Eviction of a former family member of the owner, statement of claim for eviction of a former family member

The article contains information on how to file a claim to evict a former family member of the owner.

Reasons for vacating a home by former relatives of the owner or other relatives of the owner of the property.

The procedure for voluntary departure taking into account the registration of registration and forced vacation of the premises. Filling out a petition to the courts for resettlement and a list of documents.

Eviction of former family members or relatives is carried out according to the norms of the new Housing Code.

Voluntary vacation of living space means that a former family member or relative applies to the Federal Migration Service with a written request to leave the registration register at the address of the owner of the home.

A request for deregistration is considered by the territorial Federal Migration Service for three days. After three days, the applicant receives a passport with a departure mark. Deregistration indicates the loss of the right to use the owner’s housing.

However, the issue is not always resolved voluntarily. Homeowners have to resort to forced vacation of real estate by filing a claim in court with proof of ownership, reasons for vacating the home, and paying a state fee.

After the trial of the case, a decision is made, on the basis of which the former member of the owner’s family or relative is removed from the registration register from the owner’s apartment.

Concept of kinship

Kinship is a blood and biological connection between people, as well as a legal connection provided for by the Family Code of the Russian Federation

To determine the meaning of “family member” it is necessary to define the concept of family. Family is the cohabitation of persons who are interconnected by rights and obligations resulting from marriage, kinship, adoption or other form of providing for children by family

The husband and wife are not blood relatives. However, the concept of “family member” applies to them. Marriage is a union of two people of the opposite sex for the purpose of running a joint household and raising children.

Based on Art. 31 of the Housing Code, members of the owner’s family are the spouse, as well as their children, father, mother or persons specified in the municipal agreement by the main tenant.

The owner can consider any person who lives with him to be a member of the family. This right is given to him by the ownership of his home, which he has the right to own, use and dispose of.

Members of the owner's family must pay for and maintain the apartment on equal terms with him.
How to evict neighbors who rent an apartment
Eviction of ex-wife

Eviction of a family member of the owner

According to Part 4 of Article 31 of the Housing Code of the Russian Federation, it is provided that if the marriage is dissolved, then the right to use the housing is automatically lost by a member of the owner’s family.

Explanations of the Plenum of the Armed Forces of the Russian Federation No. 14 of July 2, 2009 listed the circumstances for the termination of marriage relations:

Termination of marriage in the registry office, by court decision	or the court established a fictitious marriage.
No joint farming	and common money with the owner of the home.
Absence	mutual assistance.
Another place	accommodation.

The absence of a joint household with the owner does not mean the absence of a marriage relationship. It is possible that joint farming is not carried out according to the agreement.

Upon termination of a marriage with the owner, the right to use the home does not remain with the family member, unless otherwise specified in the contract. This could be a prenuptial agreement.

If a family member does not have the opportunity to purchase housing or there are no financial opportunities for this, then a court decision grants a deferment of execution of the decision for a period of one and a half years.

Grounds for eviction

Reasons for vacating living space:

Loss of a person’s position as a family member if the home was purchased before marriage.	The proof will be a document on the dissolution of the marital relationship.
Spouse living elsewhere for an extended period of time.	The evidence will be the testimony of witnesses certified by the housing organization.
Lack of participation in the maintenance of real estate, non-payment of utility bills.	Proof of receipts paid by the home owner.
Spouse	We haven’t been in the apartment even a day.

These reasons are possible for the eviction of a member of the owner's family. Evidence for each situation is indicated separately; it will take time to prepare it, but this simplifies the decision-making procedure.

Eviction of the owner's ex-wife

If the husband’s home was purchased before marriage, then it will be his property only.

Based on the Housing Code of the Russian Federation, the owner’s ex-wife loses the right to use and must vacate the premises voluntarily. If she has not vacated the living space, then the owner goes to court to evict the former spouse without allocating another living space. However, there is a nuance in this matter.

The Housing Code establishes that the court can oblige the owner to provide premises to his wife if he makes alimony payments for the children. The ex-wife has the right to demand that her husband provide her and her children with a separate apartment.

Paragraph 16 of the resolution of the plenum of the Supreme Council No. 14 talks about this in detail. It lists the circumstances that must be taken into account by the courts in this case.

