How to write out the ex-husband's apartment: procedure, preparation of the application and necessary documents

How to write out an ex-husband from an apartment with whom you no longer live? If the spouses are divorced, the main landlord has the right to dispose of the property at his discretion. But it’s not so easy to free yourself from the “past”, which is still legally and documentally related to your new life. Establishing personal relationships, the former spouse may suddenly appear on the threshold, and then any questions will have to be solved by the three of us.

Extract from a former spouse without his consent, provided that he is not the owner of the home

Why do you need to write a person out of the apartment? When he himself decided to leave, would he really claim rights? Not only for caution, but also for other reasons, we need this formality on the papers:

1. The couple divorced officially, and the former of them moved to another place of residence. Payment for services occurs according to the number of registered ones, therefore, after discharge, the amount will decrease.
2. Real estate is a legacy or a fact of donation, however, it still has former spouses, persons “from the past”.
3. The absence of a registered person in a country or city, not appearing on the living space, not participating in the maintenance of the apartment. As a rule, such heirs may not even get anything, because during the life of the testators, they did not show any “care” about the house in which they were going to live after the death of a relative.
4. The registered person does not pay utility bills and does not participate in the payment of bills.
5. If a person creates intolerable conditions for living together due to alcoholism, drug addiction, criminal activity, he can be discharged.
6. Not all family members living in it want to legalize municipal housing. If the composition of the owners changes, then after privatization, participants can ask the person to leave the living space.
7. Upon reaching adulthood, a person leaves to live in another country.

These are legal grounds that you can rely on if the question arises of how to discharge your ex-husband from the apartment. You should also be guided by legal norms and the legislative framework, since most often you have to go to court.

Legal framework for the discharge of a person from a dwelling

In cases where at the time of divorce the spouses do not share the acquired property, subsequently difficulties arise with the sale of joint housing. For any financial matters, signatures and consent of all parties that are related to property are needed. So, so that the wife discharged the ex-husband from the apartment, you must be guided by the following laws:

1. Based on paragraph. 1 Article. 35 LCD RF, a person has a share in the property, but did not participate in the registration of privatization. You can write it out when you go to court. If a person ignores the owner’s requests, refers to employment, then at all meetings one should defend the position: to prove that the person is against being evicted. In this case, a lawsuit is filed jointly on behalf of all registered residents over 18 years of age.
2. On the basis of paragraph 13 of Decree of the Supreme Court of the Russian Federation No. 14: the ex-husband once owned an apartment, but since he was divorced, he no longer has the rights that he had in marriage. Therefore, automatically such people become strangers to the owners of the apartments where they lived.
3. According to Part 4 of Art. 31 of the RF Housing Code, the ex-husband cannot continue to live in someone else’s apartment, because the ex-wife is a stranger. Despite the possibility of concluding a marriage contract, such moments are purely individual. In addition, transactions of a type such as a prenuptial agreement can be challenged in any instance. Explanation: if the agreement was verbal or written, in addition to the marriage contract, it must be said in court that now all the contracts have been terminated, since the basis for their conclusion was a marriage union, which is no longer there.
4. Based on Art. 304 of the Civil Code of the Russian Federation, the owner of the apartment may demand the elimination of any violations of his moral and physical rights, although they were not connected with the deprivation of possession. That is, the husband prevents the ex-wife from building her personal life with her presence, and she wants him to stop creating violations of his personal space based on the facts of ownership of property. An important point - if the spouse does not come to the house of the former spouse, it is not yet a fact that he does not have such a right or does not do so in her absence. Therefore, here we are talking about the moral component, which does not allow the free use of their housing.

Important: if the apartment went to family members during privatization, but the husband refused his share, then the person must be discharged in a different order. This moment borders on legal norms on inheritance rights: he owns the apartment in shared terms, but he refused, and he can cancel his personal refusal by returning the right of ownership. In this case, the person does not lose his rights, especially in the act on privatization his name is still there.

Extract provided that the apartment is privatized with the former spouse

Suppose that the once beloved husband participated in the privatization of the apartment, invested in repairs and paid bills. And now his wife wants to kick him out, leaving him with nothing. How to write an ex-husband under such circumstances?

1. For example, a wife knows that a former spouse may qualify for residence in her apartment. She once bought real estate for her money. This was before the moment of marriage, so she can write anyone whom she herself has written there.
2. If the couple bought an apartment together, then both of them can live in it.
3. If the man was nevertheless asked to leave, this is done within 30 days with the condition of registration in a new place.
4. If both participated in privatization, but the owner is the wife. Here it is necessary to consider claims on the basis of Art. 31 LCD RF. The court will oblige the FMS to evict the man, and the police will help the owner in resisting.

There are situations when men really cannot find work, money for the first time, housing. Then in court you can ask for a respite. It is given for 5-6 months in search of funds for renting other housing. If there are other owners, then with written permission they must allow the person to live there. In the absence of such, the ex-husband cannot claim this temporary right. If after six months the person has not left, he will be evicted in the presence of the police. Thus, it is possible to discharge an ex-husband from a privatized apartment, despite the extenuating permissions of the law on temporary use of real estate. This also applies to the moment when the spouse is still living with you, but you are no longer in a legal relationship.

