Can an apartment owner sign out a registered relative?

In life, there are conflict situations related to the property relations between the owner and the residents of the apartment. Otherwise, you need to quickly change your place of registration due to moving. People often wonder whether the owner of an apartment can write out a registered relative. To do this, you need to refer to the current legislation.

What is registration?

Nowadays, the traditional term “registration” is not used. To replace it, a new term has been introduced – registration.

There are 2 types of registration:

It is necessary to register in order to fully be able to exercise civil rights. You also need to register in order to register: this allows the state to maintain an operational register of data on migration policy for more accurate forecasting of regional development.

The Constitution of the Russian Federation and Art. 1 and 3 of Federal Law No. 5232-1 lay down the basic principles: free movement of people around the country without any external restrictions from the authorities, unless otherwise provided by law. In this case, any person is obliged to notify the supervisory authority about his location - register with the MFC “My Documents”, the Migration Service - the Ministry of Internal Affairs or with the housing department.

Registration

Important! Only the owner of the property can register persons in his apartment, incl. through a trusted person. There are no restrictions on subscription: you can register as many people as you like at the same time.

But at the same time, all people must live in the apartment, otherwise the registration will be accepted in accordance with Art. 322 clause 2 of the Criminal Code of the Russian Federation with fictitious registration, for which you can receive a fine of more than 100 thousand rubles.

, as well as the actual term of imprisonment.

How to check out of an apartment and register at a different address?

Can a citizen of the Russian Federation be deprived of Russian citizenship?

People ask themselves the question of how to cancel their registration when moving to Moscow or another city, or when receiving an apartment from a landlord for temporary use. Extract and registration are carried out at the location of the property. Thus, it is necessary to submit 2 applications: the first - to the passport office at the previous place of residence, the second - to the new place.

A young couple has moved to a new permanent residence and wants to register

The fastest way to be discharged and registered in 2018 consists of the following steps:

1. Come to the passport office - FMS and submit an application using the form that will be issued by the desk staff.
2. Fill out a package of documents - a sheet of departure, statistics, which will indicate the address where the citizen is going to check out.
3. Hand over the papers and original passport to the FMS employee. For minor children under 14 years of age, a birth certificate must be provided instead of a passport.
4. Wait for information about the deadlines for issuing documents and extracts.

Note! Typically, the period during which one citizen will be discharged is 3-5 working days.

After receiving the mark in your passport, you can start registering for a new place of residence:

1. Appear at the Federal Migration Service at the desired place of registration, provide the closing package of documents from the previous passport office, as well as consent from the owner of the new house.
2. Complete the documentation.
3. Hand over all the papers to the FMS employee and wait for notification of receiving a new registration. The service delivery time is on average 3 working days.

Important! For those who want to find out how much the state fee for extract and registration costs, good news: the service is free. You can register as many times as you like: such actions are not prohibited by law.

What documents are needed for registration and deregistration?

Papers

In order to change your place of registration, you will need to prepare the following package of official documentation:

• Application in the prescribed form. An application for a child must be submitted on behalf of an official representative. By law, these are parents and guardians of persons under 14 years of age. From the age of 14, a citizen can submit an application independently;
• Identity card: Russian passport, certificate for minors;
• Departure sheet;
• In case of leaving abroad - a sheet of statistical departure from the country;
• Document on the purchase of the apartment (if available);
• Lease agreement for new housing (if available);
• Book (house book) for owners of a private house.

Important! You can submit documents for registration through a special section of the government services website. This will save time.

Can an apartment owner sign out a registered relative?

The question of how an owner can remove a registered person from an apartment is extremely relevant for those people who do not want to pay extra money for a registered person. When selling an apartment with unregistered people, bureaucratic delays arise.