Eviction of ex-spouse from owner's apartment

Article 31 clause 4 of the Housing Code of the Russian Federation states that in the event of termination of a marriage with the owner of a home, a member of the owner’s family does not have the right to use the home, unless otherwise specified in the contract.

The former spouse can voluntarily apply to the FMS and deregister.

The forced resettlement procedure involves filing a petition with the judicial authorities. An application is drawn up in accordance with Articles 131 and 132.

The application is accompanied by a list of documents indicating the loss of the right to use the apartment with subsequent departure from the registration registration. The claim is paid by state duty.

The petition names the plaintiff as the owner, and the defendant in the case is the former husband. The FMS authorities are involved from third parties. In this category of cases, the participation of a representative of the prosecutor's office is mandatory.

There is one nuance in the court case. Based on the Constitution of the Russian Federation, no one can be deprived of their home. When hearing the case, the court will establish the fact that the ex-spouse has real estate or the possibility of him acquiring living space.

If the spouse cannot afford to purchase housing, the court establishes a deferment of execution of the decision for a period of six to eighteen months. At the end of the deferment period, the ex-husband moves out.

Eviction due to change of ownership

In this situation, the home can be vacated at the request of the new owner. Based on Article 304 of the Civil Code, the owner of a residential premises has the right to demand the elimination of violations of any rights related to housing.

When the owner of the premises changes, all agreements with the previous owner are canceled. For the new owner, clearing the area from residents is not a serious problem. To do this, it is enough to petition the judicial authorities for the forced vacation of the home. It is necessary to file an application with the court if the tenants did not vacate the premises of their own free will.

The new owner removes everyone from registration. This right is given to him by the Civil Code of the Russian Federation, in paragraph 2 of Art. 292 states that the transfer of ownership to another owner terminates the right to use housing by family members of the previous owner.

Statement of claim

The statement of claim must comply with the Code of Civil Procedure.

At the beginning of the application, the court to which the petition will be filed, the last name, first name, patronymic of the applicant and the defendant, as well as their address are indicated. Identify third parties involved in the dispute.

Next, there is a descriptive part of the petition, which sets out the situation and the reason for applying to the judicial authorities. It is also necessary to indicate the person subject to forced evacuation, information about the property, information about the owner, as well as the basis for vacating the home.

At the end there is a date and signature. A list of documents is attached to the application. The claim is sent to the location of the property. On this basis, you can go to court only once.

List of documents

Copies of claims.
A photocopy of the purchase and sale agreement for the home.
Certificate of registration.
Technical passport.
A photocopy of documents indicating the dissolution of the marriage relationship.
Copies of documents for children.
A photocopy of the marriage agreement (if there was one).
Extract of the house register and the Unified State Register.
Receipts for payment of utility bills.
Document confirming payment of state duty.

You can collect additional evidence that will be presented in court and will help in making a positive decision.

This could be testimony from neighbors, administrative protocols against the former spouse.

The state duty based on the Tax Code of the Russian Federation is 200 rubles. Information for paying state fees can be found in court.

The court will consider the petition. Based on the results of consideration, the application will be:

accepted for trial
left without consideration or returned.

The reason for returning the petition or leaving the case without trial can only be for compelling reasons. Such grounds may include incorrect execution of the application, lack of necessary documents, or incorrect jurisdiction of the cases.

Eviction of a family member of the previous owner

Sometimes the judicial authority, in the presence of circumstances, extends the right to use housing for family members. But the owner disagrees with the decision. The right thing for him to do would be to sell his property to another person.

The new owner will have no restrictions and will apply to the judicial authorities for the loss of the right to use the premises by former family members (clause 2 of Article 292 of the Civil Code).

Judicial practice in civil cases regarding eviction from an apartment

Possible reasons for eviction of the owner from a residential premises

The court decision must contain information about all persons subject to eviction from the home, and when establishing a deferment of execution of the decision, a specific time is established.

If the owner is obligated to buy or provide housing due to obligations to pay alimony, the decision shall indicate:

A copy of the decision is sent to the territorial Federal Migration Service, which maintains registration and records of persons. Making a decision to resettle is a reason for deregistration of registration under duress, since the person loses the right to use the home.

