Statement of claim for eviction of a former family member of the owner (sample)

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Having officially dissolved the marriage, the former spouses cease to be relatives, and all their joint obligations cease or change. In particular, the spouse who is the owner of the residential premises has the right to evict the other from the apartment belonging to him.

If the ex-husband (or wife) leaves the living space voluntarily, then no problems will arise, but often the ex-relative does not want to move out. The reasons may be different: he does not have alternative housing, the disputed apartment is more comfortable for living, the ex-husband hopes that if they continue to live together, the marriage will be restored.

In this case, the apartment owner can only evict the unwanted “neighbor” through the court.

When you can and when you cannot evict your ex-spouse

Evicting a non-owner's ex-spouse from a residential premises is an inalienable right of the owner of an apartment or house. His powers are based on his legal right to use, own and dispose of residential premises in his ownership.

But there are often situations when one spouse-owner cannot evict the other, even through the court. Eviction is not possible if:

1. The residential premises are the joint property of the former spouses. in this case, they both have equal rights to the apartment and, accordingly, it is impossible to evict either one or the other.
2. A marriage contract was drawn up, according to which the non-owner spouse retains the right to reside in the residential premises after the divorce.
3. The husband-owner pays his wife alimony for their joint child. In this case, the court will grant a deferment on the eviction of the mother and child until she finds alternative housing. Moreover, the court may oblige the ex-husband to find such alternative living quarters for his ex-wife.
4. One of the former spouses refused privatization in favor of the other. In this case, the law guarantees the non-owner the right to lifelong residence in the residential premises of the former spouse-owner.

Let's summarize. Eviction from a residential premises is possible only after termination of the right to use. In cases where this right is retained even after a divorce, eviction of the second spouse is either impossible under any circumstances or is associated with great difficulties.

So, you have divorced, you are the owner of the living space and you want your ex-spouse to leave it. What to do? The first and mandatory step is to notify your former relative that he has lost the right to use your apartment and invite him to voluntarily move out. Sometimes this notice is enough for the unwanted tenant to leave your apartment.

Compliance with the pre-trial settlement procedure (notice of eviction) is a mandatory stage in the eviction of a former spouse. Without such notification, the court will not accept the eviction claim.

And only if the ex-husband or wife does not respond to your notice and does not want to leave the premises on their own, you, as the owner of the apartment, have the right to proceed with forced eviction by filing a claim in court.

What difficulties might there be?

The law protects the interests of low-income citizens. Even if the owner proves that the family connection with the person has been lost, the court will refuse to evict the citizen.

Who cannot be evicted from a residential premises:

• young and minor children;
• dependents, provided that they are dependent on the owner and have lived with him for the last year;
• disabled people of groups I and II;
• grandparents who are related.

Special mention should be made about relatives who previously refused to participate in privatization. By their decision, they guaranteed themselves the right to permanent (lifelong) residence in the owner’s apartment. An impending divorce is not one of the grounds for eviction of such an ex-spouse.

Difficulties with eviction also apply to cases with joint property of spouses. For example, if people ceased to be husband and wife, but an apartment was purchased during marriage, the real estate is considered jointly acquired property (Article 34 of the RF IC). It is difficult to say how the spouses are going to divide the common apartment, but one thing is clear - eviction in this case is postponed.

The following circumstances are considered worthy of attention:

• job loss;
• difficult financial situation;
• need for medical care for health reasons;
• lack of your own apartment;
• impossibility of renting another home.

Considering these and other reasons, the court may delay the eviction of the former family member.
Or, if possible, oblige the owner to find and provide the tenant with alternative housing. Divorced spouses do just that - they exchange a shared apartment for two separate residential properties. For example, the husband remains in Moscow, and the ex-wife moves to St. Petersburg. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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How to properly file a lawsuit to evict your ex-spouse

The most correct step when drawing up a statement of claim for eviction is to seek help from lawyers. This will avoid possible mistakes and, accordingly, delaying the eviction process.

Of course, this procedure is not free; assistance in drawing up documents will cost, depending on the region, from one to several thousand rubles. But if a clause is added to the claim requiring the defendant to recover all the plaintiff’s legal expenses, ultimately, in the event of a positive court verdict, all the plaintiff’s expenses will be reimbursed by the defendant.

