How to write out an apartment ex-wife?
Very often, lawyers are approached by people who are interested in such a question: “Can a particular person be discharged from his home without his consent?”. Such questions are no longer surprising, since relations between people are changing at an unpredictable rate. The reasons may be different: someone gets divorced, someone has relatives decided to go to another country or the children decided to get married, and someone just wants to buy a new apartment. But, despite all this, we can firmly assure you - to discharge a person from the living space, which he occupies quite real. True, how quickly and the result of discharge depends on certain circumstances.
Turning to court, for example, you can deprive the right to use the dwelling of a person who leads an asocial way of life, abuses alcohol, and boasts. But it also happens that a person may not be discharged at all. In such situations, we recommend seeking the assistance of experienced lawyers.The lawyer, in turn, will tell you what to do and what decision to take, depending on the situation. About why it is not recommended to evict anyone yourself, we will describe below.
Discharged from the municipal apartment
Consider how to write an ex-wife out of the apartment. In fact, such a wife does not live in this apartment and does not pay utility bills; nevertheless, she remains assigned to this living space. There is article 71 of the LCD RF, which clearly states that such a wife can be discharged only if she agrees to it. The same article states that the temporary absence of any family member does not mean that this tenant loses the right to use the apartment. Moreover, your duties include payment of utilities and for a person who is absent. Otherwise, after 6 months, the court has the right to evict both the tenant himself and all members of his family at the request of the owner of the property, who is guided by the provisions of article 90 of the Russian Federation LCD. In this situation, eviction is impossible if a person does not live in a municipal apartment, but does not agree to deny himself registration in it.In order to obtain consent, it is necessary to file a claim for eviction of a specific person as a result of his actual residence elsewhere, as specified in article 72 of the Housing Code of the Russian Federation.
Disable from privatized apartment
Consider how to write an ex-wife from a privatized apartment. A lot in this situation depends on the time of purchase of this property. The provisions of Article 31 of the Housing Code of the Russian Federation say that the former spouse after a divorce loses the right to use this housing if the apartment was purchased before marriage. To do this, you need to go to court with a claim to which the eviction requirement is attached in accordance with the norms of Part 4 of Article 31 of the LCD.
Consider another situation. You bought an apartment, but it turned out that someone is registered in it. According to Article 292 of the Civil Code of the Russian Federation, if the ownership of a housing is transferred to another person, then the right to use this housing is terminated for the former owner, as well as his family. Having received the right of ownership, you have the right to write out the people who are registered in the apartment. But, if a person previously participated in the privatization of this housing, then it cannot be evicted. Such people have the right to use housing for life.
To write out the wife with the child
Consider how to write an ex-wife with a child. There is article 20 of the Civil Code of the Russian Federation, which states that the actual place of residence of the child is the place where the child resides. That is, if he lives in the mother’s house, and is registered in his father’s municipal apartment, the mother’s house is his actual place of residence. If the father wants to discharge the child from his apartment, then he has the full right to this, only for this it is necessary to provide the consent of the tutorship and guardianship authorities. In your lawsuit, be sure to indicate that the child is actually living with the mother at the moment.
It is extremely difficult to write out a spouse and a child from a privatized apartment after a divorce, for this we recommend contacting an experienced lawyer. Almost always the court protects the rights of the child and stands on his side. If the child’s discharge comes from a large apartment to a smaller one, then the guardianship authorities will most likely refuse, which will not be in your favor at the trial. We hope our advice will help you understand the issue of discharge.