The bailiff takes actions to vacate the premises from the tenant and his belongings, pets, within the framework of enforcement proceedings on the basis of Art. 107 legislation on enforcement proceedings.

The eviction procedure takes place in the presence of two witnesses.
The former family member is an outsider
He may have the opportunity to buy a home, or own a home, or have grounds for registration in another place, for example, with his parents.

As for children, they cannot be resettled. It will be necessary to provide them with other living quarters, equal or better in terms of conditions.

Important! Problems related to housing fall into the category of complex cases. Consult for free with the specialists of our “Legal Center”

Statement of claim for eviction of a former family member of the owner

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Attention! Article 131 of the Code of Civil Procedure of the Russian Federation describes the requirements for the form and content of the statement of claim:

The statement of claim must not contain spelling errors, obscene expressions or insults;
The claim must be written correctly in an official business style;
The information contained in the claim must be relevant and reliable;
The application must have a structure.

If the claim does not meet the requirements established by procedural legislation, the court will return it for revision, and the person’s application will not be considered until the shortcomings are eliminated.

For this reason, the statement of claim should be drawn up according to the sample, and it is necessary to indicate the following information:

The name of the body where the dispute will be heard. When choosing a court, it is necessary to take into account the requirements of jurisdiction; usually claims are filed at the place of residence of the defendant, in exceptional cases - the plaintiff. When resolving a dispute regarding the eviction of a person, the claim is filed at the location of the housing;
Information about the parties (plaintiff and defendant): full name, date of birth, place of actual residence and contact information. If a dispute that has arisen between the parties affects the interests of third parties, then their details should also be indicated in the header of the application;
The name of the claim and its price. Depending on the price of the claim, the amount of the duty paid to the state budget is determined, but in this dispute the price of the claim is not indicated, since the claims are of a non-property nature;
The essence of the appeal: the nature of the offense, how the person’s rights were violated, under what conditions this happened, what legal acts apply in this case, what evidence supports the applicant’s arguments. An eviction claim usually contains information about why the person moved into the property and for what reason it is necessary to evict him;
About attempts to pre-trial resolve the dispute and available evidence: written claims, messages, etc.;
Requirements. The claim can indicate one demand (to evict the tenant) or indicate several at once, if these demands are relevant to the dispute (for example, the main demand can be supplemented with the collection of the amount of debt for utilities, etc.);
List of attached papers;
Date of filing the claim. The claim must be signed by the applicant or his representative.

If the statement of claim complies with the requirements of the law, the court will, within 5 days, issue a ruling on accepting the claim and initiating a civil case. If the content of the claim does not meet the requirements, it will be returned for revision.

Attention! Look at an example of a statement of claim for the eviction of a former family member of the owner:
Belokurikha City Court
659900, Belokurikha,
st. Brothers Zhdanov, 23
Plaintiff: Ogurtsova Marfa Illarionovna,
residing at:
659900, Altai Territory, Belokurikha,
st. Martovskaya house 429
tel. 89121212122
Defendant: Ogurtsov Matvey Emelyanovich,
residing at:
659900, Altai Territory, Belokurikha,
st. Martovskaya house 429
tel. 89123456789
STATEMENT OF CLAIM FOR EVICTION OF FORMER OWNER'S FAMILY MEMBER

I, Ogurtsova Marfa Illarionovna, own housing at the address: Altai Territory, Belokurikha, st. Martovskaya, house 429. The ownership of the house belongs to me according to the purchase and sale agreement dated February 17, 2002. Besides me, my children live in this house: Ogurtsov Egor Matveevich and Ogurtsova Zhanna Matveevna.

Statement of claim for eviction of a former family member of the owner

A sample statement of claim for the eviction of a former family member of the owner of a residential premises, taking into account recent changes in legislation.

Former family members include spouses whose marriage has been dissolved, parents and adult children, and other persons with whom relationships have hopelessly deteriorated and who are no longer close.

The former family member of the owner loses the right to use the residential premises. After termination of the right to use, he is obliged to evict from the residential premises. The owner of the residential premises, if there are obstacles from a former member of his family, sets a deadline for him to evict, it is advisable to do this by delivering a written notice of eviction.

