Is it possible and how to discharge an ex-wife from an apartment in 2023?

When
a divorce procedure occurs, marital relations most often become
negative.
The already difficult situation is complicated by related issues that the former spouses have to resolve.
Women usually ask how to sue their spouse for joint property.
Men are wondering how to expel their ex-wife from the apartment after a divorce without her
consent in 2023 .
This time we will pay attention to men and talk about the topic that interests them in more detail.

Is it allowed to write out
an ex-wife?

The dissolution of a marriage
relationship inevitably entails the division of the common living space.
Most often, ex- spouses try to go to different apartments.
It very rarely happens that they remain in the same living space.

In some situations, it is possible to resolve the issue of travel quite peacefully. For example, when adequate relationships have been maintained between spouses.

However, it is usually difficult for them to reach an agreement, and then they have to sort it out in court.

Due to the fact that the relationship between husband and wife is terminated, the former spouse has the right to expel the spouse from his living space (Article 31 of the Housing Code).

If there is no agreement, then a woman can be deregistered only in court or by obtaining her consent.

Reasons for discharging your ex-spouse

The state tries to protect the rights of its citizens. It preserves their right to housing. That is why, when leaving an apartment, it is necessary to meet the main requirements.

The main reason for eviction of an ex-wife is the official termination of family ties.

But there are other reasons:

• the man was the owner of the home, therefore he has sole rights to dispose of it (Article 30 of the Housing Code).
• The spouses at one time signed a marriage contract, according to which the husband has the right to dispose of the apartment. Usually, the procedure for dividing common property during a divorce is one of the first items.
• The wife lives in another apartment. The fact is that people registered in any living space are required to pay utility bills.
• If the ex-wife lives in another place, then the divorced husband can write her out, but this will require the case to be heard in court.

To summarize, it can be
argued that the ex-spouse is allowed to deregister his wife if he is the sole
owner of the property. But there are exceptions here too.

Rejection reason

There are a number of reasons under which a spouse will not be able to expel the ex-spouse from the apartment.

Let's look at the most common of them:

• The ex-wife was a participant in the privatization of the apartment, she has a share there.
• When the ex-wife has nowhere to live and cannot quickly find an apartment.
• The spouse renounced her right to claim a share of privatized housing in favor of the child or husband. In this case, they are obliged to provide her with the opportunity to live in the apartment for the rest of her life. And it doesn’t matter whether they live as a family or are already divorced.
• The wife has the right to live in the apartment under the terms of the marriage contract.
• If the apartment is joint property.
• The husband and wife lived in an apartment decorated in accordance with all the rules of social rent.

How to discharge a mother and child

Women are most often interested in the question of whether a husband can remove children from his apartment after a divorce .

The government is trying to fully protect children's rights, therefore, if the baby is registered in the apartment as a family member, then there is no way to discharge him.

If we mean a municipal apartment, then it is allowed to discharge the wife after a divorce and leave the child .

There is another possible outcome of events. For example, if the spouse is not the biological father of the baby, and this can be proven with the help of documents (that is, the husband did not adopt him).

This means that a child after a divorce is not considered a family member, just like his mother. Therefore, a man has the right to expel them from his own home. Usually such cases are considered in court. In this case, both the mother and the child are defendants in the lawsuit.

The procedure for expelling
a spouse from an apartment after a divorce

First you need to try to resolve the conflict peacefully. Perhaps the spouse herself will leave the living space she occupies. But don’t be upset if you couldn’t persuade your ex-wife.

The attempt to convince your wife needs to be recorded, and then this will serve as evidence in court that you tried to negotiate peacefully.

After all, you can come to court with an application only after your spouse refuses to deregister.

A man must clearly
understand which court he needs to go to.
Cases on similar topics are considered by district courts.
In this case, you need to select an institution based on the territorial affiliation of the apartment.

Note!
If the rules of jurisdiction are violated, this will only delay the time for resolving the issue.

Stage 1: Preparation

This stage consists of:

• filling out a claim with a request to evict your ex-wife from the apartment,
• collecting evidence in accordance with which the woman needs to be discharged (divorce, lack of regular payments for utilities, separation),
• collecting supporting documents, working with witnesses,
• payment of state duty.

Download a sample statement of claim for eviction of a spouse. [34.50 KB]

Stage 2: Trial

• registration of a package of documents in the district court (where the apartment is located),
• participation in the preliminary examination of the case,
• participation in the main hearings,
• obtaining a court decision and writ of execution.

Stage 3: Final

• The writ of execution (copy) is handed over to the employees of the Department of Internal Affairs of the Ministry of Internal Affairs,
• You can contact the bailiffs directly if necessary.

After submitting the writ of execution, the registrars discharge the wife without her consent. She will be given a departure sheet and a stamp will be placed in her passport indicating the end of registration at this address.

From this moment on, she will no longer have the right to reside in this apartment.

Conclusion

The husband can expel his spouse from the apartment, but there are some restrictions. All of them were discussed in this article.

