Statement of claim for eviction of a former spouse from a residential premises (sample) 2023

• Evicting an ex-spouse is a fairly pressing issue for many residential property owners who have recently divorced their significant other.
• And this question arises only because in the overwhelming majority of cases, the former spouse of the owner of the residential premises voluntarily refuses to leave the apartment or house in which the spouses (now former) previously lived together.
• Why did I decide to write a detailed article about eviction of an ex-spouse?
• This is not only a desire to share with you my impressive experience on the topic of the article.
• The fact is that before writing the article, I spent a long time studying what was written on other legal and legal-related websites about the eviction of an ex-spouse from an apartment, and came to the conclusion that a good, detailed, high-quality article on the topic of eviction from a residential premises the former spouse is simply not on the RuNet at the moment.
• In addition, as my experience of communicating with clients shows, our citizens in the overwhelming majority of cases (97% of clients who contact me) do not distinguish between the eviction of a former spouse from an apartment and the termination of the right to use residential premises.

For them it is the same thing. However, legally, these are two completely different legal categories.

1. I will talk about the termination of the right to use the residential premises of a former spouse in a separate article, but here I will only touch upon it in passing.
2. So, the right to housing is enshrined in Part 1 of Article 40 of the Constitution of the Russian Federation, which contains a number of guarantees for its implementation, including the inviolability and inadmissibility of arbitrary deprivation of housing to citizens.
3. As stated in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation” (hereinafter referred to as the Resolution of the Plenum of the Supreme Court of the Russian Federation),

this right is recognized not only in Russia, but throughout the world, which is reflected in international legal acts, in particular in the Universal Declaration of Human Rights (Article 25), the International Covenant on Civil and Political Rights (Article 12), the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 8).

• The main legal act regulating housing legal relations in the Russian Federation is the Housing Code of the Russian Federation, which came into force on March 1, 2005.
• In terms of legal force, it ranks second after the Constitution and is in fact the foundation of all housing legislation.
• In this article:

Grounds for termination of the right to use residential premises by a former spouse

Why? Because the grounds for eviction of the former spouse arise from the grounds for termination of his right to use the residential premises.

1. So, the current housing legislation of the Russian Federation provides that the basis for the right to use the residential premises of family members of the owner of the residential premises are only family relationships.
2. Let's consider two situations.
3. Situation No. 1. The residential premises are owned by one of the spouses
4. Is the spouse a family member of the owner of the residential premises?
5. In accordance with part 1 of Art. 31 Housing Code of the Russian Federation

Members of the family of the owner of a residential premises include his spouse living together with this owner in the residential premises belonging to him

Accordingly, the ex-spouse is already a former family member of the owner of the residential premises.

Further, according to part 4 of article 31 of the Housing Code of the Russian Federation

• In the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by an agreement between the owner and the former member of his family.
• If a former family member of the owner of a residential premises has no grounds for acquiring or exercising the right to use another residential premises, and also if the property status of a former family member of the owner of a residential premises and other noteworthy circumstances do not allow him to provide himself with another residential premises, the right to use the residential premises owned by the specified owner may be retained by a former member of his family for a certain period based on a court decision.
• In this case, the court has the right to oblige the owner of the residential premises to provide other residential premises for the ex-spouse and other members of his family, in whose favor the owner fulfills alimony obligations, at their request.

1. So, you need to remember that the only legal basis for terminating the former spouse’s right to use residential premises is the termination of family relations (unless otherwise established by agreement between the owner and the former spouse).
2. The termination of family relations between spouses means the dissolution of a marriage in the civil registry office, in court, or the recognition of a marriage as invalid.
3. If a dispute arises, the issue of recognizing a person as a former family member of the owner of the residential premises is decided by the court, taking into account the specific circumstances of each case.
4. At the same time, I note that since maintaining a common household between the owner of the residential premises and the person moved into this residential premises by him is not a mandatory condition for recognizing him as a member of the family of the owner of the residential premises, then the absence of maintaining a common household between the owner of the residential premises and the specified person or termination their management of a common household, for example, by mutual agreement, cannot in itself indicate the termination of family relations with the owner of the residential premises.
5. This circumstance must be assessed in conjunction with other evidence presented by the parties to the case.