After the expiration of the period established in the claim, the owner has the right to submit claims to the court. A statement of claim for the eviction of a former family member of the owner of a residential premises is filed with the district (city) court at the defendant’s place of residence. The state duty for such a claim will be 200 rubles. Other owners of the disputed residential premises must be indicated as third parties in the claim.

The text of the application is drawn up in as much detail as possible; it is advisable to indicate all the circumstances of the move-in, the defendant’s residence in the residential premises, and the grounds for termination of family relations. In case of termination of marriage, a certificate of divorce must be attached. Other cases detail why the defendant became a former family member.

In _______________________________ (name of the court) Plaintiff: __________________________ (full name, address) Defendant: _________________________________ (full name, address) Third party: _____________________

(full name, address)

Statement of claim

on the eviction of a former family member of the owner of a residential premises

In addition to me, _________ live in the disputed residential premises (indicate the full names of all persons living in the apartment).

The defendant was moved into the residential premises at _________ (address of the residential premises) as a member of my family “___”_________ ____, since _________ (indicate the reasons for considering the defendant a member of the family of the owner of the residential premises).

“___”_________ ____ family relations between me and the defendant have been terminated, maintaining family relations in the future is impossible _________ (indicate the reasons and grounds for termination of family relations).

I warned the defendant that I needed the living space for my personal use, and handed him a written claim that set a deadline for eviction. However, the defendant did not voluntarily move out within the prescribed period; there are no valid reasons for further residence.

In accordance with Article 35 of the Housing Code of the Russian Federation, if a citizen’s right to use residential premises is terminated on the grounds provided for by the Housing Code of the Russian Federation, other federal laws, an agreement, or on the basis of a court decision, this citizen is obliged to vacate the corresponding residential premises (stop using it). If this citizen does not vacate the said residential premises within the time period established by the owner of the relevant residential premises, he is subject to eviction at the request of the owner based on a court decision.

Witnesses can confirm the fact of termination of family relations with the defendant: _________ (full full name, home address of witnesses).
Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,
Ask:

Evict _________ (full name of the defendant) from the residential premises at the address: _________ (indicate the full address of the residential premises).

Petition:

I request that the following be summoned to the court hearing as witnesses:

_________ (full full name, home address of the witness);
_________ (full full name, home address of the witness).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Documents confirming ownership of residential premises
Documents confirming family relations with the defendant (marriage certificate, birth certificate)
Documents confirming the termination of family relations with the defendant (divorce certificate)
Written notice of eviction with confirmation of delivery

Date of application “___”_________ ____ Signature of the plaintiff _______
Download a sample application:
Statement of claim for eviction of a former family member of the owner

Statement of claim for eviction of a former family member of the owner

A sample statement of claim for the eviction of a former family member of the owner of a residential premises is posted on the website of the Khimki City Court of the Moscow Region.
Some comments on the question of how to correctly draw up a statement of claim to the court for the owner to evict a former family member from the residential premises:
How to evict from a residential premises?

Who is the owner's family member, making that family member a former owner's family member?
Grounds and conditions for eviction of a citizen?
How to evict a former spouse, child, grandchild, and other relatives living in the owner’s apartment?
In what cases and under what circumstances will the court refuse to evict a former family member of the owner and retain his right to use the residential premises for a certain period?

For answers to these and other questions, see the publications “Eviction of former family members of the owner from an apartment,” as well as examples from judicial practice: “Eviction of former family members from a residential premises by the owner. Arbitrage practice".

State duty when going to court . In accordance with the provisions of Article 333.19. According to the Tax Code of the Russian Federation, when a citizen applies to court with a claim for eviction, a state fee of 300 rubles is payable. If the plaintiff is an organization (legal entity), the state duty will be 6,000 rubles;

A claim for eviction from a residential premises is filed with the district court;
Request for termination of the right of use . It would also be useful to state a demand for termination of the right of use, for example:
“recognize the full name as having lost the right to use residential premises... terminate the right to use the full name and residential premises...”
If the court establishes the fact of termination of family relations, but refuses to evict, retaining the right to use the housing for the defendant for a certain period, it will satisfy the requirement to terminate the permanent right of use.