Property dispute

The right of the apartment owner to discharge a registered tenant without obtaining his consent arises on the following grounds:

• long absence of a person in the apartment. A nuance: the tenant must have another property where he can register and obtain a residence permit;
• divorce - a spouse who is not the owner of the property loses the right to it only if the property was purchased by the spouse before marriage. You need to refer to Part 4 of Article 31 of the RF Housing Code;
• if the person’s registration was carried out after privatization, i.e. after 1992. Persons under 18 years of age cannot be discharged unless it is proven that the child has property that either corresponds to the size and quality of the applicant’s apartment, or is the best according to all criteria (primarily we are talking about m2 per 1 resident and living conditions);
• deprived of the rights of a parent, if the son or daughter, by court decision, should no longer be in the same territory;
• The easiest option is to discharge a person from a non-privatized apartment - it is enough to prove the fact that he violated public order, damaged property, etc. This will require testimony from witnesses, who may be the applicant's neighbors.

What should you do if you have difficulties checking out your relatives, ex-spouses or cohabitants from your apartment?

Many people wonder how to start a trial correctly.

The mechanism for applying to court to discharge a tenant is as follows:

1. File a claim in the district court. The claim specifies detailed reasons for the person's removal from the apartment, as well as the intent. It is recommended to use the services of a qualified lawyer to correctly fill out this paper.
2. Submit to the court the maximum possible number of supporting documents: property rights, lease agreement, unpaid bills, passport with a divorce mark, etc. It is necessary to prove the illegality of the tenant’s actions, which will serve as the basis for his eviction.
3. Appear at the court hearing. The most unpleasant situation for the owner is when the ex-spouse or tenant has no other property. In this case, it will not be possible to write it out. The court may oblige the owner to provide the defendant with another apartment, or postpone the decision until the tenant purchases the property. Such litigation drags on for years.

Important! You need to use the data of Russian Federation Law No. 5241-1, Part 4 of Article 31 of the Housing Code of Russia, the norms of Article 304 of the Civil Code and Art. 35 LCD of the Russian Federation.

When will it be impossible to discharge an unwanted tenant?

It will not be possible to discharge parents who were registered in the apartment before privatization in accordance with Art. 31 Housing Code of the Russian Federation. This is especially true for pensioners and labor veterans: they will not be able to win the case.

Interesting fact! If relatives were registered in the apartment before privatization, then after the resale of the property to the new owner they have legal grounds to use the housing. This fact significantly complicates the sale of an apartment, but the law is the law. You will have to resort to long negotiations with relatives.

Problems with the discharge of roommates

Problems may also arise when deregistering a person serving a sentence in prison. He will remain a legal user of the property even after the owner goes to court to deprive him of his rights to the property.

After being released, such a person can easily challenge a court decision to remove him from the register, especially if he has no means of subsistence or other housing. Unpleasant situations may arise when reselling an apartment without his consent.

In this case, the law is not on the side of the owner.

To avoid controversial issues with property, you need to think very carefully about which persons to register in the apartment and which not. It is recommended to resolve conflicts out of court. But if life circumstances force you to go to court, you need to collect as much evidence as possible that you are right and attract witnesses.

Can an apartment owner expel a relative in 2023?

Reading time: 7 minutes

The housing issue and everything connected with it still remains one of the most difficult, both legally and morally.

The right of ownership of housing and the preferences that its legal owner receives give him a wide range of powers, in particular, the ability to independently decide who can live in his living space and who cannot.

The law determines not only the rights of the owner of the property and registered persons, but also whether the owner of the apartment can register a registered relative.

How to check out of housing

A citizen of the Russian Federation can change the registration address at his own request and forcibly. You can voluntarily check out of your apartment as follows:

1. Collect the necessary documents.
2. Contact the Migration Department of the Ministry of Internal Affairs or the State Budgetary Institution “My Documents” (formerly MFC).
3. Fill out the application form No. 6.
4. Provide written consent from the owner of the new home if the extract and registration coincide in time.
5. Submit the package of documents for processing.
6. Visit the migration office and get your passport stamped.

Find out in more detail why there is a need to quickly change your registration and how to check out of your living space.

Forced deregistration can be carried out at the initiative of the owner on the basis of Article 30 of the Housing Code of the Russian Federation, which assigns to him the right of ownership and provision/non-provision of housing belonging to him for use.