Refusal to maintain a common household of other persons with the owner of the residential premises, lack of a common budget or common household items between them and the owner, failure to provide mutual support to each other, etc.

, as well as departure to another place of residence may indicate the termination of family relations with the owner of the residential premises, but must be assessed in conjunction with other evidence presented by the parties.

Taking into account the above, the right to use the residential premises of a spouse with whom the owner has not dissolved his marriage, although family relations with him have actually been terminated, cannot be terminated on the grounds of Part 4 of Article 31 of the Housing Code of the Russian Federation.

Situation No. 2. Residential premises are provided to spouses under a social tenancy agreement.

As in the first case, the spouse is a member of the employer's family. This is indicated in Part 1 of Art. 69 Housing Code of the Russian Federation

Family members of a residential tenant under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant

In accordance with part 4 of Art. 69 Housing Code of the Russian Federation

The said citizen is independently responsible for his obligations arising from the relevant social tenancy agreement.

Thus, “by default” the former spouse’s right to use residential premises in this situation does not automatically terminate.

Circumstances that the court determines when considering a case of eviction of a former spouse

Such grounds may be:

- agreement of purchase and sale, donation of an apartment, etc.

If this basis is a privatization agreement, the court determines whether the former spouse at the time of privatization had an equal right to use this premises with the owner.

In this case, the stated claims will be resolved by the court, taking into account the provisions of Article 19 of the Federal Law of December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation”, according to which

Part 4 of Article 31 of the Housing Code of the Russian Federation does not apply to former family members of the owner of a privatized residential premises, provided that at the time of privatization of this residential premises, these persons had equal rights to use this premises with the person who privatized it, unless otherwise established by law or agreement.

• - the presence of previous family relations between the plaintiff and the defendant, the fact of termination of these relations;
• - absence of an agreement between the owner and a former member of his family on the former family member retaining the right to use the residential premises;
• - absence (presence) of a former member of the owner’s family of grounds for acquiring or exercising the right to use another residential premises;
• - the property status of the former family member of the owner of the residential premises, as well as other circumstances indicating his ability to provide himself with other residential premises.

What requirements should the plaintiff present in court?

Some owners, for example, simply declare the termination of the right to use the residential premises by their former spouse and the removal of the former spouse from the registration register.

Others add to these same requirements a requirement for eviction.

So which is correct? To answer this question, let us turn to judicial practice.

How to evict an ex-spouse: legal mechanisms and everyday subtleties

Various statistics indicate that every year in Ukraine there is an increase in divorce cases. Some sources claim that every second family gets divorced. But despite this, life goes on, and all people are in search of the ideal second half for themselves. Art. 4SK of Ukraine gives all adult citizens the right to marriage, and Art. 116 - the right to remarriage. But to create a new family, you first need to build relationships. This mission becomes significantly more complicated if your ex-other half continues to live in your house. And therefore, after a divorce, the issue of eviction from the apartment of the former spouse becomes relevant.

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So, the divorce from your spouse or the end of your marriage is already behind you, and now you are faced with a new problem - eviction from your apartment? There are cases in life when it becomes necessary to evict through the court an unwanted tenant who was a member of the homeowner’s family.

The need for eviction through the court may arise when, for example, spouses have broken off their marital relationship, but an unwanted former family member continues to live in the premises that belong to the other member and is registered there. A claim for eviction must be filed with the court only in a situation where it is impossible to evict the tenant for other reasons and grounds.

Before going to court with a claim, you should consult a lawyer, because... cases of eviction through the court belong to a complex category of court cases, and without the qualified assistance of a lawyer in this category of cases, it is not enough to just get the desired court decision on deregistration and eviction of a family member. Art.

