The removal of the former spouse of the apartment is how to evict the ex-husband from the apartment if he is prescribed or not, not the owner or owner.

Divorce is usually accompanied by a division of property, and the question often arises as to how to evict a former husband from his apartment if he is not the owner, a problem that can be solved in two ways:

• That is to say, to try to resolve the matter peacefully and to persuade the husband to volunteer and leave the living quarters;
• If the ex-husband categorically refused to release the apartment, he would have to resort to the assistance of the law.

Exit from the former spouse ' s residence

If the husband refuses to leave the apartment after divorce, the husband must seek help from the court.

• If she is the owner of the premises, the court will most likely order the forced eviction of the disenfranchised tenant.
• In the event that the apartment was acquired by the spouses into common property, the wife would either have to provide the former husband with alternative housing or to compensate for half the cost of the apartment.
• If the former spouse does not participate in the maintenance of the apartment, she does not pay for the public services, even when the house is jointly owned, after the dissolution of the marriage the wife has the right to demand the eviction of the former husband.
• When the ex-husband is in the MLS, the wife can evict him from the apartment.
• If the former spouse, as well as the wife, who owns the apartment, has a social lifestyle, drug abuse or alcohol abuse, then the court is likely to decide on his forced eviction.

What matters is that when making an application, little indication is given of the reason why the wife demands the eviction of her ex-husband, there is also incontrovertible evidence of her existence, such as the testimony of the neighbours, a document confirming the sole ownership of the apartment, etc.

Procedure for the eviction of the ex-husband from the apartment

The procedure for the eviction of the husband after divorce may vary according to the rights he has on the dwelling in question, and in general the procedure is as follows:

• Preparation of a package;
• Processing of the claim;
• The payment of the mistress ' s money;
• Application;
• Participation in the meeting;
• Enforcement of the decision of the court.

Private cases of eviction of a former spouse from an apartment

Consider specific options for the eviction of a spouse after the dissolution of a marriage.

1. The ex-husband is not a proprietor, but he is prescribed on the premises in question; the eviction can only be ordered by a court; in such a situation, the wife can argue that the ex-husband is in breach of moral and ethical standards, fails to perform his maintenance duties, violates the peace of the neighbours, etc.
2. The ex-husband is neither prescribed nor the owner of the apartment; in such a situation, the provision of article 35 of the Russian Housing Code, which states that, once the divorce has been completed, the owner is not obliged to release the dwelling; however, he has the right to live in the apartment for a period of one year and to find a new dwelling for himself.
3. The spouse is the owner of the apartment, and in such a situation it will undoubtedly be difficult to evict him only on the grounds provided for in article 91 of the Russian Housing Code.
4. The apartment is privatized: if the husband has not participated in the privatization or has been performed before the marriage, the wife has full right to demand his eviction; in other cases, the ex-husband, being the full owner, has the right to reside in the apartment in question.
5. The apartment is acquired during the family life; it is not possible to evict the ex-husband in such a situation, except in certain cases:

• There is a marriage contract to which a different provision is made;
• The ex-husband did not work anywhere, thus not contributing to the family budget;
• Other circumstances provided for by law.

Example: Following a divorce from her husband, citizen B filed an action with a court demanding the forced eviction of the former husband from an apartment purchased during the marriage.

She argued that the husband had not worked anywhere for three years.

The court, after hearing both parties and reading the documents, decided to deny the claim to citizen B, as it appeared that the husband had been treated for the entire time, but he paid his share in the purchase of the apartment using the savings made prior to the marriage.

The removal of the ex-husband from the apartment will help the lawyer.

If you are confronted with a situation in which a former spouse does not wish to leave an apartment that does not belong to him, the matter may be decided by the courts, but not every citizen will be able to make a valid and reasoned statement which will be accepted for consideration.

Legala offers you advice on this matter in any appropriate way: by telephone, on an official website or by e-mail.

In addition, a specialist from the agency will assist you in collecting the necessary documentation and proof of the legality of your claims.

How to evict a husband if he's not prescribed.

