Is it possible and how to discharge an ex-husband from an apartment through the court in 2023

Divorce and division of property are not pleasant procedures. It’s even more unpleasant to continue to live side by side with a man who until recently was a husband, but is now a stranger.

If the ex-husband does not give in to his wife’s persuasion to move out, then there is only one way to force him to do this: forcibly discharge him through the court.

 Let's consider the case of how to discharge an ex-husband from an apartment after a divorce without his consent.

Is it possible to discharge my ex-husband from a privatized apartment?

Whether the ex-husband is the owner of the premises or not is a key factor determining the further actions of the ex-wife if she wants to discharge her husband.

Let's consider the three most common situations:

• If the wife purchased an apartment with her own funds before marriage , then she is the sole owner of the living space. As a housewife, she has the right to register anyone in her home, and also to sign anyone out of the apartment. Consequently, she has no obstacles to deregistering her ex-husband without his knowledge and without his consent.

• If it’s the husband’s apartment, and the wife is only registered there , the situation is the opposite - the husband can write his ex out.

• If the apartment was purchased during marriage using common funds, the former spouses have equal rights to it. Consequently, none of them can forcefully write out the other - both are owners.

By the way, the discharged husband will have to apply for temporary or permanent registration somewhere. Staying for more than 30 days without registration is punishable by a fine.

Temporary registration can be issued at the previous place of residence, if, of course, the ex-wife agrees to this.

How to expel my ex-husband from the apartment if I am the owner

If the apartment is privatized and you are the owner of the apartment, then it is possible to discharge your ex-husband who is not the owner only through the court, if he refuses to move out of the apartment, in accordance with Art. 31 Housing Code of the Russian Federation.

To discharge your ex without consent through the court, you must:

1. File a claim with the district court at the location of the apartment. In the claim, it is necessary to refer to the fact that the family relationship was officially terminated (divorce);
2. Attach documents to the application: a copy of the ownership of the apartment, a divorce certificate, a copy of the registration of the ex-husband and a receipt of paid state duty;
3. Wait for the court's decision. A documented application will be considered in favor of the apartment owner. The court will oblige the Federal Migration Service to discharge the ex-husband, and the police will help him move out.

Download the statement of claim for ejection from the apartment of a non-owner - Sample;

Download the statement of claim to the court for an extract from the ex-spouse’s apartment - Sample

If the ex-spouse has no place to live after a divorce and moves out of the apartment, the court may retain his right of residence until he finds a new apartment. The law does not stipulate the period during which the ex-husband can retain the right to stay in the apartment. Usually this is 5-6 months.

• If, together with the wife, someone (not the husband) is a co-owner, for example, a sister or an adult child, then his written consent or personal presence will be required when drawing up the application.
• After the time allocated by the court to find a new home has passed, the ex-husband does not move out; according to the court decision, he will be deregistered with the Federal Migration Service and will be required to move out in the presence of the police.
• Video: How to expel your ex-spouse from your own apartment

Discharging an ex from a municipal apartment

But if the housing is municipal and is rented by spouses on the basis of a social tenancy agreement, it will not be possible to easily discharge the ex-husband.

The fact is that the social contract The lease is concluded with both tenants, and whatever the relationship between them, it will not be possible to discharge the ex-husband without his consent, according to Article 69 Part 4 of the Housing Code of the Russian Federation.

The following options are possible here:

• Ask the municipality to exchange the apartment for two smaller ones . The most difficult option. As a rule, the city administration has a shortage of housing; there are long queues of people in need of social housing, so the municipality, as a rule, does not have the opportunity to provide two different apartments to two tenants.

• Separate personal accounts . This method is good if there are several rooms in the apartment. In addition, former spouses can sign an agreement on the division of housing - i.e. which room goes to whom, what is the procedure for using common areas - bathroom, kitchen, hallway. The separation of bills is necessary so that everyone pays their half of the rent, and there are no disputes over the next payment. Failure of one spouse to pay his or her bill may be grounds for the municipality to evict him or her.

• Extract your ex-husband from the apartment through the court . The grounds for such a requirement must be substantial. If a positive decision is received in court, you will need to wait until it comes into force and then present it to the administration. The municipality will renew the contract with the applicant and evict the ex-husband.