Check out from the apartment.

Instructions for removing an ex-wife from an apartment without her consent when she is not the owner

Article updated: January 7, 2023

Hello. I am a visiting lawyer from the Bessonov and Partners law firm. I specialize in discharging citizens in court.

Any person can be discharged from an apartment without his consent ONLY THROUGH THE COURT. This is written in paragraph 1 of Art. 35 LCD and pp. 5 (e) clause 31 of Government Decree No. 713 of July 17, 1995. There is NO other way.

If the ex-wife is not the owner of the apartment, refuses to check out, ignores this requirement, or there is no contact with her, then you need to file a claim with the court to terminate the rights to use the residential premises.

In court it is necessary to prove that the wife does not have the right to live in the apartment, i.e. must be written out. How to do this and under what conditions is described in detail below.

In principle, the extract of the ex-wife in this case is not much different from the extract of the ex-husband.

First, let’s estimate the chances of getting your ex-wife discharged and what laws to rely on

A chain of articles of law that you can rely on to win the case:

1. Paragraph 13 of the Supreme Court Resolution No. 14 of July 2, 2009 - after the divorce, the ex-wife is now a former member of the owner’s family and family relations with her have been terminated.↓
2. Clause 4 art. 31 of the Housing Code - the ex-wife, as a former member of the family of owners, does not retain the right to use the residential premises, unless there was another agreement between them.

   Explanation - she does not have the right to live in the apartment unless there is another agreement. In court, the owners need to be informed that there was NO agreement between them and the ex-wife that after the divorce she could live in the apartment. Even if there was an agreement, then you need to inform that it is now terminated.

   An important digression: if the apartment went to the owners during privatization and the ex-wife refused to participate in it, then the conditions for discharge and the instructions themselves are very different.

   Therefore, I wrote separate instructions on how to discharge a person who refused to participate in the privatization of an apartment.

   The instructions in the link are also suitable for registering your ex-wife if she refused to participate in privatization.↓

3. Art. 304 of the Civil Code of the Russian Federation - the owner may demand the elimination of any violations of his rights, although these violations were not related to deprivation of possession.

   Explanation - the registration of the ex-wife violates the rights of the owners to freely use the apartment, and the owners have the right to demand the elimination of these violations.

Another important detail - does the ex-wife live in the apartment?

If the ex-wife does not live in the apartment, this plays into the hands of the owners. In this case, the court will be on the side of the owners.

If she does live, then another thing is important - whether she has another living space. If she proves in court that she has nowhere else to live (register), then the judge may decide to leave her registration for a certain period, i.e.

will retain the right to use the apartment (clause 4 of article 31 of the Housing Code and clause 15 of the Resolution of the Plenum of the Supreme Court of July 2, 2009 No. 14). In practice, the period is from 3 months to 1 year. If she has another living space, then this must be proven.

The instructions below tell you how to do this.

You have a better chance of getting discharged if you contact a lawyer.

Residents of Moscow or the region can contact our law office “Bessonov and Partners”. According to statistics, we win 84% of cases in court based on extracts and have been working in this area since 2008. We will carefully review your situation and find a solution to discharge your ex-wife, based on our extensive experience.

We will take care of everything - we will draw up a competent statement of claim, collect all the necessary documents and submit them to the court. You will not need to come to court hearings; lawyers from the office will participate in them. At the end of the trial, we will bring a copy of the court decision to your home.

This service is called “Extract - all inclusive”.

The cost of the service is from 50 thousand rubles. depending on your situation and its complexity. For visitors to this site there is a discount from 5% to 10%. To receive a discount, when applying, say that you came from the website Prozhim.com. For all questions and for a free consultation, call 8 (495) 642-31-96 (only for residents of Moscow and the region / daily from 9:00 to 21:00).

Let's go to court

Parties in court: The plaintiff is the owners of the apartment or one of them. There may also be a representative for the plaintiffs. This is a lawyer who, by proxy from the owners, represents and defends their interests in court; The defendant is his ex-wife.

The defendant may also have a representative - a lawyer, lawyer, etc.; The third party is witnesses (if any) and a representative of the Migration Department of the Main Directorate of the Ministry of Internal Affairs of the subject (almost never present at the court hearing).

1. Make a statement of claim.

   →Lawyers will draw up a statement of claim to the court for the person’s discharge. Leave the application and the lawyers will, without errors, draw up a correct statement of claim to the court for the person’s discharge. No going to the office. Plus free legal advice.Pravoved.RU

   The name of the claim depends on the situation. If the ex-wife does not live in the apartment, then you need to draw up a statement of claim for termination of the right to use the residential premises.

   If living, then an application for termination of the right to use the residential premises and eviction.

   If you have not moved into the apartment and have not lived in it for a single day - to be recognized as not having acquired the right to use the residential premises. Sample applications are available in the courthouse.

   One of the apartment owners can be included in the application; all of them are not required. Whoever is indicated in the application must participate in the trial.