Calling witnesses . It is not at all necessary to file a motion to call the plaintiff’s witnesses; you need to ensure the appearance of the witnesses yourself. The court is not obliged to ensure the attendance of witnesses. In the event that witnesses do not appear in court when summoned, only the plaintiff will experience negative consequences; there will be no consequences for the witnesses themselves.

Confirmation of the right by an extract from the Unified State Register.

How to evict former family members of the owner of a residential premises: main stages + statement of claim for eviction of a former family member from the apartment

Apartment relations are an integral part of the legal sphere and are regulated by Housing legislation. They are inextricably linked with the family sphere. When this relationship ends, the owner's former family member may need to be evicted .

Very often, people living together may at one point want to separate. The housing/housing issue may become acute.

To resolve this problem, a mandatory knowledge of the basics of participation in court, as well as the legislative framework of the Russian Federation, is required. In addition, it would be useful to have information on how to file an eviction claim.

Owner's family members and former members

Initially, you should have a good understanding of marital relationships and their rights to property. To do this, you need to understand in detail who is and under what circumstances become former members upon termination of family relationships.

The designation of the members of the owner’s family is illuminated by the LCD, where four main groups are distinguished:

Close relatives are people living with the owner of the apartment: his spouse, children, father and mother.
The law also classifies family members as relatives of the owner, regardless of the degree of kinship, whom the latter has moved in with the rights of family members.
The third option for relationships between loved ones, provided for by law, is cohabitation with disabled dependents, who automatically fall under the category of family members.
An exceptional option: persons who are not actually direct relatives can also be classified as a family. In this particular version, long-term living in a civil marriage is implied.

An important factor is the common use of housing, while the rights of people living in a family are equated to the rights of the owner, unless otherwise determined by agreement between them (clause 2 of article 31 of the Housing Code of the Russian Federation).

The grounds for loss of status of family members may be factual or legal.
Legal grounds include direct relationships whose ties have ceased for the following reasons: official divorce by the registry office, the court, recognition of the marriage as invalid.
As a result of such actions, one of the parties ceases to be part of the family and must leave the place of residence.
Factual circumstances include domestic disagreements among people living in the same place.
These include:

disagreement to run a joint household;
disagreements;
lack of a joint budget or living arrangements for organizing living conditions;
departure/moving to another permanent place of residence.

To run a common household, you need to have an agreement or present this fact in conjunction with others. Otherwise, this fact will not be considered a valid reason for depriving the status of being part of the family.

Grounds for eviction of a family member of the previous owner and the rights of the owner of a residential premises

Clause 4 of Article 31 of the Housing Code of the Russian Federation is the main condition for the eviction of a former family member. The opportunity to use the presented housing is lost. However, it is impossible to evict a spouse before the actual divorce. The procedure requires the participation of the prosecutor when considering the case (Civil Procedure Code of the Russian Federation, Article 45, paragraph 3).

To revoke the status of being part of a family, a court decision is required. The owner does not have the right to independently expel a person who has ceased to be a family member.

He can exercise the right of ownership, dispose of the property in accordance with its purpose (residence, if the property belongs to the housing stock), and uses it in accordance with the requirements of the Housing Code of the Russian Federation (Article 30, paragraph 1).

In addition, Article 30 of the Housing Code of the Russian Federation provides for the right of the owner to determine who will live in a given premises.

Eviction of the owner's family members

When the former spouse of the owner of the residential premises does not vacate him in accordance with paragraph 4 of Article 31 of the Housing Code, the owner can file a lawsuit demanding immediate eviction.

To do this, you will need to present to the court exhaustive arguments that will help make a decision in favor of the owner, which is provided for in paragraph 5 of Art. 198 Code of Civil Procedure of the Russian Federation.

Whether or not the claim is satisfied also depends on the defendant. The latter has every right to file a counterclaim. Based on the facts provided, the court will make an appropriate decision.

When going to court, it is necessary to take into account factors such as privatization, since the conditions provided for in paragraphs 2 and 4 of Art. 69 of the RF Housing Code may cancel this opportunity.

If the court has made a decision to resettle one of the residents, they are given a certain period of time to move.