As judicial practice shows, compelling reasons for being discharged from a municipal apartment after a divorce are:

• non-payment of rent by the ex-husband, his refusal to maintain housing;
• threats against his ex-wife, promises to deal with her;
• immoral lifestyle, inappropriate behavior, causing fear not only of the ex-wife, but also of neighbors;
• crime against a spouse (for example, battery);
• creating a dangerous situation (for example, arson or flooding), intentionally causing damage to an apartment and property;
• long-term (several months) living outside the apartment;
• written refusal to use the apartment.

To discharge your ex-husband through the court, you must:

1. File a claim with the district court at the location of the apartment. The claim must refer to the reason for the discharge (long period of non-residence, threats, presence of other property, etc.);
2. Attach to the application: a copy of the ownership of the apartment, a certificate of divorce, registration of the ex-husband, receipts of paid state fees and documents confirming the grounds for registering the ex-husband;
3. Wait for the court's decision. A documented application will be considered in favor of the wife. The court will oblige the Federal Migration Service to remove the ex-husband from registration.
4. After a positive court decision is made, you must wait 14 days for it to come into force.

Download the statement of claim to the court for discharge from a municipal apartment - Sample

In all cases, the statement of claim must be supported by specific evidence - this could be testimony from neighbors, documentary evidence of non-payment of rent, video and audio recordings in which the husband, for example, threatens his ex-wife or refuses to pay rent.

Video: Lawyer on eviction from a municipal apartment

Can I write out if my ex-husband has the right to a share in the apartment?

1. After a divorce, without the ex-husband’s own consent to deregister, he cannot be discharged.
2. If he owns a small share, according to the law he is the same full owner of the premises as the other co-owners.
3. Even if all the other residents of the apartment agree to get rid of the applicant’s ex-husband, until he himself wants to leave, no one can force him to do so.

You can go to court if the ex-spouse abuses his right to own an apartment and creates a threat to its physical existence. And there is no guarantee that the court will oblige the Federal Migration Service to discharge the defendant from the apartment . The housing rights of citizens are protected by the Constitution.

There are two options to solve the problem:

• Sell ​​the apartment, divide the money according to shares and leave. Most often, this method is used, as it saves a significant amount of nerves and money.

• The ex-wife can buy out his ex-husband's share and become the full owner of the apartment. This method “works” if the apartment is illiquid or too cheap, and the parties will not buy a new home with the money raised.

Can I register my husband if his children are registered?

The ex-husband, registered in his wife’s living space, had the right to add his children to the apartment without the consent of the owner.

Similarly, an ex-wife registered with her husband had the right to register her child with her.

This right is enshrined in the housing code. It is aimed at protecting the rights of minor children - so that no one has the right to throw them out onto the street, regardless of what happened to their parents.

If an adult who is not the owner of an apartment can be easily registered and discharged without his consent, then with a minor child everything is more complicated. According to the law, they cannot be forcibly discharged - the commission for the protection of the rights of minors will intervene for children discharged “to nowhere”, and they will have to be registered at their previous address.

Thus, the children of the ex-husband, even if he himself is discharged, retain their registration and, therefore, the right to use the premises. Only the ex-husband himself can remove them from the register. At the same time, he can discharge his children “to nowhere.”

It is possible to forcibly deregister the children of an ex-husband only in one case: if they live outside the home for a long time, i.e. do not actually use the right to use the apartment granted to them. How long this time should be is determined by the court at its discretion.

Download the statement of claim for discharge from the apartment through the child’s court - Form

But as judicial practice shows, if the ex-husband moved out, found an apartment in another place and moved the children there, but did not register them in a new place out of ordinary stubbornness, then it is not difficult to discharge the ex-husband and his children through the court.

Write out after divorce

An urgent need is to remove the husband from the once shared apartment, i.e. further cohabitation in the living space is impossible.

• Often the procedure is carried out without the consent of the ex-spouse.
• In this article, the reader will find the answer to the question on what grounds it is possible to discharge a husband from the apartment and what difficulties lie in wait at this stage.
• The easiest way to expel your husband from the apartment is to agree with him to amicably separate and deregister him on a voluntary basis.