41 of the Ukrainian Constitution guarantees the right to own private property, and also predetermines the inviolability of this right. Article 316 of the Civil Code of Ukraine determines that the right of ownership is the right of an individual to property, which he exercises of his own free will in accordance with the laws of Ukraine. Art.

379 of the Civil Code of Ukraine provides that the housing of an individual is a living space intended for permanent residence on it. Article 28 of the Civil Code of Ukraine defines such living space as an object of private property. Art.

319 indicates that the owner has the right to dispose of his property at his own discretion; in addition, the owner’s rights can be canceled or limited in accordance with the laws of Ukraine. After marriage, a person who does not own the rights to the living space acquires the right to use it. This right is guaranteed to him by Article 405 of the Civil Code of Ukraine and Article 64 of the Housing Code.

At the same time, after the divorce, this person loses his right to use the apartment, since he loses his status as a family member. Article 64 of the Housing Code stipulates that family members are the spouse, children and parents.

Also, family members can be recognized as people who live together with the owner of the property for a long period of time.

But if the marriage is dissolved, and the owner of the living space has no desire to live with his ex-other half, then there is no point in talking about him as a family member.

Analyze the judicial act: In the case of the application of the right of authority of an individual in a living accommodation, the right of ownership (residence) of the assigned members of his family is also applied (Resolution of the Supreme Court of Ukraine No. 6-158tss14)

But with all this, a legal precedent is used, since Article 165 of the Housing Code provides for the preservation of the right of an individual to use an apartment even after a break in relations.

If there is no agreement between the owner of the living space and his former family member on the free use of the apartment, then in this case the rules and regulations established by Article 162 of the Housing Code apply.

This article provides for the need for the apartment owner to conclude a rental agreement. But this contradicts the fundamentals of civil law, which are provided for in Article 3 of the Civil Code of Ukraine and Article 672 of the Civil Code of Ukraine.

Therefore, the application of this norm of the Housing Code when deciding on eviction has no legal force. Therefore, the owner of the apartment must file a claim to evict a former family member from the apartment and remove him from registration. When submitting an application, you must rely on Part 1 of Article 405 of the Civil Code of Ukraine, which provides for the provision of the right of residence only to family members.

Analyze the court act: Submit to the authorities for the removal of a person from the register who lives in your house (apartment).

It is also necessary to make reference to Article 406 of the Civil Code of Ukraine, which provides for the termination of the right of residence for persons who, as a result of divorce, have lost the status of a family member. In addition, Article 391 of the Civil Code provides for the elimination of obstacles in the owner’s exercise of the right to use and dispose of living space.

The court is obliged to satisfy such an application and evict the former family member without providing another place of residence.

• whether the issue of raising and maintaining the child has been resolved, whether there is a solution to other legal issues.

Possibility to evict a family member without judicial procedure

In addition to filing a properly executed statement of claim with demands to evict the tenant through the judicial authorities with the provision of alternative space, there is another possibility. It consists of eviction of a subject by decision coming from the court without granting ownership rights to other housing.

There are other reasons that a lawyer experienced in these matters can tell you about. For example, any citizen can be evicted administratively. Moreover, this method has two options: • with the provision of alternative cores. “square” meters, • without providing these “squares”.

Alternative living space, which is provided administratively to an evicted citizen, must be located within the area where he lived immediately before the moment of eviction. There are special requirements for qualitative (i.e. a separate apartment equipped with all amenities) and quantitative characteristics (in this case we mean sq.

meters that are in the room). The main question that apartment owners are now asking is whether it is easy to sign a person out of an apartment without his consent? Why is it necessary to discharge a person? There are a lot of options, let's look at the most common ones. 1.

The person does not live in the apartment, has left for permanent residence in another region or country, does not claim the right to own the apartment, but due to circumstances cannot come and check out of the apartment in person. At the same time, you need to privatize your living space.