Julia, May 4, it contains a half-brother with the condition of permanent residence and payment of all doomsday bills. For more than two years, he hasn't lived there properly, he hasn't paid his payments, he has an immoral lifestyle. I've got a lot of money on the commissary, and I want to sell the real estate I don't need. How can you write a brother out without knowing his whereabouts?

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How to solve your problem -- you can use the form of an online consultant on the right or you can call the phones on the website. It's quick and free!

Contents:

• How to Evict a Former Husband — LEGISLATIVE CONSULTATION
• Removal of the former spouse from the owner ' s apartment
• How can an ex-husband be evicted if he is not the owner?
• Evacuate the ex-husband from the apartment.
• A foreign room.
• "I want to get my ex-husband out of the apartment": counsel answers to the reader
• How do you get your husband out of the house if he doesn't leave?

Take a look at this: How to get your ex-husband out of the apartment.

How to Evict a Former Husband — LEGISLATIVE CONSULTATION

How to carry out the eviction from the former spouse ' s apartment How to carry out the eviction from the former spouse ' s apartment Article: Housing disputes In the Russian Housing Code, there are provisions that regulate the termination of the right to use the home of the owner ' s family members.

According to the law, the right to use such persons ' accommodation is based on a family relationship with the owner of the premises; family relations are terminated and the right to use is terminated; consequently, eviction from the former spouse ' s apartment is lawful, but housing disputes related to the eviction of former family members have nuances.

And they're connected to the right of ownership of the dwelling -- how and when it came into being -- all the details of the law will be explained to you by the housing lawyer.

The removal of a former spouse from an estate inherited from each spouse ' s pre-marriage property, as well as property received by one of the spouses as a gift, inheritance or other free transaction, such as privatization, is his property.

If the dwelling is your property, it is not difficult to evict the former spouse by order of the court, but if the spouse has good reasons for not finding a dwelling, the court may retain the right to use the dwelling for a period of time.

At the end of this period, the right to use is terminated; it may be terminated earlier if the circumstances that gave rise to the right, such as illness, lack of employment, are no longer valid.

The removal of a former spouse from a privatized apartment is considered a free transaction as well as a gift or inheritance, and it is not difficult at first sight to evict a former spouse by court.

The situation was changing if the husband refused privatization because he had previously privatized another dwelling in his own name.

If you have any questions about eviction, you may need a housing lawyer. By filling in the form at the bottom of the page, you will contact an experienced lawyer who will analyse your situation from the point of view of the law, help draw up a statement of claim and present your interests in court if necessary.

The right to own and dispose of the dwelling will still be preserved even if the former spouse who is registered in the disputed dwelling is not the direct employer of the dwelling.

It is possible to solve the problem of accommodation in this case only by choosing suitable options for the exchange of travel; even if the husband has systematically refused to make the exchange on the grounds that he is not satisfied with the alternatives, he may be required to do so; this will require recourse to a court that will order the exchange.

The plaintiff in the trial will have to present his choice of departure in advance, only in this case will there be a chance to change the apartment.

The removal of the former spouse from an apartment owned by the second spouse In this case, the law protects the right to property, so the eviction of the spouse, who is already a former member of the owner ' s family and is legally justified, i.e. the right to use the former spouse after the termination of the marital relationship, is not maintained.

First, if there are maintenance obligations in respect of the second spouse, the owner of the dwelling may be required to have his/her place of residence different from his/her place of residence; such a claim may normally be made as a counter-claim if the owner applies to the court for eviction.

For example, the parents of the former spouse are still alive and they live in an apartment where they can write their magic after their divorce.

Secondly, if the ex-husband or wife is unable to buy another apartment after divorce, which is almost universal or does not have any other dwelling, the court may retain the right to use the disputed apartment behind the former spouse.

However, the duration of the use of the dwelling will be limited and clearly stated in the judgement, and it should be concluded that the sale of the dwelling to another person automatically ceases the right of the former spouse to reside in it.

In this case, an eviction claim, unless it is voluntary, will be filed with the new owner. Other articles on the subject: On the basis of the outcome: If the task can be resolved positively, it will be resolved.

Removal of the former spouse from the owner ' s apartment

How to carry out the eviction from the former spouse ' s apartment How to carry out the eviction from the former spouse ' s apartment Article: Housing disputes In the Russian Housing Code, there are provisions that regulate the termination of the right to use the home of the owner ' s family members.

According to the law, the right to use such persons ' accommodation is based on a family relationship with the owner of the premises; family relations are terminated and the right to use is terminated; consequently, eviction from the former spouse ' s apartment is lawful.

But the housing disputes surrounding the eviction of former family members have their nuances, and they have to do with the ownership of the dwelling, how and when it arose.

But the rule is that a person is once legally placed, that a person can retain the right to use the apartment until the children who live there have grown up, and that the difficult living conditions associated with housing are often deadlocked not only by the citizens themselves, but also by the judges.

There is a well-known rule: the owner of the dwelling may "request for exit" through the court, a citizen who is not prescribed or the owner, but where the situation is specific to square metres, the general rules may not work.

Life's conflict, when a woman stays with her children in an apartment that isn't owned by her, is common enough.

Evacuate the ex-husband from the apartment.

Often, the rights to use an unregistered person ' s residence are often heard in court; if possible, ask the perpetrator to leave the residence voluntarily.

If the tenant is not the owner of the premises, apply to the courts, and the court must file a complaint with the court of the defendant ' s place of residence.

If the tenant is prescribed in this apartment and disagrees with such an issue, then the procedure must already be brought before the courts.

If there's no pay for the Communal, you need the paperwork from the house.

The removal of the ex-husband's ex-husband from the apartment The time to read 10 minutes The time to ask a lawyer to ask more quickly When the marriage is dissolved, the spouse who is not the owner of the dwelling loses the right to use it, however, the question of the eviction of the ex-husband is much more difficult than it may seem. Today we will consider in detail how to evict the ex-husband from the apartment.

"I want to get my ex-husband out of the apartment": counsel answers to the reader

Where do you start the process of eviction of your ex-husband from your apartment? Two methods can be used to answer the question: First, it is voluntary, and it is agreed between the ex-husbands; and the voluntary method is valid if the ex-husband is not the owner of the house and is not prescribed.

When the property of the woman and the apartment have been privatized, the situation of the ex-husband ' s eviction will not be a problem; the main condition is that the house has been privatized before the marriage, or in the marriage, but only by the owner.

If the ex-husband has not been able to agree peacefully on eviction — a second option — forced eviction from his place of residence is worth taking advantage of.

I have reason to refer here to the articles of the Housing Code, which state that the grounds for the eviction of the former spouse are the annulment of the marriage by the court, or the dissolution of the marriage in the civil registry.

It is worth noting, however, that in such a case, the eviction of the spouse takes place only if he or she is not the co-owner of the dwelling, but only if he or she lived in an apartment without a right of ownership.

If the dwelling was acquired by both spouses during marriage, it is already joint property, and it will not be easy to evict a former relative from the apartment.

As a rule, citizens are removed from the registration register as a result of a change of residence within the Republic of Belarus on the basis of a communication from the registration authority that registered a citizen at the new residence.

On this basis, the deregistration is based on a copy of an extract from the court ' s enforceable decision to evict an occupied dwelling, or to cancel, invalidate the civil contract on the basis of which the registration was made, or on the recognition of the citizen as having lost or not acquired the right to use the dwelling, or on the public prosecutor ' s announcement of the decision to evict him from an apartment that is in danger of collapse; it is therefore important to understand that if a citizen does not voluntarily wish to re-register another place of residence on the basis of the registration, the judicial process is inevitable; as I have already noted, this is the case in conflict situations or where there is a dispute about the right.

The legal grounds for the eviction of one of the spouses The removal of the ex-husband from the apartment are governed by the rules of art.

If a person does not agree to leave the residence, the dispute can only be resolved by applying to the court for assistance; the legal grounds before asking how to evict the ex-husband must be determined as to the status of the real estate in question.

In such situations, the task of evicting the former spouse from the apartment becomes almost impossible.

According to the law, it is only in the marital relationship with the owner that the spouse is allowed to use square metres. When the relationship ends, a man loses his right to live in a living area. A former member of the family may be expelled from the living quarters in accordance with the law, and there are only two methods of eviction:

How to remove an ex-husband from the owner ' s apartment after divorce

• 31, 34, 35, 91, 103).

A couple's life together is not always a holiday, a romance, and an understanding, and often, having lived with each other for a while, people begin to think that they made a mistake when they entered into a marriage relationship and then decide on a divorce after a while.

Unfortunately, it was not always possible to resolve the situation peacefully, and the most common problem was the question of housing: the removal of the former spouse from the apartment could be a real headache for the owner of the dwelling if he had no idea of his rights under the law in force.

This article deals with how to deal with a difficult situation and to evict a former spouse or a co-habitant from a dwelling owned by a citizen under his or her right of ownership or listed on the municipality ' s balance sheet.

Rights and obligations of the parties

The case law on the eviction of the former spouse from the owner ' s apartment suggests that such a problem arises when, after the dissolution of the marriage, the former spouse does not intend to leave the apartment and continues to live there.

It would then involve forced eviction by bailiffs in the presence of witnesses, which could be based only on a judgement rendered in the course of the trial and issued in accordance with the provisions of the law in force.

The reasons for filing an eviction claim and deregistration of the former spouse are sufficient to do so by force but under the law; on the one hand, the Constitution of the Russian Federation (art. 25 and art. 40) guarantees the citizen ' s right to housing, however, eviction is considered a coercive measure and may occur in certain cases.

The rationale for such a decision is that the former husband (wife) ' s residence in the apartment is not always legal and therefore the constitutional rights of such a person will not be violated; there are a number of parameters to which the court draws attention.

In order to have an idea of how to evict the former husband from the apartment, if he is registered in the home or is the owner of the dwelling, it is necessary to study the situation carefully and to note the following nuances:

• Whether the former spouse is the owner of the whole (or part) of the dwelling;
• Does the citizen who needs to be evicted have a registration in the apartment?
• The legal status of the dwelling is acquired, privatized, donated or used by the tenants on the basis of a social welfare contract.

In exceptional situations, the judge may place the entire responsibility for the housing of one of the spouses on the hands of the plaintiff, in cases where the child or children remain with the former husband (or wife).

How to Evict an Ex-husband

The dissolution of marriage provides for the division of property which was acquired by the spouses during the marriage; the most difficult is the division of property, because it is a large sum of money and a place of residence.

In the absence of a marriage contract, the division of the apartment takes place on general grounds, i.e. in equal shares, with the exception of properties obtained by gift or by will.

At the end of divorce and property-sharing proceedings, the question arises as to how to evict the former husband from an apartment bought during marriage or from a residence with a different legal status; in fact, the situation may be different, so consider each option in greater detail.

From a privatized apartment

In order to avoid possible difficulties and problems related to the eviction of a former spouse from a privatized apartment, a detailed analysis of the rights he has with respect to housing should first be undertaken.

If the husband or wife is directly involved in the privatization of the dwelling, he or she shall be the owner of the property, and the share of the property shall be the same; in such case it shall be impossible to evict the spouse from the dwelling, since he or she is also the owner of the dwelling and has all legal rights over him, including the right of residence.

Article 292 of the Criminal Code of the Russian Federation sets out one point that must be taken into account before proceeding with the preparation of a complaint to a court.

If, at the time of privatization, a citizen was registered in an apartment but wrote a refusal to participate in the procedure in favour of the second spouse, he or she shall be entitled to use the premises for life.

In such circumstances, it is also not possible to remove him from his home.

The only way to evict the ex-husband from the apartment, if he is not the owner, is to file a complaint, provided that the citizen was not registered in the apartment at the time of the privatization and did not write the rejected documents.

From a gifted or inherited apartment

The law explains how to evict from the husband's apartment after divorce, in the case of real estate acquired by the spouse on the basis of inheritance or as a gift, and no matter how long the wife's place of residence is, before marriage or during the marriage, the decision is taken automatically after the dissolution of the marriage.

If the marriage is terminated, the second spouse loses the right to reside in the home.

In the event of refusal, the eviction will be enforced after a court decision has been handed down.