   If there are several plaintiffs, then there is no need to draw up a statement of claim from each; one statement from all will do.

   You can also draw up a statement where the plaintiff can be one of the owners, the other owners act as third parties (if they want, of course). In this case, they, as third parties, have the right to express their opinion regarding the claim.

   There is no need to draw up a statement of claim yourself or look for samples on the Internet. Almost every situation regarding discharge through the court is individual, and the samples on the Internet may not contain the items that need to be indicated specifically in your situation. Even due to a small inaccuracy in the application, it may be rejected.

   I advise residents of Moscow and the region to draw up a statement of claim by contacting our legal bureau “Bessonov and Partners”. The bureau's specialists will listen carefully, get acquainted with the situation and correctly draw up a statement of claim, which will definitely be accepted in court. Cost about 7 thousand rubles.

   , they will tell you the full cost after they get acquainted with your situation. For visitors to our website we offer a discount of 5% to 10% on all services. To receive a discount, when applying, say that you came from the website “Prozhim.com”.

   For all questions and for a free consultation, call 8 (495) 642-31-96 (only for residents of Moscow and the region / daily from 9:00 to 21:00).

   You can also order the all-inclusive check-out service at the bureau. The lawyers will take on all the work of getting the ex-wife discharged. More details about the service above.

   If you decide to draw up a statement of claim yourself, then be sure to indicate in it the address of your ex-wife’s residence, the address of the apartment from which you want to write her out. This is necessary for the court to send her a subpoena (Article 113 of the Code of Civil Procedure of the Russian Federation). According to the logic of the court, the defendant’s residential address is his registration address (clause 63 of the Resolution of the Plenum of the Supreme Court of June 23, 2015 N25).

   If the ex-wife does not live at the registration address and does not receive the notice, the court will still consider the notice to have been delivered. Receiving notifications is a citizen's responsibility. The court, according to the law, took all notification measures, and if she does not appear at the court hearing, the judge will consider the case without her participation (in absentia under paragraph 4 of Article 167 of the Code of Civil Procedure of the Russian Federation).

   In this case, she will not be able to defend herself in court, and this plays into the hands of the owners.

   But you need to make several copies of the application. One copy must be in the hands of each plaintiff, one copy for the judge and several copies in court. The number of copies in court depends on the number of parties. For example, plaintiffs - 2, defendant - 1, third party - 2, judge - 1. This means there are 2 copies (in the hands of the plaintiffs) + 2 (for the plaintiffs in court) + 1 (for the defendant in court) + 2 (for third parties in court) + 1 (to the judge) = 8.

   →Lawyers will draw up a statement of claim to the court for the person’s discharge. Leave the application and the lawyers will, without errors, draw up a correct statement of claim to the court for the person’s discharge. No going to the office. Plus free legal advice.Pravoved.RU

2. Submit a statement of claim and other documents to the court.

   We remind you once again that only one of the owners can submit an application to the court and participate in it; all of them do not have to. Whoever appears in the statement of claim is the one who files it. A claim can also be filed by a lawyer by proxy, who can be hired by the owners for representation in court.

   You need to go to court at the location of the apartment (Article 24 and Article 28 of the Code of Civil Procedure of the Russian Federation). Usually in large cities these are district courts, in small towns and villages - city courts.

   First, you need to get a receipt for payment of the state fee from the court office. The state fee is 300 rubles and can be paid in the courthouse itself (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation). Then, after payment, you submit the following documents (originals and copies) to the court reception (expedition):

   • Statement of claim. How many copies of the application are needed is written above.
   • Passport(s) of the plaintiff(s). If instead of the plaintiffs the documents are submitted by an authorized person (for example, a lawyer), then his passport and a notarized power of attorney are also needed. If one of the plaintiffs is a minor, then his birth certificate.
   • A document that confirms ownership of the apartment. This could be a certificate of ownership or an extract from the Unified State Register for the apartment. A certificate of ownership has not been issued since 2016. If you don’t have the certificate on hand, then an extract from the Unified State Register will do instead. A paper extract is required; how to order one can be found here. If you have a certificate, I advise you to bring it + an extract from the Unified State Register of Real Estate.
   • Foundation agreement. This is the agreement on the basis of which the apartment was purchased. This could be a purchase and sale agreement, gift, privatization, or a certificate of inheritance, etc.
   • Extract from the house register. This extract contains the full names of registered (registered) citizens in the apartment, including the defendant. For instructions on how to obtain it, follow this link.
   • Certificate of divorce. This proves the end of family relationships.
   • A check with a receipt for payment of the state duty.
3. The judge will consider the application and set a date for the preliminary hearing..

   Within 5 working days from the date of filing the documents, the judge will consider the statement of claim and decide what to do with it next - accept, reject or leave without progress.