If you cannot convince him, then you need to go to court. The simplest solution in this case is when he has the opportunity to send a representative with a power of attorney to remove him from the place of registration.

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But in reality, not everything is so simple and cloudless. Let's consider a situation where a person does not want to assist in his checkout from the apartment. Clause 18 of the “Regulations on the procedure for transferring living space into the ownership of citizens” dated September 15, 1992 indicates that the owner and members of his family participate in privatization.

In Article 64 you can find out which categories of citizens can claim the status of a family member.

If one of the family members loses his status, but continues to live permanently with the owner in his apartment, then he has equal rights and obligations with the owner.

Therefore, the person registered in the living space has the right to receive his share of the privatized property. After privatization, he has the right to do whatever he wants with his part - sell, donate, rent, etc.

2. The person does not live in the apartment, but pays part of the utility bills monthly.

In this case, there are many options, but only one solution is possible - to write it out through the court. Article 71 of the housing and communal services provides that if the tenant and his family members are absent for some time, they retain the living space for 6 months.

Living space is retained by absent family members for more than 6 months in the following cases: • - conscription for military service, including conscription of reserve officers or their assignment to work not related to the combat zone.

In this case, the period will be extended from 6 months until the end of military service: • - in case of temporary departure from permanent residence due to work conditions, or in connection with study. Separately, the same rights are granted to those traveling abroad.

The period will be extended until the end of the work contract, or until the end of training:

• - placement of children in child care institutions, or transfer of rights to raise a child to relatives or guardians. The period is extended until the end of the stay with relatives or guardians, but on the condition that other family members permanently reside in the apartment.

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If a child sent to a child care institution or under guardianship leaves the living space, the housing can be rented out until the end of the child’s stay in another family or child care institution, or until the child reaches adulthood.

In some cases - until the end of training in educational institutions of all forms of ownership and categories, as well as until the end of service in the ranks of the Armed Forces of Ukraine. • - in case of moving with the fulfillment of the obligations of the guardian.

The deadline is extended until the end of the time for fulfilling obligations; • - placement of persons recognized as fully or partially incompetent in boarding homes and other social welfare institutions. The period is extended throughout the entire period of stay in these institutions; • — travel to medical institutions for treatment.

If none of the family members live in the housing premises, then in this case the housing will be provided to other persons under a lease agreement until the citizen is released from prison. According to the laws of Ukraine, the right to use housing is reserved for those who are absent for six months from the date of expiration. Article 72 of the Housing Code provides for the recognition of persons who have lost the right to use an apartment due to the absence of this person for more than a specified period in court.

Article 7 of the Law of Ukraine “On freedom of movement and freedom to choose a place of residence” dated December 11, 2003 regulates the procedure for deregistration of a place of residence. Deregistration is carried out within 7 calendar days based on the citizen’s application, a request from the state registration authorities at the new place of residence and the final decision of the courts.

After receiving the act in hand, you need to contact a lawyer and, with his help, file a claim in court to recognize the person as having lost the right to use the living space.

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A lawyer should handle the filing of an eviction claim.

It is best to entrust the preparation of a high-quality statement of claim regarding eviction issues to practicing lawyers. For example, an excellent option is a lawyer who deals with housing disputes and specializes in them.

A professional will impartially, clearly and correctly write the necessary statement of claim for eviction and discard all unnecessary information. At the application stage, it is important to emphasize precisely those points that are truly of great importance to the judiciary.

Almost all citizens can apply to the judicial authorities with claims for eviction. This is done when a tenant violates the established rules of the hostel. The right to go to court is also granted to the landlord, and along with it to the state housing inspection authorities.

But in each individual case, the eviction of a citizen from housing in Ukraine is regulated by a strict procedure and without the help of a competent specialist in these matters, you can lose the eviction case and, thus, never evict the unwanted tenant again.

