Can a homeowner write out a person. How to discharge an ex-husband from an apartment
As a rule, the problem of spouse's discharge arises after a divorce, and, as a rule, even with difficulties, it is solved. But sometimes people break up, but formally do not get divorced, or live on the territory of someone else’s parents. Or did they get together to get a divorce, but everything is postponed, and he drinks and rowdy?
When you need to discharge your husband from the apartment
And the question arises: how to discharge a husband from an apartment before a divorce, because if he lives separately, then you have to pay a rent for him. But he doesn’t want to be discharged or is just too lazy to go to instances. And if the wife’s parents were going to sell their apartment, and he, not wanting to move anywhere, impedes this process - who will buy the housing with an encumbrance? So is it possible to discharge a husband from an apartment before a divorce, and if so, how can this be done?
Get out of the apartment before the divorce
In accordance with article 31 of the Housing Code of the Russian Federation, the spouse has the right to use the premises on an equal basis with the owner. If they register him there, of course, this is a right, and not an obligation of the owner of the housing, who has not only the right to use, but also the right to own and dispose.
This is exactly the same with the extract. The owner has no obligation to endure another person indefinitely - he has every right to deprive him of the right to use at any time. That is, it is quite possible to discharge a husband from an apartment before a divorce. Neither the Housing Code, nor the Family Code, nor any other legal act contains such a ban.
Order husband by court order
True, it can be difficult to prove this in court (and you can only discharge your husband, like any other person, from the apartment only in judicial procedure) - and some judges are affected by stereotypes, and therefore it is better to involve an experienced lawyer professional in housing disputes in this process. In this case, the costs of legal assistance in protecting their rights and legitimate interests in accordance with applicable law as a result fall on the losing side. Therefore, the whole process for you will turn out to be just free.
Help of an experienced lawyer
Such a professional is Oksana Vladimirovna Kostyuchik, who has significant experience in resolving such conflicts. She will preliminarily (and free of charge) advise you on this topic - how to discharge your current husband from the apartment. Then, if necessary, she will act as a mediator between you and your husband, that is, he will explain to the parties their rights and obligations, as well as the consequences of certain actions. Or simply prepare documents and represent your interests in court.
Divorce in modern realities means more than ending family relationships, but also the settlement of many property issues. For example, the termination of the right of a former relative to use the housing on which he lived during marriage.
Since traditions prescribe the provision of housing for the husband to the family, the problem most often arises of how to discharge an ex-wife from a privatized apartment, acting within the framework of the law.
Grounds
The main reason for the deprivation of the former spouse's right to housing, proclaimed and protected by the Constitution, of course, is divorce, that is, the collapse of the family.
Since the issuance of the relevant document, spouses who have become ex are no longer relatives.
But there is a number interesting pointsregarding the time of privatization of the apartment:
- If the housing was privatized by the husband before the marriage, then it completely belongs to him and his wife does not have any property rights, after the dissolution of the marriage it will be simple to write it out.
- If privatization occurred during family life and the wife participated in it, becoming the owner of a share in the apartment, then she will not be able to write her out.
- If the wife voluntarily refused to privatize the apartment received during the marriage in favor of the spouse or child, then she cannot be discharged, she retains the right to live in it for life.
- If the wife already has a share in the privatized housing and therefore did not participate in the privatization, then she can be discharged.
Not retained right ex-wife for living in an apartment received by her husband free of charge: that is, donated or inherited. Or if the procedure for the division of real estate and its use after a divorce is prescribed in a marriage contract.
And the housing purchased over the years of marriage will have to be divided, as it will be considered joint ownership. That is, the wife and husband have equal rights to him.
Legislation
The right of every person to housing is enshrined in the basic law of the country - the Constitution of the Russian Federation, where, among other things, it is said that only a court can deprive this human right.
Consequently, if the ex-wife refuses to voluntarily leave the apartment that does not belong to her, to which she no longer has the right, she will have to initiate legal proceedings in order to prescribe the former relative.
The norm that relatives recognized as former lose their right to use housing is also available in the Housing Code, which has been in force since 2005.
According to this law, a wife loses the right to live in her husband’s apartment after a divorce, if she does not have any rights to it that are subject to documents. Or a court ruling that granted her a reprieve so that she could solve her housing problem.
