When I was in college, I fell in love with a classmate. She lived in a hostel. Then they moved in with my parents. When they graduated from the institute, they signed and at the family council they decided to register her in our apartment, she needed a residence permit to get a job. Soon a son was born. And then everything went wrong. She left home, went to live with her boss. She took the child with her. The family broke up. In fact, she is my ex-wife, but we have not yet divorced. I want to buy an apartment on a mortgage as a young scientist and move out from my parents, but her consent to the mortgage and the purchase is required. But she doesn't. Moreover, she promised to register the second child, whom she expects from the boss, in the parental apartment. We are all in shock. How to write an ex-wife?

We note right away that from the point of view of Russian legislation, until the moment of divorce, even though you actually broke up, the marriage is valid, and, accordingly, the wife is not “ex”. As well as all your actions in terms of acquiring or alienating property acquired in marriage, the consent of the spouse is required.

The same applies to the settlement and registration of the child at the place of residence of the mother. The child will be registered at the place of residence of the mother without your consent or the consent of your parents. The Family Code allows this, and Article 65 requires the consent of only the second parent of the child. Therefore, your first step should be a divorce. By virtue of the fact that you have a joint child, then it is necessary to divorce through the court. Because there is no jointly acquired property, then the divorce will take place through the magistrate's court, at the place of permanent registration. During the divorce, it is necessary to determine the place of residence of the minor. The court usually determines his place of residence - together with his mother. After the divorce, it will be possible to proceed to the second part.

Discharge of ex-wife without consent

Dismiss ex-wife without consent is possible only through the court. For the court, it will be necessary to confirm that the divorce took place, the wife lives elsewhere, and does not want to voluntarily discharge. Moreover, if the world court has established that the child must live with the former spouse, then it is necessary to write it out only together with the child. If the court left the child with the mother, and the ex-wife does not live in the apartment, there should be no problems in the court.

Let's consider the case when the dwelling is on the right of ownership. Or is there a question, as the people say, about an extract from privatized apartment.

According to the Code of Civil Procedure of the Russian Federation, all owners of the disputed residential premises file a statement of claim with the court, demanding that a citizen be removed from permanent registration due to the loss of his right to use. If the former spouse is not the owner of the home, then he participates in court as a third party. He does not file a claim.

Is there a significant difference whether the former spouse lives in a privatized apartment or does not live?

There is no difference for the court, because the owner has the right to demand that any person be deregistered from the dwelling belonging to him (except for cases stipulated in Russian legislation). The rights of the owner are inviolable.

The order of discharge from a private house does not differ from the discharge of a person from a private apartment.

How to write an ex-wife out of a municipal apartment?

When we are faced with the problem of how to write an ex-wife out of a municipal apartment, the first question we ask is, does she live in this apartment? If he lives, then even a divorce will not lead to a positive resolution of the issue with an extract. By moving the now ex-wife into an apartment constituting the municipal housing stock, the tenants endowed her with the same rights that they themselves had. Now they are all equal. Including the right to use housing.

If, as in the question asked, the ex-wife does not live in the apartment, then this will be the basis for her discharge - the basis for the actual non-residence in the dwelling, and, therefore, the independent termination of the right to use the dwelling. Non-residence should not be a month, two, but at least a year.

The lawsuit is filed by both the ex-husband living in the apartment and all other tenants. If the husband left the apartment, then all the other tenants.

Features of deregistration of the ex-wife:

1. The statement of claim is filed with the court at the location of the disputed premises (the place of permanent registration of the discharged person). Housing disputes, even those not related to the contestation of property rights, are resolved only by federal, and not by magistrates' courts.
2. Following the procedure, before the judicial settlement of the dispute, the ex-wife must be notified of the requirement to be removed from the permanent registration.
3. Until the entry into force of the court decision, the ex-wife has the right to move and register her minor children in the disputed housing
4. Despite the presence of a statement of claim in court proceedings, the ex-wife has the right to move into the disputed residential premises and live in it, the basis is permanent registration in the dwelling. Permanent registration at the place of residence is the consequences of acquiring the right to use it.
5. The ex-wife may not appear in the trial, while the trial will take place.

Instruction

After a divorce, the ex-wife does not lose her rights to housing, even if this apartment is municipal. The easiest way to stop the registration of an ex-wife at a given address is to negotiate with her. If you remained in a good relationship after the divorce, then it will be enough just to talk heart to heart, give your arguments, listen to the opposite side. And the issue will be resolved.