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Statement of claim for eviction of ex-spouse

Statement of claim for eviction of ex-spouse.

Family members of the owner of residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner.

Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family.

Family members of the owner of a residential premises have the right to use this residential premises on an equal basis with its owner, unless otherwise established by an agreement between the owner and members of his family. Family members of the owner of a residential premises are obliged to use this residential premises for its intended purpose and ensure its safety.

Members of the family of the owner of a residential premises who are capable and limited by the court in their legal capacity are jointly and severally liable with the owner for the obligations arising from the use of this residential premises, unless otherwise established by agreement between the owner and members of his family.

In the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by an agreement between the owner and the former member of his family.

If a former family member of the owner of a residential premises has no grounds for acquiring or exercising the right to use another residential premises, and also if the property status of a former family member of the owner of a residential premises and other noteworthy circumstances do not allow him to provide himself with another residential premises, the right to use the residential premises owned by the specified owner may be retained by a former member of his family for a certain period based on a court decision. In this case, the court has the right to oblige the owner of the residential premises to provide other residential premises for the ex-spouse and other members of his family, in whose favor the owner fulfills alimony obligations, at their request.

A former family member of the owner, using residential premises on the basis of a court decision made taking into account the provisions of Part 4 of Article 31 of the Housing Code, has the rights, bears the duties and responsibilities provided for in Parts 2 - 4 of Article 31 of the Housing Code.

A citizen who uses residential premises on the basis of an agreement with the owner of this premises has rights, bears duties and responsibilities in accordance with the terms of such agreement.

If a citizen’s right to use residential premises is terminated on the grounds provided for by this Code, 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.

If a citizen using residential premises on the basis of a court decision taken taking into account the provisions of Part 4 of Article 31 of the Housing Code, or on the basis of a testamentary refusal, uses this residential premises for other purposes, systematically violates the rights and legitimate interests of neighbors or mismanages residential premises, allowing its destruction, the owner of the residential premises has the right to warn this citizen about the need to eliminate the violations. If these violations entail the destruction of the residential premises, the owner of the residential premises also has the right to assign this citizen a reasonable period of time to carry out repairs to the residential premises. If this citizen, after warning the owner of the residential premises, continues to violate the rights and legitimate interests of neighbors, uses the residential premises for other purposes or fails to carry out the necessary repairs without good reason, this citizen, at the request of the owner of the residential premises, is subject to eviction based on a court decision.

Tips on dividing marital property.
Other claims...

Statement of claim for eviction of ex-spouse
(owner plaintiff)

In ___________________ court
Plaintiff: __________________
Address: __________________
Defendant: _______________

Address: __________________

Claim for eviction of ex-spouse and deregistration - sample, from a municipal apartment, from official housing

In housing legislation, there is no difference between the concepts of “eviction of an ex-wife” and “eviction of a former spouse.” The key word is eviction.

To evict a spouse, you must first deprive him of the use of housing, or file a lawsuit to evict the spouse, thereby confirming in court the lack of his rights to the apartment and to live in it.

Reasons

The Housing Code of the Russian Federation lists provisions according to which family members can no longer use the owner’s housing.

The basis for living in the premises is considered to be the existence of a family relationship with the owner of the premises. This means that if the spouses are no longer connected by family relations, then the ex-spouse’s use of the spouse’s housing also ceases.

Eviction methods

You can evict your ex-spouse voluntarily or forcibly. The latter method is used if it is impossible to resolve a controversial situation peacefully.

Voluntarily

The former spouse must independently leave the premises if the marriage with the spouse who is considered the owner of the apartment is officially dissolved.

The owner can also notify the ex-spouse within three months to vacate and deregister:

1. If the spouse agrees to leave the premises voluntarily, we advise you to have this consent certified by a notary stating that he voluntarily moved out of the apartment and deregistered himself by moving to another place of residence.
2. After this, it will be considered that he voluntarily left the premises and no longer has the right to use it.