Initially, after the LCD entered into force, not only the ex-spouse, but also the children left with her after the divorce turned out to be discharged “into the street”. However, soon accumulated jurisprudence made adjustments to the provisions of the law.
A child cannot be recognized as a former relative; you cannot divorce him. Consequently, he does not lose the right to reside in his father’s apartment.
How to discharge an ex-wife from a privatized apartment
So, the answer to the question whether it is possible to discharge an ex-wife from a privatized apartment is positive.
It remains only to comply with all the rules prescribed by law in order to remain the sole owner of the former family housing:
- Get a divorce certificate. This is the main document that will indicate the absence of the former spouse family ties with the landlord.
- Ask your wife to check out voluntarily. To offer her, if necessary, some time for fees and paperwork.
- In case of refusal to file a lawsuit on the ex-wife’s discharge from the apartment without her consent.
- With the court’s decision, go to the passport office and remove the former relative from the register.
This general order will have a number of features, depending on various circumstances. Let's consider them in more detail.
For debts
In the event that the ex-wife retains the right to reside in the spouse’s apartment, it is worth splitting the utility bills. In the case when the bills are not paid, and the woman herself actually lives in another place, you can try to write her out for debts. The court may take this argument into account.
But, this is only possible if the wife is not the owner of a share in the apartment. It is impossible to evict the owner even for debts.
The former spouse who refused to privatize is very problematic. But it is still possible, if she has other housing in her property, she has not lived in this apartment for many years and does not pay the rent.
Not the owner
The ex-wife, who does not have any property rights to the apartment, to write out, even without her consent, is quite simple. But only through court. You can’t do this simply by contacting the passport office.
Therefore, having attached to the lawsuit all the documents relating to the terminated marriage and the right to own the apartment, one should go to court and resolve this issue.
The court may take into account the woman’s lack of other housing. In this case, she may be given time to search for a new apartment, during which she will be able to live in the apartment ex-husband. However, after this period, she will have to leave someone else's living space.
Without agreement
Registration of registration at the place of residence, which is indicated by the usual term "registration", does not give the right to the apartment of the spouse. But you can evict a former relative only after discharge, since registration confirms the lawfulness of residence.
Either the ex-spouse herself can do this voluntarily, or she will have to do everything through the court.
Only a court decision will be sufficient reason to write out the ex-spouse without her consent.
But again, it is worth remembering that even a court cannot write out the owner of a share in an apartment or a family member, even if the former has signed a voluntary refusal to privatize. In these situations, only the ex-spouse herself can be discharged.
With child
Unlike his wife, the child does not lose legal ties with his father. If he is not deprived of parental rights, of course. The Family Code recognizes the right of children to live in the housing of both parents. And even when the court leaves them with their mother, they can live in their father’s apartment.
If there is no dispute between parents about living in an apartment, and the ex-wife agrees to write herself out, without bringing the case to court, discharge of the children may be impossible.
The fact is that in addition to the consent of the parents, permission of the guardianship authorities is also required. To get it, you will have to provide evidence that the mother has another living space where you can register a child. Only then will it be allowed to write them out of the father’s apartment.
Procedure
Divorce rarely takes place without presenting various claims and clarifying the relationship. The division of family property and the resolution of the issue with the apartment is far from always amicable.
Therefore, it is not surprising if the ex-wife does not want to leave the husband’s apartment at his first request.
Going to court
If this happened, the issue will be decided by the judge of the district court. It is he who is subject to housing disputes, including those related to the discharge of former relatives from other people's apartments.
The court must be selected at the location of the disputed apartment.
Statement of claim
The basis for consideration of the case will be a lawsuit. This is a document setting out who and for what reason goes to court.
It also sets out everything:
- circumstances;
- actions taken by the parties;
- references to violated law.
At the end, a request should be made to recognize the ex-wife as having lost her right to reside in her husband’s apartment.
In addition to the application itself, the following documents will be required:
- certificate of eligibility for an apartment;
- divorce certificate;
- receipt of state duty;
- other information, a list of which is better to clarify in advance.
The court's decision
Having examined all the evidence and after hearing the parties, the judge will decide on the recognition of the former owner as having lost the right to live in the apartment and deregistration of it.