The Housing Code provides in Art. 35 paragraph 1 and art. 31. clause 5, his right to use the premises is terminated, and he must leave the housing within a specified period of time.

Children

The 2005 edition of the RF Housing Code provides for the resettlement of all persons who cease to be family members. Oddly enough, this also extended to minors.

The eviction of children by the owner of a residential premises cannot be carried out according to the new versions of the legislation, or rather the amendments of 2009. Guided by the rights to protect the interests of the child, eviction can be avoided.

Grandchildren

When the question is about grandchildren who want to be evicted, the matter will depend directly on several factors:

age – minor grandchildren cannot be evicted, since this would be a violation of the rights of the child (RF IC Article 56);
circumstances – reason for eviction, situation with privatization;
existence of a contract - signing an agreement for cohabitation.

If the grandchildren are already adults, then Art. 35 Housing Code of the Russian Federation. After the court hearing, the decision may well be on the owner’s side.

Moreover, a person who is no longer a family member will have to leave the premises within a time frame specified by the owner.

Therefore, the judicial eviction of the grandchildren of the owner of the residential premises is quite feasible, although there are many factors for making a court decision in favor of the apartment owner.

When cohabiting

An exceptional relationship option is civil marriage. Then the person has the opportunity to be called a family member, and the eviction of a common-law spouse (cohabitant) can cause some trouble.

The Housing Committee considers him a member of this unit of society and, in order to obtain satisfaction of the request, the court will be guided by the law.

To carry out the eviction procedure, it will be necessary to take into account such factors as the legality of his residence in the living space, and in addition, the legal regime of housing. In this variation, the owner can submit documents to the court stating that the cohabitant is not related to this property. In this way, claims to parts of the owner's property can be avoided.

You need to be prepared for the fact that the court will be guided by Article 31 of the RF Housing Code, which may serve in favor of the cohabitant. These types of cases are reviewed on a case-by-case basis, and the decision will depend on the evidence provided.

Former family members who cannot be evicted

The legislation of the Russian Federation also provides for cases when the severance of family ties does not serve as a basis for termination of residence in housing.

The category of those who cannot be evicted even after losing their status includes:

spouses with whom this property was acquired;
the shares were not distributed in court;
there was no division of property.

Both parties have the opportunity to file a claim to allocate a portion to both equally. The court has the right to evict the non-owner only after providing him (her) with a new place to live or paying half the cost of the jointly acquired property.

Retention of the right to use residential premises

The court may well rule in favor of the non-owner; in particular, temporary permission to stay in the owner’s house is allowed in some situations:

when the defendants do not have their own property;
cannot use other rental housing;
there is no legal contract for the purchase of a new habitat;
disability of the defendant;
job loss;
other noteworthy circumstances.

The length of residence is entirely determined by the court.

Judicial practice of eviction of a former family member

Example:

The crux of the matter: I.M. Petrov has personal living space. For a certain period he lived with his wife in an unofficial marriage. At the time of the trial, the relationship was no longer maintained, and the woman refused to move out. She is guided by the lack of another place to live. An eviction order is required.

Court: Guided by the Housing Code, namely Art. 31 clause 1. Due to the fact that many citizens live together without registering a relationship, but also have children and raise them. It would be, at a minimum, unfair to deprive common-law spouses of protection during a breakup.

The dissolution of family relations between such cohabitants cannot be taken as grounds for eviction of a former common-law wife. The court undertakes to analyze the possibilities for securing the right to use the disputed living space to the former family member.

Stages of enforcement proceedings and eviction by bailiffs

The court verdict serves as the basis for enforcement proceedings in the eviction process. Only bailiffs have the right to enforce a court decision, guided by Federal Law No. 229 “On Enforcement Proceedings”. The FSSP service can only use legal methods in the process of implementing the resolution.

Enforcement proceedings are a labor-intensive procedure that also includes paperwork. To implement the decree, several steps must be completed.

The defendant is given the opportunity to leave the premises on his own within five days. If this does not happen, a forced eviction to the street is carried out (Article 107 of Federal Law No. 229 “On Enforcement Proceedings.”).