Only family members of the owner have the unconditional right to use the apartment.

In other cases, the law determines what is needed to expel a stranger from an apartment that does not belong to him and the owner of which he is not closely related to.

Eviction of a person without his presence

• Discharge of a person from the apartment in his absence is possible with his own written consent, sent by mail, and on the basis of an application from an authorized person with a notarized power of attorney.
• A separate basis for discharging a person without his personal presence is a court decision made based on the results of consideration of the claim.
• Evidence will be required if you need to evict a person in his absence due to:

• loss of the landlord's right to use housing at his own discretion;
• serving a sentence for a criminal offense;
• declaring him missing. There is a special algorithm for how to recognize a person as such, and then how to discharge a missing person;
• death confirmed by a certificate from the competent authorities or other similar document;
• conscription for compulsory military service in the ranks of the RF Armed Forces. Confirmation is provided by a notification to the territorial commissariat;
• antisocial behavior of those living in the apartment building;
• systematic violations of community standards and others.

Find out in what cases a power of attorney is needed to check out of an apartment.

Discharge of relatives without consent

The problem becomes the refusal of the living relative to deregister and leave the living space.

The owner has the right to expel persons registered in the apartment with whom he is related and who do not do this voluntarily, but he will not be able to do this without a court decision.

Is it possible to discharge parents?

Although, by law, the homeowner can dispose of the premises at his own discretion, he may face serious problems if he wants to remove the mother or father from his living space. This will happen if the parents do not have other housing and even live in a rented apartment.

In this case, when filing a statement of claim with a demand to remove the registration at the place of residence of the parents of the owner of the residential premises, the court may reject the claim or refuse to satisfy the plaintiff’s claims due to the lack of alternative living space for the elderly parents and the impossibility of acquiring it.

In other circumstances, a decision may be made in favor of the plaintiff. Then deregistration is carried out on the basis of this decision.

How to deregister grandparents, sisters and brothers

Close relatives, but not family members, for example, brothers and sisters, grandparents, can be discharged from the home of their relative-owner on a general basis.

You can cancel the registration and remove your registration from any of them by filing a claim in court.

In the first case, the owner can state any reasons for deregistration: non-residence in the premises, refusal to pay utilities, and so on. These claims must be supported by documentation or testimony.

Features of the discharge of former spouses

Divorce is one of the serious reasons to write a former family member out of your square footage. After receiving a certificate of termination of marriage, the owner has the full right to cancel the registration of the ex-spouse.

On the one hand, the procedure is simple - the owner submits a document confirming the fact of divorce to the FMS and discharges the ex-spouse from the apartment.

The following circumstances may complicate the process:

• the property was acquired during marriage. In this case, you first need to identify the owner of the apartment and only after that remove the spouse from registration;
• lack of other housing for the spouse. A way out of the situation may be to provide him with housing, otherwise it will be problematic to discharge the ex-spouse;
• carrying out redevelopment or major repairs. First, it is necessary to resolve the issue of ownership of such real estate in court.

Find out what documents may be required and how to expel your ex-husband from the apartment.

How to register your own children and your spouse's children

If the owner decides to expel his own children from the apartment, who have not reached the age of majority and live with the second parent after the divorce, this will be difficult to do.

Since, according to the law, the termination of a marriage between parents is not grounds for termination of the rights of minor children, it is possible to deregister a child who is under 18 years of age only in one case. The owner must provide his son/daughter with other housing that meets the established requirements and does not worsen their living conditions.

It is easier to cancel the registration of a minor child of the other spouse, since he has another parent in whose living space he can be registered. He does not have the right to the property of his mother/father’s spouse.

How to cancel the registration of spouses of children (daughters-in-law)

The easiest way is to deregister the daughter-in-law registered in the apartment - the wife of a son or brother. Divorce of marriage by law terminates family ties between husband and wife (Article 31 of the RF Housing Code). Thus, the daughter-in-law becomes a stranger to the parents and brother of her ex-husband.

The owner can write it out and terminate the previous right to use the residential premises by filing a claim in court on the basis of Art. 288 of the Civil Code of the Russian Federation, which regulates the owner’s right to dispose of property.

The grounds for discharge may be:

• daughter-in-law living in another place;
• non-payment of utilities;
• termination of family ties.

The same procedure is provided for the removal of a former son-in-law from the apartment.

Discharge of an incapacitated relative

Discharging an incapacitated person with whom the owner of the living space is related is not an easy task. It can only be resolved in court. And even going to court is not a guarantee of a positive decision on his forced discharge.

Moreover, even with the consent of the incapacitated person, the court does not always make a decision allowing the owner to do this.

The court may make a decision to discharge an incompetent citizen in cases clearly defined by law:

• his use of housing for other purposes (ground – violation of the provisions of Articles 678 and 288 of the Civil Code of the Russian Federation);
• residence of an incapacitated person in another place for more than 1 year;
• their failure to pay utility bills (Article 155 of the Housing Code of the Russian Federation), which is fraught with eviction from the residential premises after six months;
• damage to residential premises that poses a danger to third parties;
• redevelopment of residential premises that is not legally approved and not agreed upon with the relevant authorities.

The procedure for deregistration without consent through the court

In order to remove a non-owner from an apartment who does not want to do this voluntarily, you must have a resolution to remove the citizen from registration. The owner can receive such a document:

• by applying to the magistrate’s court at the location of the subject of the dispute (apartment) or residence of the plaintiff (applicant);
• by drawing up a statement (claim) indicating the reasons that, in the plaintiff’s opinion, are grounds for deregistration of a particular person;
• by attaching a receipt for payment of legal costs;
• providing documents for discharge.

The plaintiff must provide evidence of actions aimed at notifying the tenant of the intention to go to court on the issue of his forced discharge:

• receipts for payment of registered mail with a list of attachments;
• written statements of witnesses to the delivery of documents and others.

Find out more about how to discharge a person from an apartment through the court.

Rights of registered relatives who are not owners

Registration of a person related to the owner of the living space in an apartment gives him certain rights. Family members of the owner and his close relatives are:

They have the right to use the housing, like its owner, unless otherwise provided by the agreements in force between them, and can also check out of the apartment without the owner of the housing.

Other relatives are not recognized as family members, but can be considered as such if the owner of the living space has established this by allowing their registration.

If a residential premises has several owners (the property is in shared ownership), the written consent of each owner will be required to register a person in this premises.

The rights of a person who is not the owner of real estate, but is registered in it, are limited to the ability to use living space for the purpose of residence. Concluding transactions with property and registering their relatives at this address, excluding minor children, is impossible for them.

Find out what the rights of those registered in the apartment are.

The essence of testamentary refusal

Sometimes the owner becomes the owner of real estate on the basis of succession, having entered into the right of inheritance. Sometimes receiving such an inheritance may have a burden in the form of a testamentary refusal. Its essence is that the testator imposes on the heir the obligation to provide a third party with the opportunity to live in the inherited premises for a specific period or for life.

Such a citizen has the right to demand that the heir fulfill the will of the testator, therefore in most cases it is impossible to remove him from the registration register without consent.

The Housing Code defines the circumstances in which this is still possible:

• the inability of the registered person to maintain the normal condition of the home, leading to its destruction;
• use of living space for purposes other than residence;
• behavior that infringes on the legitimate interests of neighbors.

1. In such circumstances, the owner is obliged to warn the citizen about the inadmissibility of such actions, setting a time to correct the situation.
2. If positive changes do not follow, you can file a claim to evict the citizen from the apartment and to remove him from the register.

The owner, who has become such by way of succession to housing with a citizen registered in it by testamentary refusal, has the right to enter into transactions for its alienation. However, the new owner is obliged to carry out the will of the testator.

conclusions

The owner of a dwelling has the unconditional right to write out a registered relative registered in the dwelling he owns. The legal grounds for this are clause 4 of Art.