Discharge ex-husband - LAWYER CONSULTATIONS

If it is not possible to resolve the issue peacefully, you will have to move on to more stringent measures and compulsorily carry out the procedure through the court.

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

The grounds for deregistration of an ex-husband are: The case is considered for about a month and the judge’s decision comes into force within 10 days.

The law does not stipulate the period during which the ex-husband can retain the right to stay in the apartment. If, together with the wife, someone (not the husband) is a co-owner, for example, a sister or an adult child, then his written consent or personal presence will be required when drawing up the application.

To issue an extract from your ex-husband, you must prepare a statement of claim.

The document must contain the following information: To expel the husband from the apartment, the court must provide documents and a claim in 3 sets for each party to the lawsuit.

Can a husband remove his wife from the apartment after a divorce?

You can download a sample statement of claim from the link:

• If the ownership is registered in the name of the ex-husband, it will be difficult to remove him from the apartment.
• You can do without involving the court in the case and carry out the procedure if: You can discharge your ex-spouse after a divorce in the above cases without his consent.
• It is imperative to obtain evidence - a receipt for the existence of debt on housing and communal services or checks, police reports, etc. The apartment may also be owned by the wife if the living space was purchased before the marriage was registered.
• In this case, the ex-husband does not have any rights to the property and can be evicted by joining the court case if the spouse does not consent to his own eviction.
• According to the law, if the husband does not have additional living space to move, then the court may allow him to continue living in his wife’s apartment until a new property is found.
• There is no specific period of permissible stay in a residential property.

Read also the article ⇒ Property tax for individuals when purchasing an apartment

How to remove your ex-husband from your apartment after a divorce?

Discharge without the consent of the second spouse is allowed after about six months:

• If the period provided by the judicial authority has expired and the ex-spouse has not moved out, then his eviction will be carried out in the presence of law enforcement agencies.
• In order to finally discharge the husband from the apartment, a court order will be required for the Federal Migration Service.
• A spouse who has been deregistered will need to apply for temporary/permanent registration somewhere.
• Municipal housing is owned by the state and, therefore, without the consent of the husband, it is impossible to discharge him from the apartment without the participation of the court. Initially, after a divorce, a written claim is submitted to the municipality.
• An authorized person visits the specified apartment, interviews neighbors and confirms the legality of the grounds for eviction of a particular tenant.

1. A husband who commits unlawful acts towards other residents or the state will be given a verbal warning.
2. If this does not have the desired result, you can expel your spouse from the apartment by contacting a judicial authority.
3. There are 2 additional ways to resolve the situation: It is worth noting that specifically in the case of municipal housing, not only the husband, but also the entire family can be discharged.
4. It is easiest to discharge a former spouse without his consent if the apartment was purchased and privatized by the wife before the marital ties were legalized.

Is it possible to discharge an adult son from a divorce after a divorce?

In this case, the husband has no rights to the property.

You should submit a statement of claim and attach to it a document confirming the right to specific real estate:

• It is not possible to expel the husband from the apartment if the property was purchased during marriage or privatization was carried out with general consent.
• Former spouses have equal rights and it is impossible to remain without a roof over your head.
• Very often, after a divorce, a problem arises: the former spouse no longer lives in the same living space, but still remains registered (registered) in his apartment.
• And there is a need to forcibly deregister her, since she herself does not do this.
• In the case where the apartment belongs to the husband as personal property, then he, as the owner, is given the right to demand the elimination of any violations of his rights, including termination of registration of his ex-wife in this apartment.

You must go to court in compliance with the procedural provisions on exclusive jurisdiction, that is, at the address of the privatized apartment. Since being married also means spouses living together in an apartment, it is necessary to recognize the ex-wife as having lost the right to use this apartment and, on the basis of this, put forward a demand to deregister her.

The lawsuit describes how long the spouses were married, and when the family relationship was terminated, when the marriage was dissolved, and when the ex-wife left the apartment.

The stated circumstances must be confirmed by evidence, that is, a certificate of divorce (its photocopy) and a certificate from the housing organization about the composition of the family are attached to the claim.

How to discharge your ex-husband from the apartment after. —ClassoMSK

Proof of the ex-wife's departure from the apartment can be an act drawn up and signed by the neighbors stating that the specified citizen does not reside in this apartment.

• The neighbors' signatures on the act must be certified by an official of the housing organization.
• Testimony of witnesses directly at the court hearing is also allowed.
• The claim will also need to be accompanied by documents on the husband’s ownership of the apartment: a certificate of state registration of ownership and the corresponding document on the basis of which the husband’s ownership arose (a purchase and sale agreement, for example, or a gift agreement, or a residential privatization agreement , there may also be a certificate of inheritance rights if the apartment became the property of the husband by inheritance).
• If the husband is not the owner, but the tenant of the apartment, then the lease agreement in relation to it must be declared terminated in court.
• The basis for this must be indicated by her voluntary departure to another permanent place of residence, and this circumstance must be proven in court.

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

Is it possible and how to discharge an ex-husband from an apartment after a divorce?

After the end of the period for which official housing was provided, it must be vacated both by the citizen to whom housing was provided and by members of his family:

• If the ex-wife has left the official housing, but is not deregistered, this is done in court.
• Both her ex-husband and the representative of the homeowner have the right to file a claim. Due to recent changes in legislation, the information in this article may be out of date!
• Our lawyer will advise you free of charge - write in the form below.
• Divorce and division of property are not pleasant procedures.

It’s even more unpleasant to continue to live side by side with a man who until recently was a husband, but is now a stranger.

Read also the article ⇒ Bailiffs seized a car for alimony

How to expel your ex-wife from a municipal apartment

• 
  Question No. 1: If the ex-husband does not give in to his wife’s persuasion to move out, then there is only one way to force him to do this: forcibly discharge him through the court.
• Let's consider the case of how to discharge an ex-husband from an apartment after a divorce without his consent.
• Whether the ex-husband is the owner of the premises or not is a key factor determining the further actions of the ex-wife if she wants to discharge her husband.
• 
  Question No. 2: Let's consider the three most common situations: By the way, the discharged husband will have to arrange for himself a temporary or permanent registration somewhere.
• Staying for more than 30 days without registration is punishable by a fine.
• Temporary registration can be issued at the previous place of residence, if, of course, the ex-wife agrees to this.

If the apartment is privatized and you are the owner of the apartment, then it is possible to discharge your ex-husband who is not the owner only through the court, if he refuses to move out of the apartment, in accordance with Art.

If the ex-spouse has no place to live after a divorce and moves out of the apartment, the court may retain his right of residence until he finds a new apartment.

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Where to go to get your ex-husband out of the apartment?

You must understand that it is not the court that will carry out deregistration - with its help it can only be recognized that a person for some reason has lost the right to use residential premises.

The claim may be denied if:

• the tenant does not have the opportunity to live in another premises - the right to use the plaintiff’s housing can be retained for a period determined by the court;
• the owner pays alimony to the tenant - the court has the right to oblige the plaintiff to provide the defendant with other residential premises;
• the defendant lived in the residential premises at the time of its privatization and agreed to privatization without his participation (Article 19 of the Law of December 29, 2004 N 189-FZ)

How to discharge a spouse from a communal apartment

If the ex-wife makes demands to vacate the residential premises belonging to her, she has the right to justify them under Art.
31 part 4 of the Housing Code of the Russian Federation. Only legal dissolution of marriage confirms in such circumstances the fact of the end of family relationships.

The deceased sister had a garden plot, a state certificate was drawn up, but was not received, there is an archival extract from the state archives of the mountains.

The list of relevant diseases is established by the federal executive body authorized by the Government of the Russian Federation.

Any tenant of a dwelling or its owner has the right to allow another family member, in particular the husband, to be on the territory of the apartment. In this case, this person will have the right to use the housing, and it is on this basis that any family member has the opportunity to register in the apartment, so to speak, at the place of residence.

The procedure for checking out of an apartment may vary depending on who is the owner of the residential premises and what type of housing stock the apartment belongs to.

I registered my ex-husband in the apartment for which I pay the mortgage. Can I discharge him without his passport? He has been registered for more than three years. He pays utilities for this apartment.

The term registration has long since exhausted itself; it has been replaced by the concept of registration, with changed legal foundations and nuances of the procedure itself. The number of questions and controversial situations in this regard has not decreased, especially since many citizens still continue to use the old term “registration”.