Stage 1. Application to the bailiffs

The FSSP service receives a writ of execution upon completion of civil court proceedings (Article 30 of Federal Law No. 229). The applicant personally provides it to the bailiffs at the court office, who will carry out the eviction procedure.

When the plaintiff does not very well understand the system of interaction with the FSSP service, he has every right to convey the verdict to the chief bailiff. The latter must forward the decision to the management of the territorial body. The period for completing this task is no more than 5 days.

Provided that the applicant has not independently collected the writ of execution within a period of three months, the court sends it to the relevant authorities to put the sentence into effect.

Stage 2. Initiation of enforcement proceedings

The bailiff, guided by Art. 24 Federal Law No. 229 undertakes to inform the defendant about the initiation of enforcement proceedings.

The defendant is also given notice of the voluntary compliance with the court decision. The personal signature of the defendant on the specified document is mandatory.

The bailiff controls the process of execution/non-execution of the court decision. If it is ignored, the FSSP begins a forced ejection.

Stage 3. Notice to the defendant

The bailiff is guided by legal facts when executing a court decision, since timely execution is his main task. The work is determined by Federal Law No. 229 “On Enforcement Proceedings”.

The bailiff has such powers as calling the parties to the IP, requesting the necessary data within the IP, entering the premises occupied by the defendant, and establishing rules.

According to the document in hand, the bailiff provides an eviction certificate.

Stage 4. Direct eviction

According to Art. 36 clause 1 of Federal Law No. 229, the bailiff sets the deadline for execution at two calendar months. In each specific case, the deadlines are set individually, but the requirements must be fulfilled within the specified time period.

Presentation of immediate execution is also provided. As a result, the former family member must comply with the decree no later than on the first working day after receiving the writ of execution.

Next, the defendant’s property is loaded and transported to the specified location.

The final stage of enforcement proceedings is its completion. In this case, a special resolution is issued, which marks the end of the enforcement proceedings.

Eviction Tips

When a situation arises that requires the removal of a person who is no longer a family member, the basic legal framework should be taken into account. To make the procedure more effective, you should adhere to the following recommendations:

Consult with an experienced professional in these areas regarding your specific case.
Check the basic facts that support your ownership of the living space.
Collect the necessary documents and certificates that can prove your relationship to the plaintiff’s family.
Follow the legal framework.
Be careful when preparing all documents.

If your goal is to evict a former family member, you can download a claim form that meets all the requirements on our portal.

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Statement of claim for eviction of a former family member of the owner

A sample statement of claim for the eviction of a former family member of the owner of a residential premises, taking into account recent changes in legislation.
Former family members include spouses whose marriage has been dissolved, parents and adult children, and other persons with whom relationships have hopelessly deteriorated and who are no longer close.

Other owners of the disputed residential premises must be indicated as third parties in the claim.

In case of termination of marriage, a certificate of divorce must be attached. Other cases detail why the defendant became a former family member.

In _______________________________
(name of the court)
Plaintiff: __________________________
(full name, address)
Defendant: _________________________________
(full name, address)
Third party: _____________________

(full name, address)

I am the owner of a residential property located at the address: _________ (indicate the full address, including region, city, district, street, house and apartment number).
The ownership of the specified residential premises belongs to me on the basis of _________ (indicate the document confirming the ownership of the residential premises, its full details, date, number). In addition to me, _________ live in the disputed residential premises (indicate the full names of all persons living in the apartment).
The defendant was moved into the residential premises at _________ (address of the residential premises) as a member of my family “___”_________ ____, since _________ (indicate the reasons for considering the defendant a member of the family of the owner of the residential premises).
“___”_________ ____ family relations between me and the defendant have been terminated, maintaining family relations in the future is impossible _________ (indicate the reasons and grounds for termination of family relations).
I warned the defendant that I needed the living space for my personal use, and handed him a written claim that set a deadline for eviction.
However, the defendant did not voluntarily move out within the prescribed period; there are no valid reasons for further residence. In accordance with Article 35 of the Housing Code of the Russian Federation, if a citizen’s right to use residential premises is terminated on the grounds provided for by the Housing Code of the Russian Federation, other federal laws, an agreement, or on the basis of a court decision, this citizen is obliged to vacate the corresponding residential premises (stop using it).
If this citizen does not vacate the said residential premises within the time period established by the owner of the relevant residential premises, he is subject to eviction at the request of the owner based on a court decision. Witnesses can confirm the fact of termination of family relations with the defendant: _________ (full full name, home address of witnesses).