31 LC RF and Art. 288 Civil Code of the Russian Federation. Deregistration is carried out both with the consent of those registered, and compulsorily through a judicial procedure.

An important condition for discharge is the presence of compelling reasons, supported by documents.

Can the owner deregister a registered person? Homeowner's rights

Legal advice > Real estate > Can the owner write out a registered person? Homeowner's rights

The question of whether the owner can write out a registered person remains relevant for many families: if a citizen is registered in a given living space, but does not live on it, he will have to pay more for the apartment using utility bills.

In addition, in the future it will be much more difficult to sell, exchange, donate, etc., the presence of a registered tenant is an additional burden.

The housing issue remains one of the most complex and confusing, so you need to understand what the registered tenant and the owner of the property have the right to, and how relations between legal entities are ensured by law.

You can only discharge a person from an apartment after a court decision!

It is possible to discharge a person from the living space without his consent, but such an operation is carried out only by a court decision, which must take into account all the circumstances. This applies to the relationship between persons living in the apartment: marital status, age of registered residents and some other data are taken into account.

In all cases, it will be necessary to document that the person does not live in this living space or does not have the right to live, so he must be evicted or discharged.

  There are several most common cases in which the owner receives the right to expel tenants from an apartment without asking their consent:

• Absence from this living space. If the tenant has not lived in this territory for a long time, and at the same time he has other permanent housing in which he can register. You will have to prove your case; testimony from neighbors and any evidence that the person left a long time ago will help.
• Termination of family relationships. Family law has its own subtleties, however, after a divorce, if the apartment was purchased by one of the spouses before marriage, after the dissolution of the union, he may demand to write out the ex-husband or ex-wife through the court.
• During a divorce, the ex-spouse loses all rights to real estate, as do his relatives.
• If a person was registered after privatization, the owner has the right to write him out at any time. The only difficulty is that you cannot discharge minors without proving that the child has other housing of equal or larger size.
• It is possible to expel a parent if he has been deprived of parental rights and the court has decided to prohibit his cohabitation with children.
• If the housing has not been privatized, it becomes even easier to remove a tenant from it. It is necessary to provide documents confirming the fact of misuse or damage, violation of public order and the rights of neighbors, etc. The court will consider the case and decide to evict the tenant.

Difficulties in family relationships: how to discharge your ex-husband?

Situations in the event of divorce are difficult.

When resolving issues after a divorce, first of all, it becomes clear whether the apartment was privatized and who is the owner.

If the living space is registered as shared ownership, and both spouses own shares, it is impossible to write out any of them without their consent.

The owner receives the right of residence and registration, so first you will have to buy out the share, and then submit an application to the passport office.

A similar rule applies if the apartment was purchased after marriage, but one of the spouses then abandoned the share in favor of the other.

Housing in this case is recognized as joint property, and it must either be divided equally, or someone will have to pay the cost of the share. The court will also take into account the interests of children when delimiting shared disputed property.

If the second spouse is not considered the owner, and the housing was purchased by one of the spouses before marriage, after receiving a divorce certificate, it again turns into the full property of the owner.

The basis for a lawsuit will be a divorce certificate; in court you need to confirm that the apartment is your property and the ex-spouse has no rights to it.

The case may take quite a long time to be considered, especially if the other party ignores invitations to meetings, but in the end you will be able to achieve the opportunity to write out your spouse and use the property at your own discretion.

The buyer finds himself in a difficult situation if, bypassing established standards, he is sold a home in which someone is already registered.

For example, a registered relative left for another region or ended up in prison, and returned a few years later to find that the home had been sold.

In this case, the case will be heard in court: it will be necessary to prove that the person did not live in this territory for a good reason, and he has other housing.

If the court does not take your side, the transaction will be declared illegal: you will have to look for the seller and demand a refund from him.

How to protect your rights in court?