Here is a sample notice to evict an ex-spouse. 

Forcibly

If the ex-spouse refuses to evict from the premises, it is necessary to go to court and file a statement of claim.

The claim must be submitted to the owner of the property.

When drawing up an application, in its content refer to Article 35 of the Housing Code of the Russian Federation, which indicates that a citizen is obliged to leave housing if the established period of residence by the owner has ended.

Eviction

When evicting your ex-spouse, a big role will be played by exactly what premises you lived in with him and whether he is the owner of the apartment.

From a privatized apartment

During eviction, whether the spouse participated in the privatization of the premises plays a big role. If he did not take part in this process, although he had the right to do so - he was registered before privatization, when it was in municipal ownership, then in this case eviction is impossible on the basis of Part 4 of Article 31 of the Housing Code of the Russian Federation.

But, if the spouse refused privatization due to the fact that he privatized another apartment for himself, then you may well oblige him to leave the apartment.

In addition, you can evict your spouse if you are the only owner of the home, and your spouse does not have the right to a share of ownership of this home, that is, your apartment was:

• acquired by you before marriage;
• donated;
• passed into inheritance.

In this case, everything is quite simple:

1. The spouse must contact the Federal Migration Service of the Russian Federation.
2. Remove yourself from registration at your place of residence.

After this, he automatically loses the right to use this housing.

If the above option does not work, eviction is carried out through the court. To do this, submit a statement of claim, along with documents confirming your claims. When considering a case, the prosecutor is considered an obligatory participant, and the Federal Migration Service of the Russian Federation will be considered a third party.

But according to the Constitution of the Russian Federation, no one can be deprived of housing. Based on this, the court takes into account:

• financial situation of the ex-spouse;
• availability of other housing.

If he does not have a place for further residence, the court grants a deferment of the decision for a period of 6 to 18 months. During this period, the defendant must provide himself with other housing. At the end of this period, the defendant will be evicted from the apartment of his ex-wife.

The situation is different if the apartment is in shared ownership, and your minor child owns the second share.

If the spouse refuses privatization, the courts regard this as a waiver of his right in favor of the spouse and child, and other reasons are not taken into account. As a result, it turns out that the spouse and the owner of the apartment have equal rights according to the law “On the entry into force of the Housing Code of the Russian Federation.”

Another problem is that the ex-spouse has the right to live with his child who is under 18 years old, so he cannot be evicted.

If the child is over 18, the spouse can be evicted only with the consent of the child.

From a council apartment

If the spouse lives in the apartment and is registered in it, but is not considered a tenant, then he can continue to live and manage it (Clause 4, Article 69 of the Housing Code of the Russian Federation).

This suggests that both the tenant and the person who lives in this apartment have absolutely equal rights to it, in fact, as well as obligations.

This means that it will not be possible to evict your ex-spouse from public housing.

The solution to this dispute is only possible by exchanging the apartment. If the spouse does not want to exchange the apartment and does not consider such housing, then by going to court, the court will make a decision on a forced exchange.

To do this, the plaintiff must prepare an exchange option, because only in this case there is a chance to separate from the ex-spouse.

It is possible to evict a spouse from a municipal apartment only if he does not live there. In addition, the very fact of the move-in occurred or not is very important, because this affects the wording of the requirements in the statement of claim.

If the husband has not moved into the apartment, but is registered as a member of the tenant’s family in it, then a claim is filed to evict and deregister the former spouse.

From service housing

When living in office premises, the rules of Article 31, Article 65, Article 100 of the Housing Code of the Russian Federation apply)
If the spouses are no longer connected by family relations, then the owner has the right to continue living in the office premises, unlike a former family member.

This means that after the spouses divorce, the former spouse does not retain the right to continue living in this apartment (Article 31 of the Housing Code of the Russian Federation).