   If the judge accepts the statement of claim, a court date will be set. The maximum period is within a month from the date of acceptance of the application (clause 1 of Article 154 of the Code of Civil Procedure of the Russian Federation). The court will send by registered mail to the plaintiff-owner, the defendant-ex-wife (at the place of registration) and third parties notices of the time and place of the court hearing.

   If you have any questions, you can consult a lawyer for free. Ask your question in the online consultant window at the bottom right of the screen, in the comments or by phone (24 hours a day, 7 days a week): 8 (495) 642-31-96 - Moscow and region; 8 (812) 425-64-92 — St. Petersburg and region; 8 (800) 350-29-86 - all regions of the Russian Federation.

4. Conducting a preliminary meeting.

   The preliminary hearing is preparation for the trial. In it, the judge listens to the parties' demands and reviews the submitted documents. If there are not enough documents, the judge will indicate which ones.

   I advise plaintiffs to ask the court to request information from Rosreestr, namely an extract from the Unified State Register of Real Estate about the rights of an individual to his real estate assets. The extract must be requested for the ex-spouse. In the next paragraph we will explain why it is needed.

   If the plaintiffs invite witnesses from their side to the court, then they need to petition for them, i.e. provide a written statement or indicate them in the statement of claim.

   After this, a court date will be set. The defendant is again sent subpoenas, but this time for a court hearing.

5. Conducting a court hearing.

   At the beginning of the court hearing, the judge will announce the requirements for the claim. Then he will listen to each of the parties or the lawyer, their additions, testimony of witnesses and other third parties, and ask questions for clarification.

   What should plaintiffs do? The plaintiffs must be told at the court hearing that the ex-wife, as a former family member, has lost the right to use the apartment and registration prevents them from freely using it. Which articles of the LCD to rely on are written above.

   If the ex-wife does not live in the apartment, then this must be proven. To do this, you need to invite witnesses (neighbors, relatives) who will confirm this. If she lives in an apartment, then she needs to prove that she has somewhere to live in addition to the apartment.

   To find out whether she owns real estate, she needs an extract from the Unified State Register of Real Estate about the rights of an individual to the real estate she owns. I mentioned it above. This statement shows what kind of real estate a particular person owns.

   If the ex-wife has a different living space, the judge will take this into account.

   The ex-wife, as a defendant, has the right to defend her interests and has the right to hire a lawyer to do so.

   There may be several court hearings, depending on many factors.

6. Court decision announced.

   After the judge considers all the demands and arguments of the parties, he will make and announce his decision. If the ex-wife (defendant) was present at the court hearings, then the court decision comes into force within a month after its announcement. This is called a face-to-face decision.

   If she was not present at any court hearing, then the decision can be either in person or in absentia (takes effect in a month and 7 days), this will be for the judge’s consideration. Decisions come into force under these deadlines only when the defendant has not filed an appeal.

7. Pick up a copy of the court decision from the court office . You can find out about its readiness by calling the court office.
8. Take a copy of the court decision to the Department of the Ministry of Internal Affairs.

   If the court made a decision in favor of the owners on the discharge of the ex-wife and it came into force, you need to take a copy of the court decision to the regional department for migration issues of the Ministry of Internal Affairs (formerly the Federal Migration Service). According to the law, upon presentation of a copy of the court decision, the defendant must be discharged (deregistered) within 3 working days.

9. Eviction of the defendant.

   There are much more problems if the defendant lives in an apartment.

   I wrote above that if the defendant proves to the judge that he has nowhere else to live, then the court may reserve his registration for a certain period (from 3 months to a year).

   Even when a court decision is made to evict the defendant without a period of residence, he can file a petition to defer the execution of this decision to the same court. And the judge can give him this reprieve.

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

• An unpleasant situation when you have to think about how to evict your ex-wife from an apartment or how to get rid of the presence of your ex-husband in your apartment, if this person refuses to check out and leave voluntarily, can be resolved quite clearly and without questions if: In other cases, an approach to each situation is individual and depends on the status of the residential premises and the time of acquisition of rights to it.
• If the housing is non-privatized, then, before discharging the ex-husband from a municipal apartment, or in such an equivalent situation as discharging an ex-wife from a municipal apartment, it is necessary to find out whether he or she is a tenant or is simply registered in the apartment.
• At the same time, it’s worth finding out how to check out of an apartment going nowhere.
• In this case, the solution would be to re-register the contract in the name of another tenant with the provision of appropriately certified consents of registered citizens.
• To do this, it is also necessary to obtain judicial permission from arbitration to re-register the rental agreement for municipal housing.
• If the former spouse refuses to privatize housing, then he can use the living space regardless of the fact of divorce.
• The court may terminate the right of use, but through the obligation to provide housing for the ex-spouse.
• You can find out how to sell an apartment with a registered person here. It qualifies as property acquired before marriage, which is the full property of its owner, to which the rights of the spouse do not apply, unless otherwise specified in the marriage contract.
• That is, the wife does not have any rights to the apartment and must be discharged in court; If the apartment was acquired by a family during marriage, then it will have to be shared with the ex-spouse - the court will not be able to resolve the issue of how to discharge an ex-wife or husband from a privatized apartment if other conditions were not taken into account and recorded in the marriage contract.
• Spouses automatically become co-owners of an apartment both when purchasing housing in the same name and when refusing privatization.

Is it possible to expel my wife from the apartment without her consent if I am the owner?

To forcefully deregister a former spouse, it is necessary to obtain a court decision that he has lost the right to use residential premises.

Therefore, it is worth reading the link on how to check out of an apartment and register in another https://propiskainfo.ru/2340-kak-bez-problem-vypisatsya-iz-kvartiry-propisatsya-v-druguyu.

1. Such an application must be submitted by the former spouse or the owner of the apartment in which there is a disputed registration.
2. The application is submitted in person to the district court for hearing by a federal judge.
3. It is also permissible to send an application by mail, enclosing a list of sent documents in an envelope and attaching a notification of receipt form to the envelope.
4. The application must have: The title of the application in this case will sound verbatim: “Statement of claim to recognize the former spouse as having lost the right to use residential premises.”
5. In the application, you will need to provide documents confirming the rights to the apartment, a copy of the divorce certificate, and, if available, a copy of the marriage contract.
6. A hearing will be scheduled in a month, at which all the circumstances will be considered and a decision will be made.
7. When you receive a decision in your favor, you can go with a certified copy to the passport office, where the problem tenant will be discharged based only on your passport, application and court decision.

Let's look at the nuances of such situations, whether it is possible to discharge a wife with or without a child, what to do if the ex-wife is the owner of the living space or is not the owner. 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, just call, it’s fast and free!
• If the divorce occurred by agreement of the two parties, then resolving the issue of accommodation, of course, will be easier.
• In the case where the former spouses remain on good terms, the issue of dividing property and moving out of the apartment is resolved even before the divorce is filed - by mutual consent.

Unfortunately, very often the reality is that divorce is not the most pleasant process, after which people do not part on the best terms. That is, it is understood that the apartment was purchased or given to the husband before the wedding and he is its owner, but his wife is not.

In this case, it is very difficult to come to an agreement, because each side insists on its own, does not want to make concessions and sometimes deliberately complicates the life of the ex-spouse.

As stated in Article 31 of the Housing Code of the Russian Federation, after a divorce, the wife cannot lay claim to the apartment, that is, the husband has the right to deregister it if she is not the owner (about how to correctly deregister the citizens registered in it from the apartment if you are the owner apartments, we talked about here).

If the ex-wife does not express a desire to leave and discharge herself, is it possible to do this without her consent? The apartment was bought by both spouses, but the wife is violating public order.

1. In this case, the court involves the participation of the guardianship authorities, who need to decide on the most favorable decision for the child.
2. After parents divorce, children can legally live in the living space of both their father and mother (if the parent is not deprived of parental rights).
3. In order for a mother to be discharged along with her child, she must have a place where she can be registered.

How to kick my ex-wife out of my own apartment without her consent

• If you want to find out how to solve your particular problem, just call, it’s fast and free!
• If the divorce occurred by agreement of the two parties, then resolving the issue of accommodation, of course, will be easier.
• In the case where the former spouses remain on good terms, the issue of dividing property and moving out of the apartment is resolved even before the divorce is filed - by mutual consent.

Unfortunately, very often the reality is that divorce is not the most pleasant process, after which people do not part on the best terms.

That is, it is understood that the apartment was purchased or given to the husband before the wedding and he is its owner, but his wife is not.

In this case, it is very difficult to come to an agreement, because each side insists on its own, does not want to make concessions and sometimes deliberately complicates the life of the ex-spouse.

As stated in Article 31 of the Housing Code of the Russian Federation, after a divorce, the wife cannot lay claim to the apartment, that is, the husband has the right to deregister it if she is not the owner (about how to correctly deregister the citizens registered in it from the apartment if you are the owner apartments, we talked about here).

If the ex-wife does not express a desire to leave and discharge herself, is it possible to do this without her consent? The apartment was bought by both spouses, but the wife is violating public order.

1. In this case, the court involves the participation of the guardianship authorities, who need to decide on the most favorable decision for the child.
2. After parents divorce, children can legally live in the living space of both their father and mother (if the parent is not deprived of parental rights).
3. In order for a mother to be discharged along with her child, she must have a place where she can be registered.