Each case must be examined separately in court

If there is a need to write out a former relative or long-absent family member, this can be done as follows:

1. A statement of claim is filed in the district court. This is a document in which you need to declare the eviction from the apartment and deregistration of a former relative, indicating the reasons for this. It’s not easy to write a competent statement if you haven’t encountered similar questions before. It is better to use the help of a professional lawyer who can choose all the necessary wording. The lawyer must first analyze the situation to outline a basic strategy.
2. A set of documents is provided to the court: a certificate of ownership of real estate, a divorce document, unpaid utility bills, etc. It is necessary to convince the court that the person does not fulfill his obligations to maintain and pay for the real estate, does not permanently reside on it and does not has ownership rights to it.
3. If both the owner and the tenant came to the meeting, the judge will make a decision after examining all the issues. Either the unwanted tenant will be discharged, or the court will retain his right to reside in the given territory. If he does not come to court at all, the case will be postponed several times. The process may take a long time, and the tenant will be on your property all this time. There are situations in which even a positive court decision will not bring the desired result.
4. If a person you don’t like has no other housing, and there is no opportunity to purchase it, he cannot be discharged “to nowhere.” The court may oblige the owner to provide the defendant with other housing for temporary use, and he must agree to new conditions. Naturally, this is not always possible, and often we have to live together for years in a disputed territory. A tragicomic situation can lead to a real “war” between once close people.
5. If a person has no other place to live, the court may offer to grant him a deferment for a certain period of time. During this time, the defendant must find a new place of residence. This also does not always allow the issue to be resolved, and the apartment may remain controversial for a long time.

Discharge of a citizen from municipal housing

It is much easier to resolve issues with non-privatized apartments

If the apartment has not been privatized, resolving the issue will be much easier. There are several reasons why a court may find a person’s continued residence in an apartment impossible:

• Use of municipal property for other purposes. If a tenant decides to convert the apartment into a store or uses it as a warehouse, neighbors can sue him and demand that he vacate the premises. Since the citizen is not the owner, but only the tenant, a decision will be made to vacate the living space.
• Public order disturbance. If the tenant drinks, is rowdy, and systematically disturbs the silence at night, then the court will decide to evict the defendant and his entire family. True, in this case there are reservations. A person should not be discharged onto the street, especially if there are minor children in the family. He should be provided with temporary housing from the reserve fund, but in most Russian cities it simply does not exist. As a result, neighbors have to tolerate the violent tenant for years, despite all police reports.
• Non-payment of utility bills. If the tenant does not pay for more than six months, the court will decide to evict. At the same time, other persons living in the same territory are not obliged to pay other people's debts.

To remove an unscrupulous tenant from an apartment, a notice is first written to the municipal authority, which must send a written warning to the tenant. After this, the neighbors file a statement of claim in the district court.

The judicial authorities will check all complaints and payment of utility bills, after which a decision will be made on eviction and deregistration.

In any difficult cases, it is better to contact a lawyer first: he will tell you what documents to collect in order to quickly prove your case.

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

It is much more difficult to discharge from an apartment a person who does not have a regular income due to health reasons or who is caring for sick children and the elderly.

The court considers each case individually, and the decision is not always made in favor of the applicant. Housing issues have always been very complex and the court must first study the case comprehensively before making a decision. In this case, not only the articles of the codes are taken into account, but also the principles of humanity.

  Thus, the owner can remove an unwanted tenant from his territory if he can prove that he has no rights to the occupied living space, and also confirm that he has other housing.

You can learn how to check out of an apartment by court decision from the video:

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Can an apartment owner sign out a registered relative?

There are often situations in which deregistration of a former spouse, parent or child, or other relative is required. This procedure often causes a lot of trouble.

Relatives who are not discharged in a timely manner prevent transactions with real estate if it is planned to be sold or rented out.

So can the owner of the apartment deregister a registered relative? You can discharge a person without his consent through the court, but with some nuances, which will be discussed in this article.

Can a mother expel an adult son or daughter from an apartment without his/her consent?

As soon as a son or daughter reaches the age of 18, they lose the status of minors, becoming independent participants in civil proceedings, which means they can act as a defendant in court.