If it is problematic enough to agree with your wife, you will have to go to court. True, she will be discharged without problems only if her actions fall under Article 91 of the Housing Code of the Russian Federation. That is, if your ex-wife is a violent hooligan, an alcoholic or a drug addict, then she will be deprived of registration at one moment. However, this still needs to be proven. Therefore, for such a court session, you will need to collect testimonies and other documentary evidence of your words.

In other cases, it is almost impossible to write the former spouse out of the apartment without her consent. Even if she doesn't pay utility bills. This rule is spelled out in Article 71 of the LC RF. The only option that you can use in this case is spelled out in Article 72 of the LC RF. Under the law, you can insist on a forced exchange. Thus, the ex-spouse will be discharged automatically.

As for the end of registration of the ex-wife in a privatized apartment, there are some nuances here. So, for example, without any problems you can write your spouse out of your living space if it was bought and privatized before marriage. The same applies to the apartment donated to you. In these cases, you are the sole owner and can make decisions on the registration of a member of your family in your apartment.

If the living space was acquired by you during marriage, then you will not be able to write out your spouse. In order to solve the problem with the section of square meters, you will have to go to court. He will determine the procedure for the division of property and the size of the allocated shares.

As for children, the situation is even more complicated with them. It is prohibited by law to discharge minors from privatized housing. To deregister a child, you must provide him with an equivalent share in another dwelling. However, there are also some pitfalls here. According to the law, a child cannot be registered in a residential area without at least one of his parents. And this means that you need to allocate a share either in the apartment in which you are directly registered, or additionally allocate a share to the mother of the child.

It is easier to write a child out of a municipal apartment if he actually lives with his mother in another place - where she is registered. In this case, on the basis of a court decision and the consent of the guardianship and guardianship authorities, it is possible to deprive the child of registration in your living space.

Housing is still the most important issue. Very often it leads to quarrels, breaks, litigation. In the first place is the problem of termination of registration after a divorce. To resolve all housing issues, you should contact a lawyer or read the Housing Code Russian Federation.

Instruction

If you are the owner of a privatized dwelling.
According to paragraph 4 of Article 31 of the Housing Code of the Russian Federation, the right to register in your apartment in the case of former family members is not reserved. That is, your ex-wife automatically loses the right to reside in this housing area. You just need to apply to the court, providing a certificate of divorce. By a court decision, your wife's registration will be terminated. The same Housing Code contains an important remark: if the discharged ex-wife does not have a housing area where she could register, the court may oblige her to provide housing.
If the marriage between you is not dissolved, then during the court hearings you will need to prove the reason for deregistration. For example, confirmed data on the application to you, as the owner of the apartment, may serve as justification. You can refer to registration without your consent, etc. As a full owner, you have the right to decide for yourself who to provide the opportunity to register in your apartment. The consent of the person you are trying to deregister is not required.
These rules do not apply to your minor children. Pay attention to article 20 of the Civil Code of the Russian Federation, which states that “the place of residence of minors under 14 years of age” is the place of residence of their parents. That is, the child has the right to live both in your living space and in the mother's apartment. It is important to take into account the following circumstance: any attempt to change the place of registration of the child, which will lead to a deterioration in his situation, will be considered a violation of the rights of the child. In this case, it is best to contact a professional lawyer, and during the trial, refer to the actual residence of the child in another living space with his wife (ex-wife).

If you are a residential tenant.
You can deprive a person of registration in such an apartment:

a) with the consent of the person himself;

b) by a court decision in connection with the appeal of the owner of the apartment;

c) by a court decision in connection with your appeal.
Thus, if you could not agree with your wife, you should:

1. Contact the owner of the apartment with a request to terminate the registration of your wife and child. The owner of the apartment will have to write an application to the court demanding the termination of registration. At the same time, the landlord may also refer to a threat to the material condition of the living space or life and health.

2. Apply to the court personally with a statement that living with your wife poses a threat to other tenants and the owner of the home, and also worsens the condition of the living space.

3. In accordance with article 83 of the Housing Code, it is possible to require the owner of the apartment to terminate the rental contract due to the fact that the person living with you (your wife) actually lives in another place. To do this, you will need evidence of a person's residence in another territory. The owner of the apartment will need to apply to the court with an application for the cancellation of registration in connection with the termination of the lease agreement. After that, you can simultaneously renew the contract, indicating only you as an employer, excluding the registration of your wife and child together with you.
The eviction of a child from the apartment in which you live under a contract of employment is possible only if the owner of this housing area applies to the court.

