Is it possible to expel an adult child from an apartment?

The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.

Moving into residential premises of citizens as members of the tenant's family entails a change in the relevant social tenancy agreement regarding the need to indicate in this agreement a new member of the tenant's family.
Does the owner have the right to expel a child from his apartment? Can the owner remove a child from the owner’s apartment? The law of the Russian Federation reserves the right of a citizen to dispose of his own property at his own discretion. But in order to complete a transaction for the alienation of real estate, it is necessary to deregister all residents of it. There will be no problems with the removal of adult citizens.

Discharge an adult child from the apartment if he is not the owner

If the father is deprived of parental rights, is serving a sentence in prison, or is declared mentally unstable, there is every reason to expel the child without his permission. What sanctions will follow in the absence of registration After receiving a birth certificate, parents are required to register the child at their place of residence within seven days, i.e. make him permanent or temporary registration. If parents do not intend to register their child, they bear administrative responsibility for violating the law and are required to pay a fine, the amount of which reaches 3.5 thousand.

rub. In this case, the child will be denied access to kindergarten, school, child benefits, and medical services.

Have you decided to remove an adult child from your apartment?

As you know, a child must have registration in the place where his parents live. It is impossible not to have a registration for a child, this is evidenced by Law No. 5242-1 (on the rules for moving citizens around the country), and by the legislation in general. The child must belong to a specific subject and region of our country, this is carefully monitored by the guardianship and trusteeship authority.

Therefore, if you are the new owner of an apartment in which a child was registered with his parents before you, you cannot discharge the minor yourself and through the court due to the fact that his parents do not have any other registration. Thus, the question posed at the beginning of the paragraph (is it possible to discharge a minor child from an apartment to nowhere) can be answered in the negative, however, there are a number of nuances that can help you understand the situation and perhaps find a way out.

Can I discharge an adult son if I am the owner of the apartment?

Many difficult situations may arise in life, due to which parents have to sign their son out of the apartment without his consent. Most often, this happens when a child resists moving to a new place of residence, especially if he is the owner of the home. But also, the child’s discharge may be required if he has already reached the age of majority. If there are no legal grounds for prohibiting the child’s discharge, this procedure can be carried out by following several rules. Is it possible? The court often deals with disputes between children and parents regarding the removal of a son from an apartment without his consent. Most often, the court sides with the child, since the decision is made from the point of view of the law.

Interesting: Application form for a job in a cafe

Secondly, you will be required to compensate him for the cost of his share in monetary or other terms. 5 If your son is a minor, then you will not be able to discharge him under any circumstances without the consent of the guardianship and trusteeship authorities. However, if you have the opportunity to buy him and his guardian (including the second parent) living space equivalent to his share (or corresponding to housing registration standards), then you will have the opportunity to discharge your son.

Is it possible to expel an adult son of a non-owner from an apartment?

The owner has the right to discharge a minor without the consent of the guardianship authorities. But if the court reveals facts of infringement of his rights, he can restore him in registration. Therefore, upon discharge, it is necessary to provide and take into account the following nuances:

Any actions related to the registration of a minor are carried out jointly with parents (legal representatives).
The right to sign when drawing up documents for children under the age of 14 belongs to their legal representatives.
A citizen from 14 to 18 years of age prepares documents independently, but in the presence of parents (or guardians).
If an adult has both a father and a mother, both must give consent to deregistration.
If a child is registered in the apartment of relatives, and the parents do not agree with his discharge, the issue is resolved through the court.

Parent discharges son

It is not always possible to remove children from their living space. In some cases, the court will be against such actions:

there is no permission from the guardianship authorities;
the house belongs to the offspring as a property or he has a share in the real estate, for example, he was a participant in privatization;
if a person is discharged without providing other housing in return or offering a smaller area;
when the issues are controversial, the court will most likely take the side of the minor. If the issue is considered after 18 years of age, then the situation may have a different outcome.

To discharge children, you will need to provide a certificate from the BTI both from the previous place of residence and from the new one, where the adult child can be registered. You will also need a house register. The application review period will be two weeks.

In any situation, it is necessary to take into account all the nuances. Sometimes it would be a good idea to seek professional help from a lawyer. Only in such a situation can everything be done legally.

How to remove a child from an apartment without parental consent?

A child under 14 years of age is deregistered only together with one of the parents.
To deregister, you must have proof that the child will be registered at a different address. Moreover, the conditions at the new place of registration must be no worse than the previous one. For example, you cannot discharge him from a separate apartment to a communal one.
A separate requirement may be that new housing is located in the same area as the previous one.
The reason for this requirement is that the child, when moving, has the opportunity to attend the same educational institution as before.

Children's rights in housing transactions

how to sell it, exchange it? the child is registered in the apartment. How to sell it, change it? Real estate transaction The minimum that a child is entitled to when dividing apartments the number of meters necessary for the child to purchase the discharge of a minor child Can I discharge my ex-husband from the apartment? registration of minor children Obtaining apartments when five-story buildings are demolished Privatization rights for my brother Selling an apartment with minor children I can’t register a child moving with children Sale in which a child is registered What does deterioration of a child’s living conditions mean? The child’s right to live in his grandmother’s apartment.

Is it possible to expel a minor child from the owner’s apartment?

1 How to discharge a minor child from an apartment
2 Discharge a child from a privatized apartment
3 If the child is not the owner
4 If the child is the owner
5 How to discharge an adult child from the owner’s apartment
6 Checking someone else's child out of your apartment
7 The owner’s right to deregister
8 How can I find out if my child has been discharged?

How to expel a minor child from an apartment Is it possible to expel a minor child from one’s own apartment? Of course, such a procedure is possible. It follows from the Housing Code that there is no prohibition on discharging a child.

However, there are certain restrictions that allow you to bypass some rules.

But if your children are endowed with at least some property in this apartment, then unfortunately you will not be able to deprive them of this. Thanks for the answer !

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Basics

Questions about how to expel your relative, including your own child, from an apartment after he or she reaches the age of majority are regulated by both the civil code and the family legislation of the Russian Federation.
Therefore, unfortunately, the possibilities of the property owner are significantly limited by the legislator. So, they are considering two ways to remove a citizen from apartment registration:

voluntary;
forced.

If the cohabitant has personal consent to move out, then no additional problems will arise. The parties only need to contact the Federal Migration Service to write applications from the parties to carry out the procedure. The participation of minors in this situation requires a slightly different approach.

In the age period from 14 to 18 years, children can make decisions about residence and registration independently, but with the mandatory participation of their parents.

Therefore, in order to avoid the possibility of parents abusing parental rights, guardianship and trusteeship authorities are also involved in the procedure.

It is almost impossible to remove an adult child from an apartment, since all children have guaranteed rights to use and dispose of family real estate on an equal basis with their parents. Those grounds that are generally valid for biological and adopted children cannot be applied.

Important! If before the birth of a baby in the family, housing was privatized, then it is impossible to discharge the child from the house, since all citizens who officially lived on square meters at the time of completion of privatization have equal rights with the owner of the property.

In addition, there are restrictions under which parents under no circumstances can forcibly remove a child from the apartment from the register:

if the child is a co-owner of a share of the home (inheritance, deed of gift and other types of transfer of property rights to minor citizens);
when re-registration is carried out in a new house with worse living conditions.

Procedure

At the same time, with regard to deregistration of an adult son, the mother and father have a number of opportunities to carry out a compulsory procedure. To determine whether adults can cancel their child’s registration without his consent, it is necessary to establish the presence of one of the following conditions:

if for a long time the child does not live at the registration address, but lives in the personal areas of the second parent (for example, the father has the opportunity to remove his son from the apartment register if he lives separately with his mother, whose living conditions are better than at the place of registration) ;
if the child is already an adult and has full legal capacity, and also has other alternative places for registration.

This is an exceptional list of features. Also included in a separate category of questions is the algorithm for de-registering a mother and baby together (for example, after a divorce). In this case, there is no question of the child’s consent, and the court will grant the father’s request only if the woman has a place to register in compliance with the proper living conditions for the child.

All controversial situations are resolved only with the involvement of the judiciary, and therefore the interested person prepares a petition to the court, and also collects the necessary documents and evidence. The court makes a decision after the hearing based on material evidence, as well as the testimony of all parties.