How to expel your ex-husband from an apartment if he is not the owner and his wife

• Otherwise, she will have to leave the baby registered in her husband’s living space until she can get registration elsewhere.
• Thus, we answered the question whether it is possible to discharge a wife after a divorce, and leave the child registered in the father’s apartment.
• There is a general procedure for deregistration from living space, but it is not always possible.
• If the housing has been privatized and the ex-wife is not against deregistration, you must go through the following steps: In the case of a municipal apartment, you must come to the local government authority together with your wife and draw up a statement requesting deregistration.
• Deregistration is free of charge, and the deadlines are not regulated by law.
• This usually takes several days, but due to the workload of employees it can take several weeks.
• After the discharge is completed, the woman will be able to receive a certificate confirming that she is no longer registered at the specified address.
• To file a claim for deregistration, the second spouse must apply to the court in accordance with the residential address.
• You should prepare a package of documents: In addition, other documents may be needed, and you will also need to submit the actual claim document.
• It must describe in detail who the plaintiff is, the defendant, and for what reason the claim is being filed.
• So, let’s figure out how to expel your ex-wife from the apartment if you are its owner.
• If the apartment is privatized and its owner is only the husband, he has every reason to demand that the ex-wife be discharged from the housing (we described in this material how the person who is registered in it is discharged from a privatized apartment).
• According to the law, after a divorce, she can use the property of her ex-husband only with his consent.
• If the apartment is the joint property of both spouses, the wife has all the rights to housing even after the marriage has been dissolved, and it is almost impossible to sign her out.
• Even if she does not live in this place and does not pay utilities.

However, eviction due to immoral behavior is possible. If the ex-wife breaks the silence after, behaves obscenely, starts fights, drinking, you can also go to court.

1. But first, you should file a statement about a violation of public order with the police, and then write a complaint to the local administration.
2. If the wife’s violation of the order of residence continues, only then can she go to court.
3. To do this, you will need to collect witness statements and other evidence of such behavior of the violator - documents from the police confirming that the person systematically violates the law.
4. If before the divorce the spouses shared public housing, then after the divorce both of them have the same right to continue to live in this apartment.

How to expel your ex-wife from an apartment after a divorce and without consent

Since such housing is not the property of either spouse, the ex-wife cannot be removed from the housing solely on the basis of divorce.

Also, an extract from a municipal apartment, according to Article 91 of the Housing Code of the Russian Federation, is possible if damage has been caused to the property, if it is used for other purposes, if the tenant creates inconvenience for other tenants. Before applying to court, you should file a complaint with the municipality.

• After the complaint has been reviewed and verified (including neighbors being interviewed or the inspectors being able to personally verify the circumstances described in the complaint), the offending tenant will be issued a warning.
• If the tenant continues to fail to comply with the order, it is time to go to court.
• In addition to the application requesting the discharge of his wife, the plaintiff must prepare all the required documents, including receipts that will confirm payment of utilities and social rent.
• Testimonies of witnesses (neighbors, acquaintances) are suitable as evidence.
• Registration of the wife's discharge from the apartment may not always be simple.
• The process can be complicated by many factors, and sometimes you will have to spend a lot of time and effort to carry out this procedure.
• How to discharge an ex-wife is a question that arises among male homeowners after a divorce.
• Based on the end of the marriage and separation from his wife, the ex-husband understandably wants to remove his ex-wife from his apartment.
• Eviction from an apartment can take place quickly and by agreement, or it can cost the apartment owner additional hassle.
• It is good if the ex-wife leaves the apartment voluntarily or through an agreement when dividing jointly acquired property.
• Otherwise, when she does not agree to be evicted from the apartment, the man has to initiate a lawsuit and expel his wife through a court decision.
• If a man is the owner of an apartment from which he wants to expel his ex-wife, he must draw up and file a claim in court, attaching copies of documents to it (extract from the house, certificate of ownership of the apartment, divorce certificate).
• If the ex-wife has no other place of residence, the matter of removing her from the apartment is somewhat more complicated.

The court's decision may be more favorable towards her. During this time, she can legally live in the apartment of her ex-husband.

1. But at the end of the period allotted to her to find housing, she may be forcibly evicted by her husband.
2. The claim must indicate whether the ex-spouse lives in your apartment or is only registered at this address, and whether she pays for utilities.
3. If you know what address your ex-wife lives at, write about it in the claim.
4. When the ex-wife intentionally or accidentally left the apartment, being registered in it, and did not tell you her whereabouts, she can be forcibly discharged. It also matters when your ex-wife was registered in the apartment.
5. Since such housing is not the property of either spouse, the ex-wife cannot be removed from the housing solely on the basis of divorce.

Also, an extract from a municipal apartment, according to Article 91 of the Housing Code of the Russian Federation, is possible if damage has been caused to the property, if it is used for other purposes, if the tenant creates inconvenience for other tenants. Before applying to court, you should file a complaint with the municipality.