The plaintiff can draw up a claim on his own; to do this, it will be necessary to understand some of the nuances and legal subtleties necessary to draw up a statement of claim.

1. The most correct way would be to compile the document in electronic form. In this case, the plaintiff will be able to quickly make the necessary amendments and changes, add necessary items and delete unnecessary ones.
2. It is necessary to adhere to the template, that is, you cannot skip any points or change their places.
3. The document must be drawn up in legally competent language, without the use of slang words, offensive definitions, spelling or legal errors are unacceptable.

If these rules are not followed, the court may either not accept the claim for consideration at all, or return it for revision and correction, in which case the eviction process may be delayed.

How to file an eviction claim (algorithm):

1. Decide exactly what claims you want to make and how legal they are.
2. Find an application form or a sample. You will find a sample of filling out a statement of claim to evict a former spouse below.
3. Draw up a statement of claim, following the prepared template. It must be remembered that the sample document only shows an example of what the claim should look like; you must draw it up based on your specific situation.
4. It is necessary to indicate information about all participants in the process: the judicial body to which you are submitting the application, the plaintiff and defendant, as well as third parties whose presence in the process will be necessary.
5. Attach the required documents, listing them in a numbered list.
6. At the end of the statement of claim, you will need to put the date of filing the claim and sign (with the obligatory decoding of the signature).

Content:

1. Is it even possible to file an eviction claim? 2. What are the chances of your eviction claim being successful? 3. How to justify your demand for eviction from an apartment? 4. Where to go for forced eviction?

According to Rosstat, every year in Russia more than 100 thousand people receive housing under social rent conditions [1]. Many of them tie the knot, and the spouses become family members, acquiring the same rights under the social tenancy agreement as the employer.

Meanwhile, more than half of marriages end in failure [2]. As a result, we are faced with a situation where people who are no longer connected by anything are forced to live together. None of them has any advantages due to the principle of equality established by Parts 2 and 4 of Art. 69 of the Housing Code of the Russian Federation.

Marriage is just a special case. Similarly, the tenant can move other people into the apartment as family members: mothers-in-law, brothers, sisters, nieces, friends, etc.

No matter how their relationship develops in the future, if everyone remains to live in a given living space, then it is almost impossible to deprive a neighbor of this right. However, if one of the tenants moves to another place of residence, then the prospect of his eviction from the apartment by court becomes real. You can learn about other ways to resolve housing issues from our video “Housing disputes (eviction, determination of the procedure for using an apartment, forced purchase of a share)”:

In this article, we will consider the main nuances associated with the proceedings of cases of eviction from a municipal apartment.

Sample statement of claim for eviction of ex-spouse 2020

The statement of claim for eviction of a former spouse must have the following content:

1. Details of the judicial authority to which the claim is filed.
2. Personal information of the plaintiff and defendant.
3. Information about third parties involved in the process (if any).
4. Information about witnesses in the case who must be invited to court.
5. Grounds for filing a claim.
6. Description of the reasons why the plaintiff lost the right to use the residential premises.
7. Mention of attempts at pre-trial settlement and how they ended.
8. Substantiation of the plaintiff's claims with references to legal acts, according to which the defendant lost the right to reside in the apartment.
9. The claims to the court, in this case they will sound like this: “to evict the person who has lost the right to use the residential premises _________.”
10. Numbered list of attached documents.
11. Date and signature.

Sample letter of claim for eviction

Who is a legal family member?

For the purpose of applying housing legislation, family members of the owner are defined as spouses, children and parents living together with the owner in the premises owned by him.

Other persons exercise the rights of the owner's relatives regarding the use of residential premises belonging to him in cases where they are moved in by the owner as family members.

Housing legislation considers the same composition of persons to be members of the tenant's family, but with some features. Thus, family members of the tenant under a social tenancy agreement:

• spouses, children and parents living with the tenant
• other relatives living with the tenant, who were moved in by the tenant and maintain a common household with him
• disabled dependents living with the employer, installed by the employer as family members

IMPORTANT : in exceptional cases, other persons may be recognized as members of the employer’s family in court

Based on the above, family members of the owner or tenant run a common household, live together and are settled as relatives or recognized as relatives of the owner/tenant in court.