It becomes clear that from the moment the marriage ends, the husband receives the status of a former family member of the owner of the home. Consequently, he automatically loses his right to use the apartment or other premises.

Unfortunately, circumstances often arise when a tenant has to be evicted from a residential premises against his will. How to discharge a relative from an apartment by agreement with him, who lives in another city and is very ill and does not have the opportunity to come and check out.

If you resort to going to court to deregister a person registered in your apartment, you file a lawsuit. This requires filing a statement of claim or form number 6. Filling out the statement of claim incorrectly can lead to further problems. For example, this is a good enough reason for the court to refuse to file a claim.

Is it always possible to discharge a citizen?

Use of apartments by residents for other purposes than their intended purpose. A municipal apartment is transferred to the tenant under a social tenancy agreement only for living, so using it for any other purpose (for example, as an office space) is a violation of the terms of the agreement and may lead to forced eviction and deregistration of the tenant and his family members.

Yes, your mother, as the main tenant of the apartment, can expel your husband from the apartment by court order if he does not want to do this voluntarily.

If you are interested in how to evict your ex-husband from an apartment, we suggest watching the following video.

Is it possible to expel an ex-husband from the house if the wife received a gift for this house before the divorce, and does he have rights to part of this house?

Housing Code of the Russian Federation, Part 4, Art. 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.”

Extract from ex-husband's apartment

To do this, you need to draw up a statement of claim, pay a state fee, hold a trial, receive a positive court decision, wait until it comes into force (a month), and take it to the passport office - b.zh. will be deregistered.

Today, most families live in privatized apartments and houses. In this case, the owners of real estate can be either one of the spouses or both. Considering that after the breakup of the family, the spouses are not eager to continue living together, the issue of eviction of one of them arises especially acutely.

As practice shows, there are few cases of voluntary expulsion from an apartment, therefore, on many forums and on the Internet you can find questions from citizens of the following nature: “how to expel a registered person from an apartment if I am the owner, and the registered person does not want to go to a meeting?” .

In 2016, my grandmother deeded her share to my mother. It turns out that the owners at the moment are me and my mother.

Where to go to get your ex-husband out of the apartment?

In 2010, the parents separated again. My father remained registered and simply lived separately (rented an apartment).

If the defendant lives in the apartment of the owner (plaintiff), indicate in the application the demand for his eviction.

If a person does not want to change his place of registration, but he is forcibly discharged, evidence is needed that the citizen’s rights are not violated. The court is dealing with this issue.

You can draw up a statement of claim yourself, but it is better to contact a professional lawyer. This is justified by the fact that seemingly insignificant legal errors can lead to refusal to consider the case by the court. It is also worth remembering that the application must substantiate the person’s removal from the residential premises as accurately and in detail as possible.

How should you proceed to expel a person registered in it from an apartment?

After the divorce, the husband lives in another city for more than 10 years. It is not included in privatization, but is registered. How can I get him out of the apartment? has not paid for utilities for many years.

There is a certain circle of people who cannot be discharged from residential premises without obtaining their consent. In this case, the homeowner has only one choice - to negotiate with this person about voluntary checkout from the apartment. Let us consider in more detail how the owner can remove a person from an apartment without his presence and consent.

Evaporation produces a linguistic voice. Of particular value, in our opinion, is the lower flow in parallel. Evaporite is immutable.

First of all, you can try to persuade your ex-husband to discharge himself voluntarily - this will reduce the cost of time and effort significantly.

Nothing happens as long as good relations remain between the residents and the owner of the premises. When personal conflicts arise, most issues remain unresolved. The owner of a residential property immediately asks the question: can I sign a person out of the apartment if I am the owner?

If the divorce has already taken place, and the division of real estate is not provided for, then usually in order to continue a normal life it is necessary to discharge the ex-spouse from the apartment.

In the application, you must indicate and provide evidence that your ex-spouse does not live in this apartment and has other housing suitable for living.

There are several options for the development of the situation, which are determined by ownership or a lease agreement. That is, the consequences for the ex-husband’s registration in the residential premises will depend on whether the wife was the owner of the apartment or the tenant.

Will it be important for the court that I contacted the police with a statement about the use of physical force against me?