• After the complaint has been reviewed and verified (including neighbors being interviewed or the inspectors being able to personally verify the circumstances described in the complaint), the offending tenant will be issued a warning.
• If the tenant continues to fail to comply with the order, it is time to go to court.
• In addition to the application requesting the discharge of his wife, the plaintiff must prepare all the required documents, including receipts that will confirm payment of utilities and social rent.
• Testimonies of witnesses (neighbors, acquaintances) are suitable as evidence.
• Registration of the wife's discharge from the apartment may not always be simple.
• The process can be complicated by many factors, and sometimes you will have to spend a lot of time and effort to carry out this procedure.
• How to discharge an ex-wife is a question that arises among male homeowners after a divorce.
• Based on the end of the marriage and separation from his wife, the ex-husband understandably wants to remove his ex-wife from his apartment.
• Eviction from an apartment can take place quickly and by agreement, or it can cost the apartment owner additional hassle.
• It is good if the ex-wife leaves the apartment voluntarily or through an agreement when dividing jointly acquired property.
• Otherwise, when she does not agree to be evicted from the apartment, the man has to initiate a lawsuit and expel his wife through a court decision.
• If a man is the owner of an apartment from which he wants to expel his ex-wife, he must draw up and file a claim in court, attaching copies of documents to it (extract from the house, certificate of ownership of the apartment, divorce certificate).
• If the ex-wife has no other place of residence, the matter of removing her from the apartment is somewhat more complicated.

The court's decision may be more favorable towards her. During this time, she can legally live in the apartment of her ex-husband.

1. But at the end of the period allotted to her to find housing, she may be forcibly evicted by her husband.
2. The claim must indicate whether the ex-spouse lives in your apartment or is only registered at this address, and whether she pays for utilities.
3. If you know what address your ex-wife lives at, write about it in the claim.
4. When the ex-wife intentionally or accidentally left the apartment, being registered in it, and did not tell you her whereabouts, she can be forcibly discharged. It also matters when your ex-wife was registered in the apartment.

How to expel your ex-wife from a municipal apartment without her consent

Today this problem is relevant. When people's feelings pass and a marriage breaks down, questions about property arise.

After all clarifications and petitions, a court date will be set. The defendant is again sent subpoenas, but this time for a court hearing. If the court, upon request, finds out that the ex-wife owns real estate, then it will send summons to this address. Conducting a court hearing.

Recently, problems have arisen among military personnel and other persons who received official housing in connection with their service or in connection with the performance of work duties.

If the ex-wife has left the official housing, but is not deregistered, this is done in court. Both her ex-husband and the representative of the homeowner have the right to file a claim.

Is there such a possibility?

Registration of dissolution of a marriage is a legal basis for the discharge and eviction of a former spouse from an apartment. Article 31 of the Housing Code of the Russian Federation states that in the event of a divorce, the spouse of the owner of a residential premises loses the right to live in it, unless there are additional agreements concluded during the marriage and establishing a different order of relations in the event of a family breakdown.

If she does not have the opportunity to live somewhere else, then the court gives an installment plan to resolve the housing issue. Previously, the husband could easily remove both the woman and children from the registration book after a divorce.

A child cannot legally be a former relative. Accordingly, he cannot lose the right to live with his father.

It is not always possible for a person to remove the second spouse from the registration book.

The latter retains the right to use the property in the following situations:

1. upon receipt of the right of use in the event of an agreement between the owner and the applicant;
2. court decision;
3. in the presence of equal rights to use the property under privatization.

In this article we will talk about how to expel your ex-wife from an apartment after a divorce without her consent in 2023, and is it possible to do this in relation to the children who will remain living with her?

In cases of privatized housing

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

Here, too, you first need to estimate your chances, because there are some conditions necessary for discharge (described below). Next, you need to collect evidence that these conditions are met. Then draw up a statement of claim, submit it with other documents to the court, and in court try to write out your ex-wife. All instructions are described in detail below.

During the process of filing a divorce, spouses often need to resolve property issues, among which the most common is the removal of the ex-spouse from the apartment. Most often, the housing turns out to be the property of the husband, so it becomes necessary to evict the ex-wife from the apartment.

The issue regarding the registration book is regulated by the Constitution of the Russian Federation. This stipulates the possibility of removing rights from an object through the courts. If it is impossible for the spouses to agree voluntarily, then it is necessary to file a claim in court.

If the conditions below are met, then there is a chance for your ex-wife to be discharged

Article 71 of the Russian Housing Code says that the absence of the employer or members of his family, even former ones, for some time is not a fundamental reason for terminating the agreement (contract) with them.

In this case, all their rights and obligations are preserved.
It is not uncommon for spouses to independently agree on an extract from a property.

If you can’t discharge your ex-husband, there are several ways to solve your housing problem:

• exchange your apartment for two smaller ones (with the consent of the municipality and only if suitable premises are available);
• separate the accounts and leave each spouse the right to use only one room in the apartment;
• option based on agreement and trust: rent a room or apartment to your ex-husband and bear half the cost of utility bills for a municipal apartment and for a rented one.

She left the apartment on a permanent basis, and not temporarily due to study, work, business trips, treatment, etc. That is, she took all her things out of the apartment. It’s even better if she lives with a new family or in another locality.

There are several grounds for evicting an ex-wife from a municipal apartment, regardless of his wishes. They are provided for by law. Every person has the right to housing. He cannot be deprived of it. This is stated in Articles 25 and 40 of the Constitution of the Russian Federation. This process is provided for by law. In this situation, this will be a necessary measure.