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Ask:

Evict _________ (full name of the defendant) from the residential premises at the address: _________ (indicate the full address of the residential premises).

Petition:

I request that the following be summoned to the court hearing as witnesses:

_________ (full full name, home address of the witness);
_________ (full full name, home address of the witness).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Documents confirming ownership of residential premises
Documents confirming family relations with the defendant (marriage certificate, birth certificate)
Documents confirming the termination of family relations with the defendant (divorce certificate)
Written notice of eviction with confirmation of delivery

Date of application “___”_________ ____ Signature of the plaintiff _______

Download sample:

Statement of claim for eviction of a former family member of the owner

A sample statement of claim for the eviction of a former family member of the owner, taking into account the latest changes in the legislation of the Russian Federation.

Today, more and more often there are cases when the joint use of residential premises by persons who previously lived in it becomes impossible due to the termination of family and kinship relations between them. As a result, the only solution to the problem is separation, which, in most cases, the former members of the owner’s family do not voluntarily agree to.

An apartment owner's application to court for eviction is a forced measure that allows a former family member to be forcibly evicted from the premises.

The procedure for eviction of persons who have lost close ties with the owner of the property is provided for in Part 4 of Art. 31 of the Housing Code of the Russian Federation.

Before filing a claim, it is recommended to notify the defendant of the claim in writing with a request to vacate the owner’s apartment.

When drawing up a claim for eviction, it is necessary to indicate in as much detail as possible in the statement of claim all the circumstances in connection with which the owner had the need to evict the former family member.

So, if the owner of an apartment needs to evict an ex-husband or wife from it, the termination of family relations must be confirmed by attaching a certificate of divorce to the statement of claim.

It would also be useful to request in the statement of claim to involve witnesses in the case who may have the information necessary for the court to make a decision.

Consideration of cases of eviction of former family members of the owner takes place in district courts, therefore the statement of claim must be filed precisely in the district court at the place of residence of the defendant.

When drawing up a statement of claim, it is also necessary to indicate in it third parties, which will be persons also living in the residential premises owned by the owner.

A mandatory condition for accepting such a claim for consideration is the payment by the applicant of the state fee. The state duty for this category of cases is 200 rubles, and a receipt for its payment is attached to the statement of claim.

IN __________________________________
(name of district court)
Plaintiff: ______________________________
(full name of the plaintiff, residential address, contact details)
Respondent: ___________________________
(full name of the defendant, residential address, contact details)
Third parties: _________________________
_________________________
(full name, residential address, contact details)
Statement of claim
on the eviction of a former family member of the owner

I _______________ (full name of the plaintiff) owns, by right of ownership No.___ dated ___ _____________ ___ certificate of ownership, a residential premises located at ___________________ (indicate the full address of the residential premises).

__ __________ ___ (indicate the date of move-in) the defendant was moved by me into the above-mentioned residential premises as a member of my family, since at the time of move-in the defendant and I were in _______________ (marriage/family/personal) relationships, as well as _________________ (indicate circumstances confirming close family relationship with the defendant).

On __ __________ __ (indicate the date of termination of family relations), family relations between me and the defendant were actually terminated, and I consider their further renewal impossible due to ______________ (indicate the reasons for the impossibility of resuming family relations).

__ __________ __ (date of delivery of the claim to the defendant) I handed the defendant a claim with a request to vacate the residential premises belonging to me. The defendant was familiarized with the claim, but refused to vacate the premises. The fact that I served the claim on the defendant and the actual termination of family relations can be confirmed by witnesses.

Based on the above and guided by the norms of Part 4 of Art. 35 LC RF, Art. 35 of the Housing Code of the Russian Federation, as well as Art. 131 and 132 of the Code of Civil Procedure of the Russian Federation,

Ask:

1. Evict the defendant __________ (full name of the defendant) from the residential premises I own, located at ___________________ (indicate the full address of the residential premises).