There is a rule that if the ex-spouse cannot afford to buy another home, and the financial situation does not allow purchasing an apartment, then the court may grant the ex-spouse the right to live in the apartment for some time. During this period, you must find another place to live.

Going to court

A claim for eviction from housing that was purchased during marriage can be filed only 3 years after the divorce, if the former spouse did not make claims regarding the disputed housing.

Claim for eviction of ex-spouse and deregistration

If your ex-spouse does not want to leave your home, you have the right to file a lawsuit in district court to evict him.

To do this, you need to document your arguments by providing evidence that he has lost the right to use your residential premises - provide the court with copies of title documents that will confirm that you are the owner of the premises.

The claim must contain all the components listed in Article 131 and Article 132 of the Code of Civil Procedure of the Russian Federation, failure to comply with which may result in refusal to accept the statement of claim. A sample claim can be seen in the attached file.

Here you can download a sample claim for eviction of your ex-husband.

Other documents

Additional documents must be provided with the claim:

1. An extract from the house register about the composition of the family.
2. Passport of the parties.
3. Certificate of divorce.
4. Receipt for payment of state duty.
5. Copies of title documents for housing.
6. Testimony of witnesses.

The court's decision

In this case, we present to your attention the decision of the court of appeal and its reasoning for the eviction of the ex-wife from the office premises:

1. The court of first instance satisfied the demands of citizen N. in relation to citizen P. to recognize her as having lost the right to use office premises and to evict her. The judge retained the ex-wife’s right to reside in this apartment until November 12, 2018. In addition, the FMS must remove it from the registration register in the office premises.
2. The plaintiff in his statement indicated that he lives in office premises on the basis of a rental agreement, which was provided to him and his family - his wife and son.
3. After some time, the marriage was dissolved, and the defendant continues to live in it. She refuses to voluntarily move out.
4. The defendant argued her position by saying that there was an agreement between her and the plaintiff that she would continue to live here and pay for utilities, because she had no other housing.
5. The defendant does not agree with the decision of the court of first instance, therefore, in her appeal, she asks to cancel this decision, because it violates the rights and interests of a minor child.
6. When considering the case, the court is guided by Part 4.5 of Article 31, 103 of the Housing Code of the Russian Federation, and decided that the defendant cannot use this housing, as a result of which it left the decision of the first instance unchanged.

The court found that the decision fully complied with the rules of substantive law.

As for providing time for residence in accordance with Part 4 of Article 31 of the LC RF, the court made the correct decision (she has no other place of residence), however, on the basis of Part 5 of Article 31 of the LC, after the specified period, the defendant is subject to eviction.

Arbitrage practice

The practice is quite contradictory, since there is no unity in the application of standards.

The norms of housing legislation have inconsistencies with civil legislation, and some of them need to be finalized - regarding:

• length of stay of the former spouse in the apartment;
• the obligation of the apartment owner to find and provide the ex-spouse with other housing.

Quite common is the practice of evicting a former spouse as a former family member or terminating the former spouse’s right to use housing under a social tenancy agreement.

In the first case, everything is quite simple, eviction takes place on the basis of Part 4 of Article 31 of the RF Housing Code, however, regarding the second case, judicial practice is ambiguous.

According to the general rules, the ex-spouse cannot use the housing, otherwise the owner has the right to evict him in accordance with Article 35 of the Housing Code of the Russian Federation.

Thus, by a ruling of the Supreme Court of the Russian Federation dated July 15, 2008, a decision was made according to which the court did not take into account the interests of a minor child when evicting a former spouse who did not consent to his eviction. The case was sent for a new trial.

Based on the above, it must be said that eviction of a former spouse is possible in most cases; this requires a good evidence base.

The spouse who owns the property has a greater chance of evicting a spouse. Things are more complicated with privatized and municipal apartments, but using our advice you can achieve what you want.

Here is the case law regarding the eviction of a former spouse.

Video about the eviction of an ex-spouse from an apartment

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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