Before solving the problem of how to evict your ex-wife , you need to know on what grounds she is in the apartment. She could own the entire apartment. She may be the owner of its part or share.

There is an option that she has registration in this apartment. There are a few more important points. The apartment could have been privatized. It could have been purchased before marriage. It could be given to a spouse.

It could also be used under a social rental agreement.

During a divorce, as a rule, children remain with their mother. Therefore, the court may oblige the husband to provide housing to his ex-wife and children upon eviction.

By law, children cannot be evicted. This means that they will be able to use housing. Children always remain family members without eviction.

Legal side

The law says that if a decision is made to break off the relationship, the ex-wife can use the housing. Although at that time she was no longer a member of the family.

We can conclude that a divorce can affect the eviction of an ex-wife from a municipal apartment.

It is this fact that shows that the relationship is over. Then the wife loses her right and can no longer stay in the apartment; she can be evicted.

Since not all families register marriage officially, the question of how to evict an ex-wife from an apartment is also important. It will just be more difficult to solve.

That the spouses stopped running a joint household will have to be proven in court. The testimony of relatives, friends, and witnesses will be important.

And also if the wife has moved to another place of residence, you need to provide a certificate stating that she lives in another place. This situation is considered by the court separately for each case.

Acquired property and its division when evicting an ex-wife from an apartment

After a divorce, the most serious question is how to properly divide the apartment. Of course, this issue can be resolved. For example, an apartment can be exchanged or sold. Then the money can be divided between the spouses. Sometimes it is not possible to agree on this issue. Then again all issues will have to be resolved in court. The process goes quickly. How the apartment was purchased will also be taken into account.

1. The purchase took place during the period when the marriage existed. Material resources from maternity capital are invested in it. Or maybe a mortgage loan was used.
2. Municipal apartment. It could also be privatized.

A lawyer with extensive experience in restoring housing rights and rights during eviction from a residential premises.
Resolution of disputes related to the ownership of residential premises. If the apartment is recognized as shared, then forced eviction will be impossible. In this case, the co-owners must agree on its future fate.

The process of discharging a person from an apartment in some situations is associated with many difficulties. If we are talking about divorce and the ex-husband or wife needs to be discharged, additional nuances arise.

Procedure for expelling an ex-wife from a privatized apartment

In this article we will talk about how to expel your ex-wife from an apartment after a divorce without her consent in 2018, and is it possible to do this in relation to the children who will remain living with her?

For example: After the divorce, I still owned a plot of land on which the house stood; by court decision, the house was divided in equal shares between us. Now I have decided to sell the plot.

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.

The statistics are as follows: today half of marriages end in divorce. Moreover, this procedure often becomes the cause of numerous housing and property disputes.

So, the problem will be to extract your ex-wife even from the living space (apartment) you purchased, which you owned before the wedding.

The decision is made each time depending on the amount of evidence and the specific life situation.

For example, if the husband has started a new family and does not declare his rights to living space in court, then the court will fairly quickly satisfy the plaintiff’s demand. It’s another matter if the ex-wife simply kicked her husband out the door, and he is forced to rent a room.

The registration authority may accept or reject this provision. One copy of the application remains in it, and the second with a mark remains with the applicant until the owner’s request is fulfilled. If a person is not removed from the registration book even after this, then you need to file a claim, where to attach this document.

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. Sometimes, even if, by law, the owner of the home has the right to deprive his other half of registration after a divorce, he may be faced with her reluctance to leave the apartment.

The fundamental factor in resolving this issue is the ownership of real estate. If the housing is not considered joint, but belongs only to one of the couple, then he has the right to demand the eviction of the second after the official termination of the relationship.

If all conditions for discharge are met, then this is good. But the difficulty is this: the existence of conditions must be PROVED IN WRITTEN. The judge will not believe the words and arguments. And to prove it, you need to provide the judge with certain certificates and acts from various government departments and organizations.

An ordinary citizen himself will not be able to obtain some documents, simply because he does not have a certain status and authority. But a hired lawyer can. Is it possible to expel an ex-wife from the apartment without her consent? Divorce is the basis for removing a spouse from registration.

Here ALL the conditions that are specified in paragraph 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 must be met.

From this resolution, a whole chain of conditions emerges: the ex-wife must not live in the apartment for a long time → she left voluntarily, and not because of conflicts → she left on a permanent basis, and not temporarily due to work, business trips, treatment, etc.

And it makes no difference whether the ex-wife is included in the warrant or social tenancy agreement, or whether she is simply registered as a family member in a municipal apartment.

Each owner of the premises has the right to apply to the court to remove a third party from the premises.

In addition to the claim the following must be attached:

1. notice of eviction with appropriate notes;
2. other documents confirming the applicant's requirements. This may include a certificate of ownership, divorce, and the chairman of the HOA.

After a divorce, a share of the property may go to the ex-wife. This happens when the apartment was purchased by the spouse before marriage, and major repairs were carried out by the wife at her own expense.

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