A gift contract or a certificate of right not to inherit may be the basis for this; if there is a complete list of the necessary documents, the court shall order the defendant to leave within a certain period of time.

From a municipal apartment

Some difficulties may arise when an ex-husband is evicted from a municipal apartment; the likelihood that his/her intention will be fulfilled is very low because the social security agreement for each of the said tenants gives equal rights, including the right to live in an apartment.

Even if the husband does not act as an employer but is prescribed in the apartment, the law reserves the right to own such a dwelling, and the only way to resolve the situation is to find a suitable way to change the dwelling.

An exception to this situation is the fact that the spouse behaves immorally and socially, where it is possible to evict a citizen permanently, and the reason for the eviction may be to move a citizen to another city or housing.

If he is not the owner

There will be no difficulty in evicting the ex-husband from the apartment if he is not the owner of the dwelling and the other spouse owns the apartment.

If he refuses to comply with this condition, the owner of the apartment may request the expulsion of the citizen through the court; a model application for eviction of the former spouse can be easily found on the Internet or contacted by a lawyer.

In such circumstances, the law will protect the right of the owner and will most likely take the decision and the eviction; in the future, this can be done by means of bailiffs.

A list of documents for the eviction of the ex-husband can also be obtained from a lawyer, obtained in court or consulted at the end of this article, and there are a number of rules under which the other spouse may remain in the apartment, regardless of the owner ' s application to the court:

• If the second spouse has an obligation to pay maintenance to the former wife (husband), the accommodation claims may be made as a substitute;
• When the former spouse does not have the opportunity to buy or rent housing, the court will meet with him and allow him to live in the apartment for up to a year until he finds it.

If the owner decides to sell the dwelling, the court ' s decision shall terminate and the former spouse shall leave.

From the service home

The removal of the former spouse from the service home also has a number of nuances; there is a special arrangement for the use of the apartment, which is the property of the employer ' s organization; the agreement for the provision of a dwelling stipulates, with knowledge, that the employer ' s family does not have the right to operate the dwelling separately and is obliged to move out in such a situation.

The exception is the fact that relatives do not have the means to provide for themselves in another place of residence, so that they are temporarily entitled to stay in the premises, but only for a specific period, as stated by the court.

If the employer is deprived of his or her right to use his or her dwelling, for example, if he or she is dismissed, his or her spouse will not be able to occupy his or her apartment.

Procedures for dealing with such situations

The article had already stated that eviction could be voluntary or forced; in the first case, the parties reached a general agreement and then decided on their own time limits for the release of the apartment; such an option did not require recourse to the court.

The second option is forced eviction: this option is used by the owner of the dwelling when the former spouse does not wish to be released voluntarily; in order to ensure that an unpleasant tenant is removed, care should be taken to prepare the claim and attach all the necessary documents to it.

The court proceedings may make the situation of minor children, as well as the various nuances relating to the apartment itself, more difficult, and may significantly increase the length of the proceedings and have a negative impact on the outcome of the case.

To watch a useful video

What kind of documents are needed for a lawsuit?

In order to go to court, it will be necessary to prepare a documentation package that confirms the plaintiff ' s right.

• Right-making documents for accommodation;
• Home Book;
• Exit from EGRP;
• The certificate of termination of the marriage;
• A bill of payment for the Ministry of Public Works (200 roubles for individuals);
• A statement from the personal account of the non-payment of rent;
• Written evidence or testimony.

Careful consideration should be given to the preparation of documents because the judge would check all the attached documents and make a final decision on the basis of them.

Time frame for eviction

At the time of the final decision, the court takes into account various external factors; attention is paid to the financial security of the citizen and his or her other real estate; under satisfactory conditions, the eviction must take place as soon as possible, within seven days.

It is sometimes impossible to do so, and in this case, the court meets the ex-husband and gives him some time to stay in the apartment while he resolves his housing problems, which may range from two months to one year, but the judge may extend the period according to individual circumstances.

Judicial results

In order to evict the former spouse, it is necessary to have legal grounds to deal with the problem of the owners of their own property, which has been privatized without the participation of their husband or wife, and which has been inherited or transferred as a gift. In other circumstances, eviction may not take place because it is contrary to the law.