, it will not be so easy to remove him from registration at the place of residence. Moreover, often the presence of minor owners is an obstacle to the discharge of the entire family.

The rights of children who cannot yet defend their legitimate interests themselves are protected by guardianship and trusteeship authorities. Neither the parents nor other legal representatives of the child can sell, exchange, donate or lease real estate owned by the minor without the permission of the guardianship authorities. They also cannot remove a minor from his/her living space without the approval of the authorities.

“It will not be possible to discharge a child from a two-room apartment and register him in a communal apartment. Only in another two-room apartment or three-room apartment or more,” explains lawyer Victoria Danilchenko.

An exception is the divorce of parents and division of housing. In this case, they may be allowed to purchase real estate where the child’s share will be smaller, because in this way “an unfavorable environment for the minor’s psyche” is eliminated.

Is it possible to expel an ex-husband or wife from the apartment?

After the divorce, ex-spouses are no longer considered relatives by law, which means that you can expel your ex-spouse from an apartment in which he or she is not the owner. After a divorce, they lose the right to use housing, which becomes the basis for discharge. But if a person owns a share in an apartment, he cannot be evicted.

But it also happens that one of the spouses owns the apartment, and the other is only registered in it. Here are the factors that may prevent you from discharging him in this case.

Refusal from privatization

People who refuse to participate in privatization in favor of a spouse or child acquire the right to live in an apartment for life. Even when selling an apartment, they cannot be written out.

Apartment  - jointly acquired property

That is, it was acquired during marriage. And it doesn’t matter whose money it is, if there is no prenuptial agreement that determines the division of property during a divorce. According to the law, everything is divided 50/50.

• • 1. The marriage contract contains a clause regarding the residence of the ex-spouse.
    2. If a husband and wife signed a marriage contract with such a clause, then the ex-spouse can no longer be discharged.
    3. No other place of residence

Here we are talking about all situations when one of the spouses, registered with the other, has nowhere to go to. This may happen, for example, if the ex-spouse does not have parents or other relatives with whom he could register (or they are not able to provide him with such an opportunity), and there is also no separate housing or place where he could register temporarily.

But there are many nuances here, and discharge through the court in such a situation is still possible. For example, if the ex-spouse actually lives in another place or his official salary allows him to rent housing and move.

• • • Municipal apartment
    • If spouses live in an apartment under a social tenancy agreement, then after the divorce it will continue to be valid.
    • If there is a common child who is being cared for by the discharged spouse

For example, if an ex-wife is registered with her ex-husband, their common minor child is also registered there. At the same time, the woman is on maternity leave, does not work and has nowhere to go.

The court may reserve the right for her to maintain registration at a given place of residence for a certain period of time. This does not mean that a person can never be evicted, but such a moment can be delayed, and the deadline is set by the judge.

The period ranges from several months to tens of years (for example, until the child’s 18th birthday).

But such situations are individual, and the court’s decision depends on many circumstances.

One ex-husband pays alimony to the other

“This means that if a husband pays alimony to his wife, the court may (but is not obligated) to retain her right to use the apartment for a certain period,” explains Nurida Ibragimova. And here everything is very individual.

In any case, if the ex-spouse does not agree to eviction and discharge, you will have to go to court. He is able to retain the right to use housing for a former family member for a certain period. Or oblige the owner of the property to provide his ex-spouse with other housing. But he may also decide to discharge a former relative.

Who cannot be discharged from the apartment even through court

There are several categories of people who have a lifelong right to live in a certain living space. They cannot be evicted under any circumstances, even if the owner changes.

These categories include:

• • • Minors who live in an orphanage or other children's institution by decision of the guardianship authorities.

“Even if the child’s parents are deprived of parental rights and the right to use living space, this does not concern the child,” notes lawyer Victoria Danilchenko. — And after returning from an educational (medical, etc.) institution, the child will move into the apartment in which he was registered. Any deregistration is regulated by the guardianship and trusteeship authorities.”

• • • People who refused privatization in favor of other family members. This right is enshrined by the Supreme Court of the Russian Federation.
    • People who received the right to live in an apartment under a will. This is called a “testamentary refusal” - the owner does not necessarily have to bequeath the apartment, he has the right to indicate those who will not own the apartment, but will be able to live in it as long as they wish. This right is preserved even if the owner changes.
    • People living in housing cooperatives and who have paid at least part of the share for the apartment (even if they are not the owners).
    • Spouses who have entered into a marriage contract, which defines the right of one of the spouses who is not the owner to live in the apartment even after a divorce.
    • Renters who have transferred an apartment to the person paying them rent, but retain the right to live in the apartment.
    • Persons who are dependent on the owner are incapacitated citizens or disabled people.
    • Tenants of official residential premises who have received the right of lifelong residence, registered before 2005 and need to improve their living conditions.

Can anyone make a claim that they were evicted from the apartment illegally?

Naturally, any citizen has the right to apply to move into a residential building and register in it if he was illegally evicted and/or deregistered.

“This is possible, but deregistration is carried out by government agencies, which means that it is assumed that they act in accordance with the law. In any case, a person whose rights have been violated always has the right to go to court,” notes Denis Murdalov, lawyer at the A2 law office.

The court will determine whether the expulsion and eviction were legal. But, as lawyers emphasize, a person can be deregistered without his consent only if he was declared missing or dead. And this is also recognized through the court. In all other cases, deregistration occurs only by court. And justice must be restored there too.

If it turns out that there were no grounds for recognizing a person as having lost the right to use and deregistration, he will be moved back into that living space and put on the register.

Authors: Yandex.Real Estate team. Illustrator: Vera Khokhlova.

Source: https://realty.yandex.ru/spravochnik/vypiska-iz-kvartiry-kak-vypisat-rebenka-byvshego-supruga-a-kogo-nelzya-vypisat-dazhe-po-sudu