Package of papers

The court is one of the bodies that makes decisions on the merits, but does not participate in the collection of evidence, so the obligation to provide documents falls on the shoulders of interested parties.
And the final decision of the judge will depend only on the completeness of the package of papers. Thus, the main documents necessary to discharge a child from the parents’ home include:

plaintiff's civil passport;
personal documents of the defendant;
papers that confirm the plaintiff’s absolute ownership of the property;
original application;
home Book.

A special list of documents is formed depending on the individual situation and may include:

confirmation of permanent residence at another address;
conclusion of the guardianship authorities on checking the conditions in the plaintiff’s apartment and whether they are appropriate for the child;
confirmation of the child’s personal property where re-registration can be done;
witness statements.

If the main argument for revocation of registration is antisocial behavior and regular disturbance of the peace of neighbors, then you need to:

collect testimony from witnesses - residents of the entrance;
collecting signatures from residents with a request to evict a negligent neighbor;
copies of personal complaints about the defendant’s behavior that were sent to law enforcement agencies.

Plus, when making a decision on a dispute, the court analyzes the defendant’s solvency and his ability to independently pay for rented or personal housing, so it would not be a bad idea to obtain a certificate of the defendant’s income.

As practice shows, such disputes rarely end in the satisfaction of claims, since as arguments the defendant can rely on the lack of work, studying in higher educational institutions, which does not allow him to find a job, being a minor or poor health.

Therefore, the property owner needs to be patient and have a reliable baggage of evidence and arguments.

Discharge an adult child from the apartment if he is the owner

Adult children will have a claim to the living space if they are the owners or have inherited the property. How to discharge an adult child from a privatized apartment If a child is born, he cannot claim the property of his parents. Except in cases of registration of donation.

If the child participated in privatization, he has every right to his share of meters of living space and with the discharge he does not lose his legal rights to housing. In addition, even if he lives in another living space, there is no reason to deregister the owner. How to discharge an adult child in this case? You can challenge the transaction, as a result of which part of the property was transferred to him.

How to discharge an adult if he is registered After the termination of family relations, an adult is discharged from the apartment without his consent on a general basis.

How to expel an adult child from an apartment without his consent?

How to check out from a privatized apartment ? Nuances, misconceptions and main points Let's consider the frequently encountered problem of an extract upon divorce. Is it easy to be evicted from an apartment after breaking up a legal relationship?

The solution to this problem cannot be fit into some algorithm. By and large, each case is individual and requires an individual approach. no matter how much one would like to structure cases and solve them according to some already existing rules. How to discharge an adult child from an apartment? According to the law, the property of the parents does not pass to the child at birth. You can only give him an apartment, but rarely does anyone do this, only if circumstances force it. But if the apartment is privatized, and at this time the child lives in it, then he receives the right to a part of it.

Using maternal capital by purchasing housing may also require allocating a share to the child.

Is it possible to expel an adult child from an apartment?

Set of documents If all documents are available, permission is given to discharge the child without the mother’s consent. Documents to the migration service for the discharge of a child without the mother’s consent:

Received permission from the guardianship authorities.
Passport of the guardian or other person involved.
Application for deregistration.

If the child is over fourteen years old, then he fills out the application on his own behalf.

Documents for housing from which the child is being evicted.
Departure document.

Within a week, the child will be discharged from one apartment, and then, at the migration service department at the new place of residence, it is necessary to register him in another living space. Form No. 6 is filled out, passports, documents for new housing, and permission from the board of trustees are provided. The registration procedure will be completed in a week.

How to discharge an adult from an apartment Then everything is very simple. You go to the passport office, fill out the appropriate forms and that’s it.

In this case, the discharge of an adult child is carried out on the basis of a change in his place of residence. If you have municipal housing, it is impossible to deregister your adult child without his consent. The only way out in this case is to provide him with housing (buying a room or exchanging existing housing).

Do I have the right to remove an adult child from the apartment without his consent?

How to discharge adult children from an apartment? Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family. 2. Family members of the owner of a residential premises have the right to use this residential premises on an equal basis with its owner, unless otherwise established by agreement between the owner and members of his family.

Is it possible to expel my ex-husband from the apartment? A minor child has been assigned by the court to the guardianship of his mother (ex-wife), that is, she is his legal representative. The former head of the family is not going to move out of the apartment, he demands to share it, and demands one third for himself (which is impossible, since the apartment is registered for the children).