Discharge without the consent of an adult child is possible if:

• the son/daughter has his own living space;
• he does not pay utility bills;
• antisocial behavior will be proven: damage to property, use of alcohol or drugs, which harms family members or neighbors (read how to discharge a person from an apartment who does not pay here).

To force a person to be removed from municipal property, even if he is a natural child, a claim must be filed in court.

Parents collect the following documentation:

• an extract from the house register, which identifies everyone registered in the living space;
• social tenancy agreement (if the apartment is municipal);
• unpaid receipts for the last year or for the period when the person stopped making payments (if the reason for the statement is non-payment of utilities).

To discharge a relative without his consent, it will be necessary to collect evidence from neighbors that he:

• does not live in the apartment for a long time;
• breaks the silence;
• leads an antisocial lifestyle.

To prove that an adult child does not live at the registration address, you can get a certificate from the clinic or post office that over the past few months (depending on the period of residence at another address) he has not been observed at the clinic and has not received mail. You can find out whether parcels have been requested to be redirected to another address.

Next, a statement of claim is drawn up in the district court at the place of residence of the parents and child for recognition of the loss of the right to use residential premises and deregistration of the person for the reasons indicated in the claim.

In practice, the court's decision will be on the side of the parents. It is necessary to enlist the support of experienced lawyers to defend your position in court. Since if there is insufficient evidence or a short period of residence at a different address, legal proceedings may end in nothing.

Can the son of the apartment owner expel his mother or father?

If a parent decides to voluntarily discharge, then there is no need to search for a reason, since registration at the place of residence is only a notification to government agencies that a person lives in a certain place. To check out, just visit the passport office to fill out the necessary documents and deregister.

But, if the parents have not given permission to cancel the registration, it will be difficult to check out of the apartment without the consent of the non-owner (parent).

It is one thing to remove a person from his own property, and another thing from his municipal property. When the apartment is owned, the right of registration or deregistration remains with the owner. An exception is the situation with the discharge of a disabled, incompetent parent and with property related to shared ownership.

https://www.youtube.com/watch?v=y_3NYKgsueM

If the apartment is not privatized, the parent can be discharged without consent only through the court.

To evict a mother or father, you need strong arguments:

• no payment for housing, accumulated debts;
• the parent does not actually live at the address;
• there is other real estate that is not used for direct purposes;
• mother or father caused damage to the apartment or house;
• constant violation of the rights and peace of nearby residents.

Can I expel my husband from the apartment without his consent?

When the family relationship between spouses ends, problems may arise with the issue of eviction.

The possibility of a husband or wife being discharged is influenced by the moment of purchase of housing:

1. The property was acquired during marriage;
2. The property belongs only to the wife and/or her relatives.

If the acquisition of property was carried out after the relationship was legalized, then it will be a little difficult to write out the husband. This is explained by the fact that real estate acquired during an official marriage is legally classified as jointly acquired property. In this case, the spouse will have equal rights to the disputed apartment.

You can get out of this situation under such conditions:

• voluntary discharge from the spouse’s home;
• alienation of a shared apartment in favor of the spouse (upon sale, gift);
• voluntary division of property (with the conclusion of a notarial agreement on the division of property);
• discharge from the apartment by court decision.

If the housing belongs to the owner (spouse) or her parents, and then a spouse was registered in it, he will not have full rights to the property either before or after the marriage. But the right to reside in this living space will remain.

If there is a controversial situation and there is no voluntary desire for discharge, these issues must be resolved in court. In this case, the spouse must present at least one compelling piece of evidence as to why the person’s forced discharge is required.

The court makes a positive decision if the spouse violates the rules of behavior when living in residential property, has problems with the use of drugs or alcoholic beverages, which harms and limits the presence of relatives in the apartment.

Another important point is that there is no fact of residence at the address, as evidenced by witness statements. After taking into account all the circumstances, the court makes a decision to discharge the husband from the apartment or house.