In the event that the living space is a jointly acquired property, it is impossible to terminate the registration of another owner of the housing upon your application. That is, if both you and your wife are the owners of the apartment, then it is not possible to write out either her or the child.

note

After the abolition of the institution of propiska and the introduction of registration, it is necessary to go to court to remove a person from the registration register.

Registration is possible simultaneously at two or more addresses.

For registration, you can use the services of the FMS website

Registration of citizens and removal from it is regulated by Government Decree No. 713 and its numerous editions. To discharge children from the grandmother's apartment, one should take into account on what basis they were registered in it, as well as their age.

You will need

• - application to the department migration service;
• - documents for the apartment;
• - identity documents;
• - power of attorney;
• - order of guardianship;
• - application to arbitration court.

Instruction

Minors are registered in the housing where their parents, legal representatives or guardians are registered. Therefore, they will be able to remove the child from the register, if he was registered in your apartment and you are a grandmother, at the written request of the parents or one of them, if they change their place of residence and from your apartment.

If you have been issued a notarized power of attorney, for example, due to the fact that parents, guardians or legal representatives cannot personally contact the migration service department to make an extract, then you have the right to issue it yourself on the basis of a power of attorney.

If the child is the owner of the apartment or has ownership rights to part of it, then in order to make an extract, contact the guardianship and guardianship authorities with a written application. You can only apply on your own behalf if you are the guardian or legal representative of a minor. Otherwise, parents, guardians or legal representatives are obliged to do so. Direct discharge is possible only if there is a decision of the guardianship authorities signed by the head of the district administration.

With temporary registration, it automatically ends upon the expiration of the period specified in the application that was submitted before registration or on the basis of the application of the homeowner upon deregistration.

If parents, guardians or legal representatives do not want to be discharged themselves and remove the child from the register, then an extract is possible only by a decision issued in court. To do this, you should apply to the arbitration court with an application from own name.

Related videos

Sources:

• Registration and deregistration

Advice 4: How to write a non-resident out of an apartment ex-husband

Love passed, and the former spouses parted. But it also happens that the husband still remains registered in the apartment where his ex-wife stayed to live. In this case, the issue of an extract arises, since his presence affects utility bills or slows down the process of selling an apartment. It is quite possible to write a non-resident ex-husband out of the apartment.

Instruction

If the housing is not privatized, but your ex-husband, living separately, does not pay for utilities, do not rush him, then you will not be able to write him out without a court, because according to Article 71 of the Housing Code of the Russian Federation, the temporary absence of a family member of the tenant does not entail a loss of the right for him . But you can apply to the municipality and demand that the non-privatized apartment be forcibly exchanged. If such an exchange is not possible, then you have the right to go to court with a claim to recognize the ex-husband as having lost the right to use housing. The basis for this can be considered his voluntary move to another room or apartment and the refusal to maintain the disputed apartment. After receiving a positive court decision, you can resolve the issue with its extract.

In the event that the apartment is in your ownership and was acquired by you before marriage, the issue can be resolved faster. According to Art. 31 of the Housing Code of the Russian Federation, your spouse's ownership of this apartment terminates automatically at the time of dissolution of marriage with you. You can write your ex-husband out of the apartment without his consent. File a lawsuit for his eviction in court, referring to part 4 of article 31 of the LC RF. Based on the court decision, you can write him out of the apartment.

It also happens that you lived and were registered with your husband in the apartment of your relative. The apartment was owned by a relative, and he then gave it to you. In this case, you can also write your ex-husband out of it, since under Article 292 of the Civil Code of the Russian Federation the ownership has passed to you, and this is the basis for terminating the right to use this apartment by your ex-husband. You can also write it out on the basis of a court decision on eviction.

note

Statement in administrative order are carried out by the competent registration authorities on the basis of a court decision on eviction.

Helpful advice

If you regularly paid utility bills, including those for your ex-husband registered in the apartment, then you have the right to demand through the court compensation for the amounts paid instead of him.

The institution of registration that exists in Russia significantly complicates various housing transactions. However, there are various conditions under which someone, such as a spouse, even those registered in service housing, can be discharged from the apartment.