There is a case of assault on his part. The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family

The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, including temporarily absent members of his family, and the lessor - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of the relevant residential premises per family member is less than the accounting norm.

Can the mother write

My husband's mother is selling her house, can she discharge her son without his knowledge? Lawyer Melentyeva M.

WATCH THE VIDEO ON THE TOPIC: Cancellation of kempmeadows.com cases when donating an apartment is illegal

Good afternoon. A case involving a relative being evicted from an apartment. Our entire family is 3 people. Mom is 62 years old and her two children, I am a 31 year old daughter and a 33 year old son.

My brother and I are not officially married and we have no children. Our mother has been the owner of the apartment for a year; with my brother and I’s mutual consent from the notary, she privatized it. We have all been registered in the apartment for more than 15 years. My brother has not lived in the apartment for the last 2 years; we can only guess about his whereabouts.

Sometimes there is telephone communication, but he does not agree to meet in person under any pretext. My brother plays and regularly takes out loans from banks and microfinance offices. Creditors, of course, call and threaten my mother and me at his place of registration.

We are paying off part of his debts, but the situation is not improving. Please tell me, is there any possibility of getting him out of the apartment? We also have equal shares in a country house, inherited from our grandmother. There is an opportunity to register and live there, but my brother doesn’t want to register anything voluntarily.

When considering the claim of the owner of a residential premises to recognize a former member of his family as having lost the right to use this residential premises, it is necessary to keep in mind that, in accordance with Article 19 of the Introductory Law, the provisions of Part 4 of Article 31 of the RF Housing Code do not apply to former family members of the owner of a privatized residential premises provided that at the time of privatization of this residential premises, these persons had equal rights to use this premises with the person who privatized it, unless otherwise established by law or agreement.

Persons who, for any reason, refused to participate in the privatization of the occupied residential premises, but gave consent to it, retain the right to indefinite use of the residential premises, which they had under a social tenancy agreement. By refusing to participate in privatization, you and your brother acquired the right to use the apartment indefinitely.

He has no right to write him out. Hello, it will be difficult to deregister, since your brother refused privatization. He has every right to live in this residential premises, but he is also responsible for paying fees.

You are not obligated to pay the debt; you are neither a guarantor nor a co-borrower, so ignore the debt collectors. Real estate, if it is the only home, will not be taken away for debts.

Try filing a claim for eviction and deregistration.

Since he was moved in as a family member and acquired the right to privatization, but refused it, you cannot evict him and deregister him.

The only option is eviction due to the impossibility of living together, but a good evidence base is needed. You can read legal advice, useful articles, download sample documents and consult a specialist.

Questions on the topic: Is it possible to discharge my son from a privatized apartment for its sale? Do owners have the right to expel a mother and child from an apartment? Can owners expel a relative from a privatized apartment? Can a mother sign her son out without his consent if she is the sole owner?

Is it possible to discharge a mother from the apartment if her son is registered there? Can a father expel his adult son from the apartment? Can a mother-in-law sign her son's child out of the apartment? Is it possible to expel a mother from an apartment if she is not the owner? Legal advice:. Site search:.

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Can an adult daughter be discharged from a privatized apartment?

Tatyana, one lyric in the question. When were you born? When did mom privatize the apartment? Order an extract from the Unified State Register from the Russian Register.

I am 23 years old. My own mother wants to sign me out of the apartment where I am registered and live with my brother, grandmother and stepfather.

Can a mother discharge her son?

Consent to the processing of personal data. Personal data processing policy. Legal consultation. lawyers Order a document Search for answers Directory of lawyers. Questions and orders. Housing law. Looking for an answer? lawyers! Ask a Question. The author of the question is Anonymous.

Can a mother sign her son out of the apartment?

Can a mother remove her child from her apartment?

I specialize in discharging citizens in court. To expel a person from an apartment without his consent, you will have to go to COURT. This is expressly stated in paragraph.

If adult children, who are not the owners of the apartment, refuse to check out, are ignored, or contact with them is lost, you need to draw up a statement of claim and submit it to the court at the location of the apartment.