The wife should know that registration in residential property does not give full rights to the property. The spouse can only live in this apartment, but he cannot dispose of it.

Where should I contact?

There are several government agencies where a citizen is deregistered. But only one resolves issues regarding registration and withdrawal. Citizens solve problems with the discharge of relatives with the help of the Main Migration Directorate of the Ministry of Internal Affairs of the Russian Federation. This organization replaced the Federal Migration Service.

How can an apartment owner sign out a registered relative?

Cancellation of registration in privatized housing occurs in cases where:

• Family relationships have been terminated. For example, divorce, deprivation of parental rights;
• Separate life with a budget;
• A person refuses to pay utility bills;
• A relative, by his behavior, interferes with the lives of other family members or deliberately damages property;
• The relative has other residential property.

The extract is refused in cases where:

• the person is a minor;
• the relative is the heir of this home;
• the relative has the right to lifelong maintenance or is a dependent.

Appeal to the court

Legal proceedings occur if a voluntary decision on discharge is not reached. This procedure in relation to a relative against the will or without knowledge is not considered simple. Age, health status, status in the family, and the presence of a stable salary play a big role. These nuances are taken into account by the court, and may prevent the person from being removed from the living space.

Before filing a lawsuit, personal factors should also be taken into account: future relationships between relatives. Therefore, in order for the proceedings not to drag on for several years, they resort to dividing property in the form of an exchange - the apartment is divided into parts or other housing is purchased, etc.

Documentation

To deregister you will need:

• Passport details of each family member.
• Title documentation for property (donation agreement, inheritance agreement, purchase and sale agreement).
• A copy of the certificate of the composition of residents.
• Extract from the house register.
• Personal account for an apartment or house.
• The fact that the person being discharged has been declared missing (if any).
• Papers and testimony confirming unacceptable behavior of the relative who is being evicted (if available). Neighbors must sign the deed with their own hands.
• Statement of claim.

How to make an application?

The statement of claim states:

• Name of the authorized body;
• Personal information of the plaintiff including address;
• Personal information of the defendant including address;
• Information from an official who confirms the existence of grounds for the discharge - for example, an employee of the Federal Migration Service.

Discharge of a relative without consent is only possible through the court.

The text of the application must contain the reason why the relative’s discharge is required, as well as the listed regulations. The request for an extract must be formulated briefly. A number of attached documentation is listed. Finally, the full name, date and signature are indicated.

Also, when drawing up a statement of claim, you need to draw the court’s attention to the fact that in the event of cancellation of registration, the relative has another living space of his own or provided by the owner.

It is prohibited to discharge minor citizens if their living conditions further deteriorate.

Further action steps are the same regardless of who is being discharged from the apartment or house.

Procedure

The first stage is pre-trial settlement. To begin with, you can agree with the person on voluntary discharge. After the refusal, you must contact the owners - to the municipality (if the housing is municipal), or immediately to the court (if the apartment is privatized). To do this, evidence of violations of the rules of residence by one of the family members is presented.

The mayor's office issues an order to the violator with requirements to eliminate the violations. There must be at least two of them. If violations continue, you can file a claim with the magistrates' court or the first instance authority at your place of registration.

The next step is drawing up a statement of claim. This appeal must provide complete information regarding the reasons for the discharge of relatives.

As an integral part of the statement of claim, you must attach copies of documents that indicate both the rights to real estate and the facts that are direct grounds for canceling registration. Finally, there must be a request from the authorized body to cancel the registration of the defendant - relative.

The last stage is to file a claim in court. It is also necessary to pay a state fee of 200 rubles. The court is obliged to accept the statement of claim for consideration no later than five working days. And the decision itself is made within a month.

Additional information about the procedure for deregistering a relative or any other registered person in this video:

Discharging a family member without his consent and without a peaceful resolution of the issue seems simple. But this issue has its pitfalls, which are almost impossible to avoid unless you contact a qualified lawyer. All costs incurred during litigation are borne by the losing party.

For additional information on this issue, please refer to the “Registration” section here.