Regarding a family member of the employer, the specific requirement of Art. 69 Housing Code of the Russian Federation. Relatives must be indicated in the social tenancy agreement with the appropriate status.

VIDEO on the topic:

State duty

The state duty for any claim of a non-property nature is 300 rubles. To pay the state fee, the plaintiff must clarify the details in the district (or city) court where he intends to file a claim. Payment can be made:

• at any bank through the cash desk;
• in any terminal that supports such a function;
• using online banking.

In the second and third payment options, you will need to have the receipt certified by the credit institution that holds the account from which you paid the state fee.

Procedure for appealing to the courts

The court considers applications made in writing if the document was drawn up personally by the plaintiff.

The application must be submitted to the court office along with other documentation that is required to consider the merits of the case.

Filing a claim to evict a former spouse from the living space

The document is drawn up according to the following template:

Additional documents

First of all, when submitting an application, proof of the legal position is proof of ownership of the apartment.

This kind of documentation includes a house register, an extract from the Unified State Register of Real Estate, the agreement on the basis of which the apartment was purchased, as well as title documents for housing.

Documentation is submitted certifying the plaintiff’s right to demand the removal of the former spouse. These are certificates of divorce.

In addition, to begin legal proceedings in a specific case, you will have to provide bank receipts certifying the fact of payment of the state duty (originals).

Read a sample statement of claim to the court for eviction from a municipal apartment here.

Sample claim form

In the _________________________ District Court of the city ____________________________________ Plaintiff: ____________________________, place of residence: _______________________ _______________________________________ _______________________________________ (telephone, email address) Defendant: ____________ place of residence: _______________________ _______________________________________ _______________________________________ (telephone, email address)

apartment owner to evict his ex-spouse

Based on the purchase and sale agreement No. ___ dated “___”__________ ____ (copy attached), I, __________ (plaintiff), am the owner of a ___-room apartment with a total area of ​​______ sq. m. m, located at: ___________________.

During the period of acquisition of the specified real estate, I _______ (was not married; was married with the conclusion of a marriage contract). In the period from “___”_______ ____ to “___”______ ____, in accordance with __________, I was married to the defendant. For joint family residence, I registered my ex-wife (my ex-husband) - ___________ - and daughter (son, children) - _____________ _____ year of birth in the indicated apartment at the place of residence.

By the decision of the __________ district court, the marriage between me and the defendant(s) was dissolved (a copy of the divorce certificate is attached).

According to paragraph 4 of 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.

Since the family relationship between me and the defendant(s) - my ex-wife (my ex-husband) - has been terminated, the right to use the residential premises - the indicated apartment belonging to me at the address: ______________ - is not retained by the defendant(s).

I have repeatedly offered to assist the defendant in finding another place of residence so that she (he) can live separately and leave (left) my apartment, especially since she (he) has legal grounds for living in it. No. However, she (he) does not take any action to resolve her housing issue and move out of my apartment.

It should also be noted that the defendant’s parents have a ___-room apartment in the city ___________ (a copy of the extract from the Unified State Register is attached). But she (he) did not want (wanted) to move in with them. “__”_________ ___ I offered the defendant to vacate my apartment by __________.

By virtue of paragraph 1 of Art. 35 of the Housing Code of the Russian Federation, in the event of termination of the defendant’s right to use the residential premises, she (he) is obliged (obliged) to vacate the apartment (stop using it). If she (he) does not vacate the apartment within the prescribed period, then she is subject to eviction at my request based on a court decision.

Based on the above and in accordance with Articles 31 and 35 of the RF Housing Code, as well as Articles 131, 132 of the Code of Civil Procedure of the Russian Federation

Evict the defendant from the ___-room apartment owned by me, located at the address: _____________.

1. A copy of the statement of claim for the defendant.
2. Copies of title documents for the apartment.
3. A copy of an extract from the house register.
4. If it was concluded, a copy of the marriage contract.
5. A copy of the divorce certificate.
6. Copies of children's birth certificates.
7. A certified copy of the court decision on divorce.
8. A copy of the extract from the Unified State Register.
9. Other documents confirming the plaintiff’s arguments.
10. Document confirming payment of state duty.

Plaintiff __________________________ _________________ (full name of plaintiff (representative))

(signature) “__”________ ___ g.

Video: Eviction of ex-spouse: