How to evict your ex-husband from an apartment if he is not the owner and is not registered

Statement of claim for eviction of a roommate

Get help drafting and filing a claim to evict a roommate right now! Fill out the feedback form with a lawyer: briefly describe the situation, indicate your name and contact phone number, submit an application and receive a consultation from an experienced family law specialist for FREE!

Is there such a problem? If you own the property, you can demand the removal of any obstacles to the ownership of the property.

We recommend reading: Social Security payments are

Owned by the other spouse

If all or part of the living space is the property of the ex-spouse, then it will be practically impossible to evict him from there. Not a single court will agree to deprive the defendant of his property. The only exception can be if the spouse has debt obligations; only in this case is it possible to evict for debts.

Let us conclude that it is quite possible to evict a former spouse, unless he is the owner of the relevant living space.

In any case, you should be patient and collect all the necessary documents and evidence so that the court makes a positive decision. And it is still worth contacting a specialist who specializes in such cases in order for the case to have a guaranteed positive outcome.

How to kick your husband out of the house?

It is believed that women are obliged to save their marriage by all means, but this is not always possible. Often everything ends after a divorce. but sometimes even an official divorce does not help, and then the question arises of how to kick the ex-husband out of the house. It’s worth saying right away that this question will be appropriate only if you have finally decided to “burn all bridges” and do not allow thoughts about a possible future together.

Naturally, you can only take decisive action if numerous persuasion has not brought any results, and now a stranger continues to poison your life with his presence.

Often the problem is not so much the inability to get rid of your ex-spouse, but rather the lack of an idea about your future life.

Proceedings through the court

Determining your own rights in the courtroom can be completely different. It all depends on each specific situation.

It should be noted that if a couple does not have children in common, then everything is resolved quite easily and simply. But under certain circumstances the situation can become very complicated.

It is very difficult to evict a wife from an apartment if there are children together. Moreover, even from your own apartment. Often the court allows children to live with their mother.

In special cases, the court may allow the once-beloved lover to remain with her husband until the children reach adulthood. The situation is no less difficult with women carrying a child. There is no direct prohibition that would help evict a pregnant spouse from a house or apartment.

It is important to remember that family law does not allow breaking off relations with a pregnant wife. Therefore, it is also impossible to discharge her from the apartment.

Grounds for going to court

If the former spouse, who has lost the right to reside due to the official voluntary dissolution of the union, refuses to leave the apartment, then its owner can evict him in court.

Only the owner of the apartment has the right to do this. It should be noted that if a person who is not registered in a given home refuses to move out on his own, then the only justified and legal action is to go to court.

Statement of claim and other necessary documents

Before visiting the court, you need to collect a package of necessary documents that confirm your position from a legal point of view.

Copies of these papers must be attached to the claim, with the exception of bank documents on payment of the mandatory fee.

A law firm employee will help you draw up the appropriate application.

He has an example of how to correctly write this appeal to a government agency.

The court's decision

If there are any controversial issues regarding the eviction of the husband from the premises, the wife should file a claim in court.
At the end of the trial, an appropriate decision will be made, which must be implemented unconditionally.

If the court has made a decision according to which the former lover must be evicted from the once common home, then the bailiffs must monitor this process.

Bailiffs, together with representatives of law enforcement agencies, will carry out the procedure for forced eviction from a house or apartment.

How to kick your husband out

Has your relationship reached a dead end? Have you not felt like a wife for a long time, since your husband simply lives with you in the same apartment, but does not fulfill his direct duties? Then you should read this article to the end to find out how you can force your husband to move out of the apartment after the end of the relationship.

After all, it often happens that the husband simply does not want to leave the apartment, while you are already officially divorced or things are heading that way.

We recommend reading: child support after adopting a child

In what cases will a roommate not be evicted?

Many people ask whether it is always possible to evict a roommate?

Despite the difference in situations, the law identifies several grounds when it will not be possible to evict a common-law husband/wife:

1. The cohabitant is included in the social tenancy agreement as a family member - and the agreement has not yet lost legal force.
2. The person being evicted is raising minor children and has nowhere to live - the courts often cooperate and grant a reprieve (see “Eviction of minor children from residential premises”).
3. The cohabitant has health problems (for example, incapacity or disability of I-II degree).
4. Availability of mortgage payment receipts on a par with the owner of the apartment.
5. Participation in the reconstruction or repair of residential premises - for which there must also be confirmation (checks, receipts, invoices, contract agreements, receipts).

How to kick out your roommate

In social forums you can often come across the question - ? Here we mean a man who lives together without official registration with his partner and is in a close relationship with her. If the impossibility of further living together with your partner, no matter what the reason, forces you to end all relationships, but you are faced with the problem of evicting your cohabitant from your living space, you will, in all likelihood, need to resort to the help of third parties.

Sponsor of the placement P&G Articles on the topic "" How to draw up a statement of claim to be discharged from an apartment How to privatize an apartment without the consent of everyone who is registered How to get on the queue for affordable housing

How to evict a roommate from an apartment if he is not registered there?

The easiest way is to evict a cohabitant without his consent, if he is not registered in the owner’s apartment. But you need to remember that not all categories of tenants are subject to eviction.

The owner cannot evict:

• Dependent (disability + living with the owner of the home for 1 year or longer);
• Family member (by consanguinity or official marriage).

A cohabitant may be included in the first category, provided that he is financially supported by the owner of the apartment. Most likely, he will have “immunity” from eviction. If the cohabitant is not a dependent and is not registered in the apartment, eviction occurs as usual.

Example:

While vacationing in Turkey, Ivleva met Cherkasov. Mutual sympathy arose, and upon returning from abroad, Cherkasov moved in with Ivleva. Registration in the apartment was not completed, because... the man was registered with his mother. Soon disagreements arose - Ivleva wanted to live with a “real man,” but her roommate did not work anywhere and abused alcohol. It happened that Cherkasov created inconvenience for his neighbors in the stairwell. Tired of endless conflicts, Ivleva turned to the district police officer with a complaint about her roommate. She said that the apartment belongs to her by right of ownership, Cherkasov is not registered there, violates public peace and does not want to move out voluntarily. The district police officer responded to Ivleva’s appeal, and soon Cherkasov was evicted from the apartment along with his belongings.

Procedure

Law enforcement agencies deal with issues of eviction of unwanted tenants. If the cohabitant is not registered in the apartment, the owner has every right to evict him even without consent. This is due to the provisions of Art. 209 of the Civil Code of the Russian Federation.

Instructions on how to evict a roommate if he doesn’t leave:

1. Try to persuade him to move out voluntarily.
2. Give notice of eviction within the prescribed period.
3. Submit an application addressed to the district police officer.
4. A police officer will visit the apartment, check the documents, and draw up a report on the residents living in the apartment.
5. Drawing up an act of forced eviction of a cohabitant.
6. Resident notification.
7. Eviction from the apartment within the agreed period.

The owner of the apartment will not even need to resort to judicial recourse. It is enough to present documents for the apartment and declare that the roommate is an unwanted guest.

You can read more about the eviction of illegally residing people in our separate article.

Documentation

So, the eviction should take place in the near future - what documents will be needed from the apartment owner?

Prepare:

• an application addressed to the local detective officer (full name, rank, address of the stronghold and telephone number can be found on the business card or on the website of the Ministry of Internal Affairs);
• Russian passport;
• document of title (for example, an apartment purchase and sale agreement);
• extract from the Unified State Register of Real Estate (new version) or certificate of ownership (old sample);
• an extract from the house register - about how many people live in the apartment (no information about an unregistered roommate).

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The very fact that the homeowner wants to evict his former partner is enough. But you can support your intention with evidence .

For example:

• testimony of neighbors and family members;
• the conclusion of the housing inspection about the violations of the cohabitant;
• copies of reports from the police, prosecutor's office (deviant behavior of the tenant);
• photos, audio and video recordings.

In a word, even if your roommate does not leave, you can find justice for him. Provided that registration in the owner’s apartment was not issued.

Statement to the police (sample)

An application to evict a tenant is filed at the local police station at the place of residence. The owner of the apartment must write an application on a ready-made A4 form in two copies.

Contents of the statement to the district police officer:

• Full name of the detective;
• title, position (current or temporary);
• Full name, passport details, address, telephone;
• further – by;
• description of the current problem, parties, right of residence, absence of such right, etc.
• information about the warning, notice or requirement to vacate voluntarily;
• an indication of the violated rights of the owner;
• request to pay a visit and take action (for example, evict an unregistered cohabitant in the apartment);
• Date of preparation;
• personal signature.

The applicant submits two copies of applications to the duty station or personally to the local police officer. You need to receive an application back with an acceptance stamp (spoof).

Deadlines

Verification of the requirements stated by the applicant usually takes 3 working days . Next, the district police officer contacts the owner of the apartment and arranges a visit. It is advisable that the cohabitant and his things be in the apartment - as proof of residence without registration. Eviction occurs within a period agreed in advance - no more than 6 days (but more often a week is given).

Legal grounds

Before wondering how to evict your ex-husband, you need to understand what the status of the residential property in question is. There are three main types of housing:

• in property purchased before marriage by a husband or wife, or gifted to one of them;
• housing that was privatized during marriage;
• state apartments, the owner of which is considered to be a representative of the municipality.

Depending on who owns the living space and on what rights, the process of deregistration takes place. For this reason, the court does not always take the plaintiff’s side. In such situations, the task of evicting the ex-spouse from the apartment becomes almost impossible. Let's consider what problems may arise on the way to deprivation of the right to reside.

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

Procedure and procedure

In order to resolve the dispute, the woman needs to contact the judicial authority and obtain a ruling, which she then submits to the bailiff. The specialist acts in the following order:

1. Study of the writ of execution.
2. Issuance of a resolution to initiate proceedings.
3. Calling a man to offer voluntary consent to accept the terms of the decision.
4. If it is not possible to resolve the issue, a document is drawn up that assigns a fee for payment.
5. The bailiff goes to the location of the property.
6. Delivery of a notice indicating the exact deadline by which the apartment must be vacated.
7. Forced eviction.

The procedure is carried out in the presence of two witnesses.

Statement of claim

A claim for eviction of a former spouse (sample) must contain the following information:

1. Name of the judicial authority.
2. Personal information of the plaintiff and defendant. You must provide your address and contacts.
3. Document's name.
4. Description of the situation, indicating the number of children and other family members. Report known facts about your husband's real estate. If violations were committed on his part, this also needs to be written about.
5. Links to norms of legislative acts.
6. Requirements.
7. List of accompanying documents.

The plaintiff does not have the right, if the court rejects the case, to re-apply to higher authorities.

Required documents

The plaintiff additionally attaches to the application:

Legal grounds for eviction of one of the spouses

The removal of a former spouse from an apartment is regulated by the norms of Article 31 of the Housing Code of the Russian Federation “Rights and obligations of citizens who live together with the owner in residential premises belonging to him.” The fourth part of this article establishes that former spouses do not retain the right to reside in residential premises belonging to their husband or wife after the official termination of family relations. After going through the divorce procedure, the owner of the property has the right to demand the eviction of a now stranger.

The parties can draw up a settlement agreement to establish possible rights to the use of residential premises by a former family member. This can be done by the parties themselves, or the court can make such a decision. The following circumstances may serve as the basis for making such a decision:

• the evicted spouse does not have the opportunity to use or purchase other housing;
• the ex-husband/wife has a low level of financial support;
• other valid reasons (considered on an individual basis).

The court may rule that the defendant temporarily retains the rights to use the housing for a period established during the trial. Typically, the time period when the ex-spouse can live at the previous address is from 6 to 12 months, but can be extended by court order.

Important! The judicial authority may make a decision according to which the owner of the property will be obliged to provide other housing for the ex-spouse if such owner of the premises pays alimony in favor of the evicted husband/wife.

Who can demand that the ex-spouse move out of the apartment?

The owner of the premises can demand that the ex-husband or wife be evicted. Article 36 of the Family Code of the Russian Federation (RF FC) defines the exclusive personal right of ownership of housing as follows:

• the apartment or house was purchased or belonged to one of the spouses before entering into legal marriage;
• real estate that a husband or wife received as a gift during marriage;
• the living space was inherited by one of the spouses during the period of the marriage;
• the residential premises were received by one of the spouses under another gratuitous transaction.

When it will be impossible to demand the eviction of a spouse

There are situations when it will be unrealistic to evict an ex-husband or wife. The statement of claim will not even be accepted in court, it will be rejected for lack of grounds. Possible options due to which resettlement will become impossible look like this:

• housing belongs to both spouses;
• the apartment was privatized with the approval of the ex-spouse;
• the apartment belongs to the husband or wife as sole property.

In the first case, this means purchasing an apartment during an active marriage and registering it as the property of one of the spouses. The Family Code determines that this property will belong to both spouses because it was purchased while they were still married. Even if a lawsuit is brought against the ex-spouse in order to terminate his rights to use the apartment, his objections about the legality of using the housing and demands to recognize his property rights will be accepted and approved by the court.

If the apartment was privatized when the spouses were married and lived together in the apartment, they both have equal rights to live and use the housing, despite the fact that according to the documents, one person is the owner of the residential premises. Federal Law 189-FZ of the Russian Federation, in particular its 19th article, determines that the norm of the 4th part of Article 31 of the Housing Code of the Russian Federation does not apply to former family members of the owner of privatized living space, if at the time of the privatization procedure of municipal property they lived in this address and had equal rights of use with the person who privatized the premises.

Reasons for eviction

Use of residential premises for purposes other than their intended purpose

The main and only purpose of the residential premises, according to Art. 288 of the Civil Code of the Russian Federation and 17 of the Housing Code of the Russian Federation - this means people living in it. Anything else it can be used for is illegal. No industrial production or carrying out business activities not provided for by law! Otherwise, you may simply lose your home.

An example from recent judicial practice:

In the city of Irkutsk, one enterprising owner, through a serious redevelopment, made hotel rooms out of three residential premises he owned, which he rented out with enviable regularity, disturbing the peace and normal living of his neighbors.

The city administration, which acted as a plaintiff in the trial, conducted an appropriate investigation based on the residents’ complaints, which confirmed the use of residential premises without any permits for other purposes, contrary to the law.

The court first issued an order to the defendant to eliminate existing violations and brought him to administrative responsibility. However, the owner ignored the order, continuing to let visitors into the makeshift “hotel.”

Then a new lawsuit was filed in court with the following grounds::

• as a result of the use of residential premises for purposes other than their intended purpose, the rights of neighboring residents continue to be systematically violated;
• the owner does not eliminate the results of illegal redevelopment, carried out in violation of existing sanitary, fire and construction standards and without obtaining the required approvals.

The defendant did not appear at the court hearing, and the court fully satisfied the claim of the city administration (acting on behalf of the residents) to deprive the unfortunate entrepreneur of ownership rights to residential premises used by him for other purposes.

Systematic violation by residents of the legal rights and interests of residents living in the neighborhood

What is “systematic violation of the legal rights and interests of residents”? Let's understand the concept. These are not any actions of antisocial neighbors, but only those in which the object of the violation is the residential premises. For example, renovation work in violation of the original layout, new construction or refurbishment of housing without the appropriate permits, obstruction of the provision of utilities to neighbors, and so on. On these aspects, detailed explanations are given in paragraph 4 of Article 687 of the Civil Code of the Russian Federation and Article 98 of the Housing Code of the Russian Federation.

An example of the above would be the following case:

In the Murmansk region, the Administration of the territorial entity filed a lawsuit against a certain citizen N. Regarding her eviction from a comfortable apartment due to mismanagement of this very apartment. And also for systematic violation of obligations to pay for utilities.

What was the “mismanagement attitude” expressed in? In constant drinking parties, noisy feasts with loud music and shouting long after midnight, fights, as well as littering of living quarters and common areas, creating other recorded disturbances to the rest and quiet living of neighbors.

For all violations, all kinds of warnings and orders were repeatedly issued against the tenant of the living space. Citizen N. was repeatedly brought to administrative responsibility over the course of 5 years and warned of possible eviction. However, this did not have any positive consequences.

The result is disappointing: the owner of the apartment was evicted from the area she occupied, without providing other housing. By a court decision, citizen N. was also ordered to fully pay her utility debt. So “mismanagement” of housing is considered a very good reason for eviction from it.

Mismanagement of residential premises, leading to its destruction and damage

As for the mismanagement of housing, which led to damage or even destruction of the latter, 2 options are possible:

1. Actions whose purpose is to break or destroy (such as illegal redevelopment, damage to communications and engineering equipment, violation of sanitary standards for housing maintenance).
2. Inaction, as a result of which something broke, collapsed, or became unusable (for example, the owner or tenant did not make repairs for years, did not repair broken equipment, etc.).

Example from life:

In the city of N., the court made a decision on the sale at public auction of premises belonging to a certain citizen. He made a redevelopment in his apartment, which significantly reduced the overall service life of the entire residential building. Neighboring residents, forced to live in conditions of constant danger, contacted law enforcement agencies.

First, the court, following a claim from the prosecutor’s office, held the owner administratively liable and ordered him to eliminate the consequences of the illegal redevelopment, returning everything “to normal.” However, the court decision was ignored. After which the city prosecutor came forward on behalf of the residents with a new claim against the citizen - this time about depriving him of his property rights, as well as selling the converted housing at auction. And the second claim was also satisfied.

Important nuances

1. Both the owner and the tenant can be evicted from a residential premises. The main thing is the regular recording of violations and the obvious ineffectiveness of more lenient punishments. It’s better to complain collectively - at the entrance or at home.
2. Neighbors do not have the right to file an eviction claim in court on their own. This can only be done by law enforcement agencies (for example, the prosecutor's office) or local administration. This is where you need to go.
3. The Civil Procedure Code of the Russian Federation prohibits the eviction of the owner from his only home.
4. You can evict someone only by a court decision.
5. It is necessary to fight antisocial neighbors, but you need to stock up on patience, nerves, time and resources. And it’s worth trying the peaceful path first - maybe it will be less expensive?

Who is a cohabitant from the point of view of the law?

The so-called civil marriage, which has become widespread among the people, is not regulated in any way by law. In other words, according to the law, there is no relationship between a man and a woman living together other than a civil one. Accordingly, they do not fall under the Family Code of the Russian Federation.

For example, persons living together, but who have not registered their relationship with the civil registry office, cannot jointly own property as spouses. They have the right to register it as shared ownership (Article 252 of the Civil Code of the Russian Federation), but nothing more.

Living with a cohabitant in an apartment is only possible if the owners have nothing against it. If they decide that a resident needs to leave the premises, they must do so voluntarily and immediately. When this does not happen, the presence of a cohabitant in the living space is considered illegal.

We can say that the cohabitant is in the apartment or house “with bird rights.” In case of violation of the rules of residence, he may be brought to administrative or even criminal liability.