How to discharge your ex-husband from a privatized apartment after a divorce?

• Thus, the answer to the question of whether the owner can write out a registered person without his consent will be positive, but subject to the legality and validity of such a decision.
• However, as in many cases, there may also be exceptions here, and they are described in Part 2 of Article 256 of the Civil Code of the Russian Federation: “Property that belonged to each of the spouses before marriage, as well as received by one of the spouses during marriage as a gift or in by inheritance, is his property.
• The statement of claim for termination of a person’s right to use residential premises must indicate:

• the name of the court in which you are filing the claim;
• Full name of the plaintiff, his home address, contact telephone number;
• The name of the defendant and his home address;
• Full name and addresses of third parties (if any);
• name of the claim;
• a brief description of the situation, what the violation of the rights and interests of the plaintiff is;
• the plaintiff’s claims and the circumstances by which these claims are justified, with references to the rules of law;
• list of attached documents;
• date of application and signature of the plaintiff.

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Instructions for the forced removal of the ex-husband from the apartment without his consent, if he is not the owner

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

If, after a divorce, the ex-husband, not being the owner of the apartment, refuses to check out or simply ignores it, then the owners need to go to court and file a claim to terminate the rights to use the residential premises. Next, you will need to attend court hearings and try to write out your ex-husband.

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

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

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

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

   The instructions in the link are also suitable for deregistering your ex-husband if he refused to participate in the privatization of the apartment.↓

3. Art. 304 of the Civil Code of the Russian Federation - the owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession.

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

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

If he still lives, then it is important whether he has another living space. If he proves in court that he has nowhere else to live (register), then the judge may decide to leave him a registration for a certain period, i.e.

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

The instructions below tell you how to do this.

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

The defendant may also have a representative - a lawyer, lawyer, etc.

; The third party is witnesses (if any) and a representative of the Migration Department of the Main Directorate of the Ministry of Internal Affairs of the subject (almost never present at the court hearing).

1. Make a statement of claim.

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

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

   If living, then an application for termination of the right to use the residential premises and eviction. If you have not moved into the apartment and have not lived in it for a single day - about recognition as not having acquired the right to use the residential premises.

   Sample applications are available at the courthouse.

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

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

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

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

   In the statement of claim, be sure to include the address of your ex-husband's residence in the address of the apartment from which you want to remove him. This is necessary for the court to send a subpoena to the ex-husband (Article 113 of the Code of Civil Procedure of the Russian Federation). According to the logic of the court, the defendant’s residential address is his registration address (clause 63 of the Resolution of the Plenum of the Supreme Court of June 23, 2015 N25).

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

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

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

   Residents of Moscow or the region can contact our legal bureau “Bessonov and Partners” to draw up a statement of claim. The bureau's specialists will listen carefully, get acquainted with your situation and correctly draw up a statement of claim that will definitely be accepted in court. Cost about 7 thousand rubles.

   For site visitors, a discount of 5% to 10% is provided on all services. To receive a discount, when applying, say that you came from the website “Prozhim.com”.

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

   You can also order the “Extract - all inclusive” service at the bureau. Lawyers will undertake all possible work to discharge the ex-husband. More details about the service above.

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

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

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

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

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

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

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

3. The judge will review the application and a preliminary hearing date will be set..

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

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

4. Conducting a preliminary meeting.

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

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

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

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

5. Conducting a court hearing.

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

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

   If the ex-husband does not live in the apartment, then this must be proven. To do this, you need to invite witnesses (neighbors, relatives) who will confirm this.

   If the ex-husband lives in an apartment, then you need to prove that, in addition to the apartment, he has somewhere else to live.

   To find out whether he owns real estate, he needs an extract from the Unified State Register of Real Estate about the rights of an individual to the real estate he owns. I mentioned it above.

   This statement shows what kind of real estate a particular person owns. If the ex-husband has another living space, the judge will take this into account.

   The ex-husband, as a defendant, can defend his interests and has the right to hire a lawyer to do so.

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

6. Court decision announced.

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

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

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

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

9. Eviction of the defendant.

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

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

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

How to expel your ex-husband from the apartment without his consent | About real estate with soul

Hello, readers of www.habrealty.ru!

We will analyze in detail how to expel your ex-husband from an apartment and continue the topic started in the previous article “How to expel a person from an apartment without his consent.”

A slightly delicate situation, but no less important in the need to solve it.

I’m writing an article, but my heart is bleeding... Life, of course, throws up all sorts of things, including divorces..

The most inconvenient and difficult issue after divorcing your husband is living space. Often, your ex-husband remains living with you.

By the way, I once came across such a case: a former married couple, due to the need to huddle in one apartment after a divorce, decided to sell it and go far away. Talking to each of them separately, you suddenly realize how quickly people become strangers to each other. Hmm, I'm getting off topic, let's continue.

I advise you to read the article “Who cannot be evicted from an apartment”, from it you will learn about 5 cases in which tenants cannot be evicted from an apartment without their consent, even through the court.

Before going to court, we advise you to consult a lawyer in more detail and draw up a competent application. This is due to the fact that the same application can only be submitted to the court once.

In order not to run around looking for competent lawyers and not waste time and your chances for a speedy and positive solution to the problem, I advise you to leave the question to a lawyer.

You can ask a lawyer a question for free in the “Specialists” tab

How to expel your ex-husband from an apartment without consent: algorithm

In order to sign your husband out of your apartment, you will need a certain package of documents.

Package of documents:

• Certificate of divorce of your marriage;
• Technical passport for the apartment, or characteristics of the residential premises;
• Certificate of registration of the former spouse;
• A copy of the warrant for the disputed apartment or another document confirming that you live in the apartment;
• Other documents that you think may be useful to you in court.

Options for when you can and cannot write out

There are several options under which circumstances it is possible or not possible to expel a husband from the apartment without consent:

1. If the apartment is not privatized and the husband is not the tenant and generally lives at a different address and does not pay the rent with you, then feel free to go to court. Prove there that it is you who pay for utilities by showing receipts. The court will be on your side. But if your ex-husband wants to live in the apartment and pays for utilities, then, even if he is not the tenant, you will not be able to expel your ex-husband from the apartment;
2. If the apartment is privatized or was acquired during marriage, even if the husband renounced his rights to the apartment, it will most likely not be possible to sign him out. This is due to the fact that joint property acquired during marriage, including an apartment, is divided in half in the event of a divorce. In order for the court to discharge him, he must already have an apartment purchased before marriage. And you will need to prove this in court;
3. You will also need to discharge your husband from the apartment you purchased before marriage through the court. But if your ex-husband does not have a place to live, then the court may allow him to live in your apartment for a certain period of time;
4. If at the time of marriage you received an apartment as a gift or it was passed to you by inheritance, then the husband does not have any rights to it and you can go to court and expel your ex-husband from the apartment that was given to you as a gift or by inheritance.

Ex-husband discharge process

The right to officially evict from the municipal apartment in which you live belongs to the landlord, that is, the municipality or other body that provides you with residential premises for rent.

When you finally decide to expel your ex-husband from the apartment, you need to personally contact the district court where the apartment is located. Not to the court where you live, but where the disputed apartment is actually located.

A well-formed and complete statement of claim must be submitted to the court. Try to reflect in detail what exactly your conflict with your ex-husband is. Please remember that you may be subject to criminal liability for knowingly providing false information.

After submitting the application to the court, it must accept it for consideration and, if you have correctly drawn up the statement of claim, set a date for the court hearing. If the claim is not filed correctly, the court may return it.

Prepare for the fact that the legal battle may drag on for more than one month. And, like all legal proceedings, it will also require a huge amount of nerves.

If your ex-husband is trying to evict you from your apartment, or you are the husband who is trying to be evicted, then we recommend that you contact an experienced lawyer. This will save you from searching and collecting the documents necessary for the court.

And in purely human terms, try to resolve these issues peacefully. Psychologically, it will still be difficult to be in the same territory, being already strangers to each other. But doing something out of principle or out of a desire to annoy people is ignoble.

Today we looked at the question of how to expel your ex-husband from the apartment, the main package of documents and the procedure.

Dismissing your husband from your apartment does not mean discharging him from your life; it may happen that you make such important decisions only based on emotions. Is there any point in stopping and thinking?

Write questions and... be happy together :)

I wish you success!