How to write out a former husband living in an apartment at the time of divorce

The situation is complicated when loved ones really can not leave for obvious reasons. It is customary to always decide on household matters through the courts, but it is rather difficult to deport an ex-husband from an apartment without consent, taking into account his residence in it.

It is important to know whether he has another living space - from his parents, relatives, inheritance. If you prove it, then he will be forced to move to his home. At the same time, the period for resettlement is one year, depending on the circumstances. Wife needs to see a lawyer. Why:

1. Lawyers have a database of citizens who own property in Russia or the CIS countries.
2. Also, some lawyers can request in the passport office all the facts about the registration of a person in different apartments on the basis of the mandate. If the fact of ownership of any real estate is established, it is necessary to prove this point documented. It can also be about garages, commercial premises. In other words, a person has a place to go, something to live on and rent an apartment.
3. Only competent lawyers can receive papers.

Previously, they discussed ways to solve the problem if the ex-husband does not live in the apartment. How to write him out of the house with cohabitation - it was also decided: in court and with the help of a good lawyer. Next, we consider a somewhat complicated situation. It will be about how to write out a former husband living in an apartment that is municipal property. It was said above about privatization: when someone does not want to register a person, the composition of the family is determined from the participants who pretend for the most part to the right of ownership. After making a decision, the husband changes his mind, which means that the interpretation of the issue is already different.

How to discharge an ex-husband from a municipal apartment: legal advice

When a municipality enters into an agreement with tenants, it is based on rental rules. Social hiring means every tenant’s right to reside, and it doesn’t matter what kind of relationship people are in. The organization relies on the legal grounds set forth in part 4 of Art. 69 LCD RF. You can only do the following:

1. Ask to exchange the apartment for two others, smaller. This is hardly possible, since there are no vacant apartments for two tenants.
2. Separate personal accounts. It is good if there are several rooms, and the spouses sign an agreement on dividing the living space. Only the entrance hall, kitchen and bathroom with bathtub remain common. Each of them will pay their share, but disputes may arise over the use of common areas: someone cooks more often, someone uses shared water longer. But non-payment of utility bills is a reason for eviction.
3. Appeal to the court is possible only on very good grounds. If the answer is yes, the administration receives a court decision, after which it renegotiates the contract with the sole owner of the property.
4. The municipality has the right to demand to vacate the apartment in case of violation of the rights by the tenant.

If a wife wants to discharge her ex-husband from the apartment, you need to make sure that she herself does not violate his rights, interests, and is not an “irritant” for neighbors. In the absence of complaints, these facts will be checked against the man. Also, a woman can file a denunciation with a man on the basis of Art. 90 LCD RF in the administration of the municipality with the content that he does not pay bills, has debts to the public service. However, you need to be careful to want to discharge your ex-husband from the apartment, since interests may not be satisfied in your favor. Remember that social rentals are only allowed for families. And in the absence of such, all tenants may be asked to move out.

Vacation of an apartment with ownership rights of the former spouse or his children

At the time of marriage, the man had children from his previous wife. They are all registered in the apartment, live and comply with the rules for using housing. After the divorce, the man leaves, he is discharged, but the child remains registered. It’s hard with an “heir” to sell an apartment. Learn how to write an ex-husband along with blood children.

1. The former spouse can make their children full owners of the apartment. These human rights are enshrined in the Housing Code of the Russian Federation. A woman can also move to her husband, register a child from her first marriage, and then leave, while retaining tenure in the name of the heir.
2. The Code is only valid for minor children who have nowhere to go, despite the fact that they have legal representatives - a parent or relative.
3. It is impossible to write out a child under 18 years of age by law, otherwise a commission to protect the rights of children will intervene for them, and the owner will have to re-register non-native guests at home.
4. Only the holder of the right to use housing, that is, an ex-husband, can deregister children, even if they have already managed to expel him. Of course, by consent. However, here it is necessary to take into account such a moment: the owner of the apartment is not obliged to keep, dress and feed the children, therefore, in the interests of the parent, take the child with him.
5. Only minor parents can write minor children to “nowhere” and not the owner of the premises. In such cases, no punishment will be received, since he will represent his legitimate interests as a father.
6. If the father’s location is unknown, and the children have not lived in the apartment for a long time, then the owner can indicate this in the statement of claim. The guardianship authorities will also help to list the ex-husband with relatives. Their first will interest the child's place of residence.

Therefore, in such situations, you need to try to resolve the issue peacefully, and only then resort to the help of higher authorities.

When to do this does not work: the legal grounds of the ex-husband

There are a number of private situations when extracting from the apartment of an ex-husband is impossible. This applies to the individual characteristics of the case:

1. Housing is considered common ownership after a court decision. So this is a common property. This can be based on the fact of buying and selling real estate of people who were still married then. In a divorce, all property is legally divided into two equal parts. Yes, a husband is allowed to refuse and transfer his property to his wife, for example, in favor of a common child.
2. A lifelong right of residence is allowed when the noble spouse refused to privatize the share, giving it to other tenants. And as a sign of such a gesture, the court can give him permission to stay in the apartment permanently.

Divorce proceedings often force you to go to the registry office, and even more so to the court. And when it is impossible to find a solution on how to discharge the ex-husband from the apartment, lawyers and the human factor in the person of the judge come to the rescue.

Appeal to the court and filing a statement of claim

For the court it is necessary to collect a package of papers that are necessary for the successful conclusion of the case. Each hearing will be attended by both parties, and in addition to them a few more people. It can be witnesses, bailiffs, representatives of the GU Ministry of Internal Affairs of the subject. Next, documents that can be attached to the case or not will be checked. During the meeting, both parties may request from the judge additional information that is within his competence. Then meetings are scheduled within the framework of the present case.

1. A woman must go to the office to register her documents. In this case, it is important to correctly title the statement so that it reflects the essence of the issue. If you need to write out a person who does not live with you, a lawsuit is written to terminate the right to use the premises. If he lives, then - about the termination of the right to use, followed by eviction.
2. The application may feature one of several owners. The specified person represents his interests in court. If there are several plaintiffs, one application is sufficient, indicating the rest as third parties (if they so wish). At the trial, they will be asked as full owners of the property.
3. In order for the lawsuit to be accepted, you need to make copies - one for each plaintiff, one for the judge and several for the office. The quantity may vary depending on the number of parties. Suppose two plaintiffs, one defendant, one judge, two representatives of a third party. In this case, you need to make eight copies.
4. The residence of the ex-husband is indicated. A notice of the appointment of a court date is sent there. If, according to paragraph 63 of the Resolution of the Plenum of the Supreme Court No. 25, the place of residence is not a place of residence, then a letter will be sent there in any case. The summons is considered delivered, since the registration is the basis for contact with the defendant.
5. If a person has not accepted the application, the court will consider the case file without his participation.

Next, you need to understand how to apply and discharge your ex-husband from the apartment. So, we pass to the claim itself and its content.

Registration of a claim for transfer to the court during the division of property after a divorce and eviction of registered adults with the right to reside

Since all situations are individual, samples in court do not always fully describe the plaintiff's problem. In order to be discharged from the apartment of the ex-husband, the application is drawn up jointly with a family lawyer or a lawyer competent in this field of activity:

1. A document is filed with the district court if the city is large. In the small ones, the city court. Sometimes you need to apply for territorial affiliation.
2. The office will give you a receipt, which is paid on the spot in court. At the checkout they give a coupon and a receipt for payment. The state duty must be attached to the documents.
3. Then a lawsuit is registered in the reception. Each page is registered and attached to the folder with a personal file. An extract from the USRN is important (certificates from 2016 are no longer issued). , ( ) , , , .
4. Together with the main package of documents, a foundation agreement is provided - a document indicating whose name the apartment is registered in. Here you can submit a home purchase document. If you were presented with it, or rewritten as an open inheritance, then the document is also attached.
5. Extract from the house book, which indicates how many people live with you, who they are.
6. Divorce certificate as a basis for termination of family relations.

During the week, the court must give an answer and indicate the date of the meeting. They may postpone the question or leave it without movement, but this is extremely rare. The court will send a notice by registered letter to the parties involved indicating the time and place of the meeting.

Determination of the preliminary and main court hearings

Knowing whether it is possible to discharge a former husband from an apartment, women confidently turn to the court to solve problems. After that, the court sets up a preliminary hearing. Here, all parties express their opinions, claims and arguments. If any arguments in the form of documents are not enough, the court will indicate this. Plaintiffs must demand that the court appoint the defendant a certificate from the USRN.

This document will also be very important if the presence of witnesses is required. Plaintiffs must petition for them, that is, declare their presence in writing. After that, the date of the hearing is set, and the defendant is again sent a subpoena, but already about the main hearing. There, each side makes its own speech, gives arguments and arguments. It is permissible to refer to laws and articles of codes. If the husband does not live with the plaintiff, then we need witnesses, which have already been announced at the preliminary hearing.

If the defendant lives with the plaintiff, then you need to ask for the same extract from the USRN, which will indicate whether he has additional housing where he could go. All these points will be taken into account. The lawsuit for the ex-husband ’s discharge from the apartment will be considered within a few weeks or months. There may also be several meetings, depending on the number of third parties, the duration of the interview of witnesses. When the decision takes effect, the presence of the defendant is taken into account. If he attended the hearing, the decision will take effect in a month. If not, after a month and a week. However, it all depends on the judge.

A copy of the decision is issued at the office. It is also important to ensure that none of the parties wants to appeal the decision. This can be done before the decision takes effect. At the same time, a man can demand any conditions, and a woman can only cancel requests. Then, upon successful completion of the case, a copy of the decision is brought to the Regional Department of the Ministry of Internal Affairs, and after 3-5 days you can request an extract from the apartment of your ex-husband. If problems arise, the police assist in evicting unwanted guests. Thus, you already know whether it is possible to discharge the ex-husband from the apartment, how the process of going to court takes place.