Instruction

Find out if the wife agrees to voluntarily check out of the service apartment. In this case, it will be enough for her to apply to the passport office with an identity document and write a corresponding application. After that, it will be removed from registration, about which a special stamp will be placed in the passport.

In the absence of the consent of the spouse, specify on what basis she settled in this apartment. If she is a responsible tenant, there is little chance of her being evicted. You can only agree on who will live in this apartment and on what basis.

If you received the apartment, and the spouse is registered in it for family reasons, make further decisions depending on your current marital status. If you are going to part with your wife, then first issue. At the same time, service housing will not participate in the division of property, since it does not belong to you. After that, sue the former family member for deregistration. However, a positive solution to the issue is not guaranteed. If this is the only residence of your already ex-wife, then her registration can be preserved. In this case, you have the right

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Very rarely, during a divorce, ex-spouses manage to peacefully resolve all property issues, especially when it comes to an apartment. It would seem that it can be difficult to discharge an ex-wife - family ties are broken, which means that the right to live in the husband's living space should be canceled automatically. But, in practice, not everything is so simple: firstly, a person can be forcibly discharged only in court, and secondly, when considering a case, the judge pays attention to many factors, such as the status of housing, the distribution of shares between former spouses, the presence of a minor child and so on.

Is it possible to discharge an ex-wife without her consent

According to Article 31 of the LC RF, after a divorce, a husband has the right to write his wife out of his apartment, but only on the condition that the spouses have not previously concluded a written voluntary mutually beneficial agreement on the preservation of property rights in the event of a divorce. If such a document is not available, the eviction of a woman and the accompanying removal of her from the register is possible both at her voluntary request and forcibly by a court decision.

Foundations

In accordance with the provisions of the Constitution of the Russian Federation, every citizen of our country has a legal right to housing, therefore, for his forced discharge, there must be good reasons, such as:

• after the divorce, the husband transferred the municipal housing into ownership, and the wife registered in the apartment did not take part in the privatization;
• a woman does not live in this apartment for a long time or evades paying utility bills;
• the marriage contract states that after the divorce, the apartment becomes the property of the husband.

In principle, being the sole owner of the home, the husband can initiate a forced discharge at any time, but there are a number of exceptions to this rule. The court will not allow the ex-wife to be evicted from the apartment if:

• the woman took part in privatization and owns a share in a common apartment;
• the woman signed a refusal to participate in privatization in favor of her husband or children;
• the apartment was acquired by the spouses jointly after marriage, including in a mortgage;
• according to the terms of the marriage contract, the woman has the right to lifelong residence in the disputed apartment;
• this is the only housing and financial opportunities do not even allow renting an apartment for temporary residence;
• the disputed housing is municipal.

How to get your ex wife out of the apartment

If the former spouses managed to peacefully resolve all property disputes, and the wife agreed to check out of the common apartment voluntarily, then it is enough to come with a passport to the regional office of the UVM of the Ministry of Internal Affairs of the Russian Federation and write a corresponding application. In three working days she will receive her passport with a deregistration stamp. But when a woman does not even want to hear about eviction, then a lawsuit is most likely inevitable.

Procedure

The first thing you should start with, deciding to discharge your wife without her consent, is to still try to resolve the conflict without a trial. Pre-trial settlement of the dispute is a mandatory stage, and even if the conversations do not lead to anything, in the future they will be proof that, for your part, you have done everything possible to persuade your wife to leave voluntarily.

If the negotiations did not lead to anything, it is necessary to write a statement of claim to the district court at the location of the disputed property.

Procedure

Having decided to force the wife to deregister at the place of residence, it is necessary to act according to the following algorithm:

At the pre-trial stage:

• negotiate with your ex-wife;
• hand over to her a written request for voluntary deregistration.

You can learn more about how to properly file an eviction request on our website.

If the negotiations were unsuccessful, we begin to prepare for the court:

• draw up a claim;
• we collect evidence of the illegality of the ex-wife's residence in the husband's apartment;
• we collect the necessary package of documents;
• we pay the state fee.

Judicial stage:

• we submit the statement of claim together with the prepared documents to the office of the district court of general jurisdiction;
• we defend our position at the hearings;
• We get a writ of execution.

We remove the ex-wife from the registration register:

• we transfer a copy of the writ of execution to an employee of the regional department of the UVM of the Ministry of Internal Affairs of the Russian Federation;
• if the wife refuses to leave the apartment even after being discharged, we go to the bailiffs with the original document of execution and write an application for forced eviction (you can about eviction after a court decision).

An extract of a tenant on the basis of a court order is carried out by the registrar automatically without his presence.

Statement of claim

Drawing up a statement of claim is a very important stage and should be approached with maximum responsibility. Any error in the text or structure of the document may be the basis for refusal to accept it.

In the text of the application, it is necessary to indicate:

• the name of the court;
• Name and contact details of the plaintiff and defendant;
• essence of the question;
• references to existing evidence and legislation;
• a request for the forced discharge of the former spouse with her subsequent eviction;
• a list of all documents attached to the application;
• date, signature of the applicant.

After the secretary of the court checks the correctness of the claim, the document will be accepted for work.

Documentation

The mandatory package of documents for the court should consist of:

• receipts for payment of state duty;
• title documents for housing;
• certificate of ownership of property obtained from Rosreestr;
• extracts from the USRN;
• contracts, certificates, receipts and other documents indicating the loss by the ex-wife of the rights to the disputed property.

Price

The amount of the state duty for filing a non-property claim with the district court in 2019 is 300 rubles.

And you won’t have to pay for direct changes to documents at the migration authorities - this procedure is free.

Timing

Consideration of the statement of claim by the court office will take no more than 5 working days. One month is allotted for holding hearings, the court has exactly one month to make a decision and issue a court order on eviction, another 30 calendar days are given to the defendant to appeal the decision.

Nuances:

Before you start a forced discharge, soberly assess your options, because it may happen that the court, after hearing the arguments of both sides, will take the side of the defendant.

If the wife is the owner

If the apartment is the legal property of the wife, and the ex-husband is simply registered there, it is not even worth starting a forced eviction procedure, since a woman, unlike a man, has undeniable property rights to housing.

From a privatized apartment

1. A woman who voluntarily refused to participate in privatization in favor of her ex-husband has the full right to lifelong residence in the disputed housing. The court will grant your request for an involuntary discharge only if it can be proven that the defendant owns other housing.
2. A woman who is not the owner of the disputed apartment, but has the financial ability to this moment rent another home and move, most likely, the court will give time to look for a new place of residence, all this time the spouses will have to live together.
3. If the wife is the legal owner of half of the common apartment, she can only leave voluntarily. It's pointless to go to court.

From a council flat

The owner of the municipal apartment is the district administration, therefore, any registration actions in relation to this real estate must be carried out with its permission.

An extract from the ex-wife at the initiative of the husband is possible only in two cases:

1. The woman has not lived at her registration address for more than six months and evades paying utility bills.
2. Due to the debauchery of the ex-wife, her drunken gatherings with friends, damage to property as a result of her actions, her husband's living conditions became unbearable.

For debts

When the ex-wife does not fulfill her part of the obligations on the rent, the husband who lives with her has every right to demand the forced eviction of the debtor through the court. But, if a woman has a lifelong right to live in an apartment due to a voluntary refusal to participate in privatization in favor of her husband or is the owner of a share in jointly acquired property, most likely the claim will not be satisfied.

With baby

If a child was born to a married couple before a divorce, then it will not be possible to forcibly write him out of either a municipal or a privatized apartment, but in relation to his ex-wife, the husband has every right to initiate the procedure for forced deregistration, but only if there are sufficient grounds for this .

If the homeowner is neither the child's father nor the adoptive parent, then he can discharge the ex-wife (not the owner) along with her child at any time, but only through the court. In this case, both the mother and the child must be indicated as defendants in the application.

Without agreement

Forcibly depriving a person of the right not to live in a disputed residential property is possible only through a court. All other attempts to evict a tenant from an apartment through the use of blackmail or physical force are illegal and may become a reason for initiating criminal proceedings against you.

Possible difficulties

• If the housing is official, for example, issued to the family of a military man, disputes often arise over who should file a lawsuit for the forced removal of a woman from the registration at the place of residence - the former spouse or the owner of the apartment.
• From the moment of receiving a certificate of divorce, the relationship between the spouses automatically disappears, the only thing that can bind two people from that moment on is the presence of common children. A child born in a privatized apartment automatically becomes the owner of its share, and it is impossible to forcibly write him out of there. And since courts often leave children to live with their mothers, it will be very difficult to forcibly evict an ex-wife. In addition, a woman can put forward a counterclaim to her ex-husband to provide them with a child with decent housing and material support.

Arbitrage practice

The main reason for the forced discharge of former spouses through the court is the dissolution of marriage with the automatic termination of kinship. In addition, when making a decision, judges pay attention to many additional factors, such as:

• financial security of the defendant;
• the presence of a woman in the property of other housing;
• general minor children.

Example. After the divorce of the Solovyov family, the husband continued to occupy municipal housing, and the wife, without leaving contact information, left the apartment. After some time, the man had a new woman, and the happy couple decided to get married, but first they wanted to finally break all old ties and write Solovyov out of the apartment.

Solovyov immediately filed an application with the district court. The claim was accompanied by a certificate of divorce, copies of receipts for rent, in the payment of which Solovyova had not taken part for more than two years, a social contract of employment.

After reading the text of the claim, the defendant expressed disagreement with some of its points. According to the woman, she was forced to temporarily move out of the disputed housing due to the socially dangerous behavior of her ex-husband, who tried in every possible way to ruin her life. In addition, the defendant convinced the court that she was ready in full in as soon as possible pay off rent arrears. To prove her words, Solovieva brought several neighbors who confirmed the antisocial behavior of the plaintiff.

After listening to the arguments of the parties, the judge decided to dismiss the claims of Solovyov's claim, to preserve Solovyova's right to live in the disputed apartment in full.

Need a lawyer

If you have to write your ex-wife out of the apartment, but you don’t know how to do it, contact the specialists of our website. They will be able to provide you with free advice, advice on how and where to apply.

In general, if the voluntary discharge of the former spouse is impossible, then it is better to contact an experienced lawyer in the field of housing disputes. He will be able to:

• to achieve pre-trial settlement of the dispute;
• draw up a claim;
• collect the necessary documents;
• go to court and protect your interests there;
• enforce the judgment.

• Due to the constant change in legislation, by-laws and judicial practice, sometimes we do not have time to update the information on the site

Hello. My ex-wife has been divorced for six months, we live separately, the children live with me, the former takes them only for the weekend, I would like to write her out of the house, I am the only owner, what to do. The former lives in a rented apartment. how to discharge a wife after a divorce Collapse Victoria Dymova Support worker Pravoved.ru Similar questions have already been considered, try to look here:

• Can I write my ex-wife out of the house through the court?
• Can my ex-wife be discharged from my father's private home without her consent?

Lawyers' answers (7)

• All services of lawyers in Moscow Division of jointly acquired property Moscow from 15,000 rubles. Drawing up a claim for the division of jointly acquired property Moscow from 7000 rubles.

Dismiss ex-wife

The term is set by the court, based on the property status, the presence of children and other factors.

• Part 4 of Article 31 of the LC RF:
• “If the former family member of the owner of the residential premises has no grounds for acquiring or exercising the right to use another residential premises, and also if the property status of the former family member of the owner of the residential premises and other noteworthy circumstances do not allow him to provide himself with another residential premises, the right to use the residential premises, belonging to the said owner, may be retained by a former member of his family for a certain period on the basis of a court decision.

The court may also decide to assign to the owner the obligation to provide housing for the former spouse, if the former is a person liable for maintenance.

Extract from the apartment of the ex-wife

This means that copies come out 2 (in the hands of the plaintiffs) + 2 (in the hands of the plaintiffs in court) + 1 (in the hands of the defendant in court) + 2 (to third parties in court) + 1 (judge) = 8. → Lawyers will draw up a statement of claim in court for discharge of a person Leave an application and lawyers will draw up a correct statement of claim to the court for the discharge of a person without errors. Without going to the office. Plus free legal advice.Pravoved.RU

How to write an ex-wife out of a private home?

The form of the document is a simple statement. In the right corner of the sheet, indicate the name of the court, your last name, first name, patronymic, address of residence. Write the details of your ex-wife: last name, first name, patronymic, address of residence.

The document will be called: Statement of Claim for the eviction of the former spouse. Indicate the documents that confirm your ownership of the apartment, write the address of the apartment when it was purchased.

Important

Information about the apartment must be exhaustive. When your marriage was concluded and dissolved, Does your wife have close relatives, her own property, a place to live.

References to the laws of the Russian Federation are also useful for business. Article 31, paragraph 4 of the Housing Code of the Russian Federation states that after a divorce, the former spouse must leave the living quarters owned by the second spouse if the apartment was received by him before marriage. Add to the application the requirement to evict the ex-wife from the apartment.

Thread: Get ex-wife out of the house

If the ex-spouse has a different living space, the judge will take this into account. The ex-wife, as the defendant, has to defend her interests and has the right to hire a lawyer for this.
There may be several court sessions, it depends on many factors.

• The court decision is announced. After the judge has considered all the demands and arguments of the parties, he will make and announce his decision. If the ex-wife (defendant) was present at the court hearings, then the court decision enters into force within a month after the announcement. This is called an end-to-end solution. If she was not present at any court session, then the decision can be both in person and in absentia (comes into force in a month and 7 days), this will be for the consideration of the judge.
  Decisions take effect under these terms only when the defendant has not filed an appeal.
• Get a copy of the judgment from the court office.

How to write an ex wife

Eviction through the court In order to write out the ex-wife through the court, the following documents are required:

1. divorce certificate;
2. certificate of ownership of the apartment;
3. extract from the house book.

How to write an ex-wife through the court. Procedure If a man is the owner of an apartment from which he wants to write his ex-wife out, he must draw up and file a lawsuit with the court, attach copies of documents to it (extract from the house, certificate of ownership of the apartment, certificate of divorce). The statement of claim describes the requirement: since the ex-wife is no longer a family member, the plaintiff, using the right of the owner of the apartment, demands to remove her from the registration, to write her out of the apartment by court order.

We evict a wife: about legal ways to discharge

The IC of the Russian Federation may recognize the property of each of the spouses as their joint property if it is established that during the marriage, at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses, investments were made that significantly increase the value of this property ( overhaul, reconstruction, refurbishment, etc.). In this case, the spouse may demand recognition of ownership of a share in the right (if she can prove the listed circumstances, and if the three-year period has not expired limitation period from the moment when she found out about the violation of her rights - as a rule, it is considered from the date of divorce).

The preliminary hearing is the preparation for the trial. In it, the judge listens to the demands of the parties and considers 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 USRR on the rights of an individual to his real estate objects. An extract must be requested for the former spouse. In the next paragraph, we will explain why it is needed. If the plaintiffs invite witnesses from their side to the court, then it is necessary to petition for them, i.e. provide a written statement or indicate them in the statement of claim.

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After that, a court date will be set. Summons are again sent to the defendant, but this time about the holding of a court session.

• Conducting a court session.

At the beginning of the court session, the judge will announce the requirements for the claim.

Is it possible to discharge the ex-wife of your home

It also matters when your ex-wife was registered in the apartment. If she does not own the apartment and was registered in the apartment after the ownership passed to you, this is a good basis for her hassle-free discharge. If the apartment was privatized for you, and your ex-wife renounced the right to privatize, she will retain the possibility of legal residence in your apartment even after the divorce-division of property. You can't evict her on your own. Contact a real estate and housing law lawyer to correctly draw up a claim and develop a legal position.

If you need to write your ex-wife out of a council apartment, you need to prove that she actually lives in another apartment. It's annoying, but doable. Witnesses need to be brought in and written statements taken from them.

Family is the hardest social institution society. Its members are bound not only by kinship or marriage ties, but also by property rights. Often it is the latter category that causes a lot of contentious situations, and the main subject of the dispute is the living quarters. Contradictions become most aggravated after the family breaks up, that is, the marriage is dissolved. However, if you have the necessary knowledge, you can resolve this or that situation without unnecessary nerves and troubles. Contents of the article ○ Extract from a privatized apartment: ✔ Possible reasons and grounds.✔ Required documents.✔ Discharge procedure.✔ Discharge and eviction.✔ When cannot be discharged? ○ Extract from a municipal apartment: ✔ Reasons and grounds.✔ Documents.✔ Order of discharge.
Then he will listen to each of the parties or the lawyer, their additions, the testimony of witnesses and other third parties, and ask questions for clarification. What should plaintiffs do? The plaintiffs in the court session need to be told that the ex-wife, as former member family, has lost the right to use the apartment and the registration prevents her from freely using it. What articles of the LCD of the Russian Federation to rely on is written above. If the ex-wife 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 she lives in an apartment, then you need to prove that in addition to the apartment she has somewhere to live. To find out if she owns real estate, you just need an extract from the USRR on the rights of an individual to his real estate objects. We mentioned it above. This extract displays what kind of real estate this or that person owns.