Usually in large cities these are district courts, in small towns and villages - city courts.

Can a mother expel her son from the apartment?

The rights of minor children on the territory of the Russian Federation are strictly protected by law. Any actions that infringe or violate their rights are impossible. Therefore, the question of how to expel a minor child from the owner’s apartment without affecting his rights or violating the law worries many.

At the same time, he also owns the right to their real estate. Parents must register their child in their own or municipal housing in which they themselves live. These issues are controlled by Article 20 of the Civil Code of the Russian Federation and the guardianship authorities. According to Art.

If parents are registered in different places, then the minor must be registered at one of the addresses.

Can the owner register a registered child if both parents have consent to deregistration? Both mother and father give consent to deregistration;

How to discharge a son from an apartment privatized to his mother?

Can a mother leave her apartment for another apartment and leave her 15-year-old child? Lawyer Kalashnikov V. No, he cannot. Can my own mother and my infant expel me from the apartment?

How to discharge a minor child from the owner’s apartment

Question: Can a mother remove her son from the apartment without his consent? Thank you in advance. Maria Answer If the son is an adult, the mother can sign him out of the apartment: 1.

If a citizen’s right to use residential premises is terminated on the grounds provided for by this Code, other federal laws, an agreement, or on the basis of a court decision.

If this citizen does not vacate the said residential premises within the time period established by the owner of the relevant residential premises, he is subject to eviction at the request of the owner based on a court decision.

In the event that a citizen using a residential premises uses this residential premises for other purposes, systematically violates the rights and legitimate interests of neighbors, or mismanages the residential premises, allowing its destruction.

On the appointment date, documents are brought, the employee fills out an application and accepts a package of papers. Ksenia Kolesova 124 10.

A training driving ban has been imposed. For individuals, the declaration must be submitted no later than April 30 of the year immediately following the reporting year.

Source: https://kempmeadows.com/nalogovoe-pravo/mozhet-li-mat-vipisat.php

Discharge an adult child

Marina, the fact is that the apartment is already the property of the mother. On the one hand, since you were registered at the time of privatization, you retain a lifelong right of residence, on the other hand, since you do not live and, apparently, do not pay housing and communal services - this is the basis for considering you to have lost the right of residence and discharge through the court. I would recommend that you first go to court with a claim to divide the bills for payment and then pay specifically for your bills; this will protect you from such danger. 12. 4. Irina, hello! From a legal point of view, there is such a possibility. He can “discharge” an adult child without his consent, provided that the child no longer actually lives there, there are no personal belongings in the apartment, he does not pay bills, there is no common household management and no obstacles are created for him to use the premises. In this case, a statement of claim is filed with the district court with payment of a state fee of 300 rubles, and then after a court decision is made in favor of the plaintiff, the plaintiff applies to the passport office with this decision. This is provided that there are no details requiring special attention that you have not reported. 7. 4. Good afternoon! Yes you can. Through the court with a statement of claim for recognition of the loss of the right to use the residential premises and deregistration. Reason: loss of family relationships, living at a different address, failure to pay utility bills, etc. District court, what is your district? The state duty is 300 rubles. The trials will last around 3 months. Call me and I’ll help you prescribe it, I have practice, but you need to know some nuances. 7. 3. If an adult daughter and a child do not live in the apartment without good reason, do not participate in the payment of housing and utility bills, and have another permanent place of residence, then there are grounds for filing a claim with the court for recognition that they have lost or have not acquired the right to use the residential premises with deregistration.

It all depends on the specific circumstances. You need to properly prepare for going to court.

Is it possible to expel an adult from an apartment?

general civil passports of the plaintiff or several plaintiffs; when acting through a proxy, he will need his passport and a power of attorney from the applicants;
a document certifying the right to a residential property, namely an extract from the Register or a certificate of ownership;
an agreement according to which the applicant acquired his rights, including purchase and sale, exchange, equity participation, it can also be a court decision or a certificate of receipt of an inheritance;
an extract from the house register for this residential premises;
evidence that is given in the following list;
check and receipt confirming payment of the state duty.
testimony of witnesses, in particular neighbors, that the child does not live in this place;
an act drawn up as a result of an inspection of the apartment by a representative of the housing department or HOA, which will indicate that this employee visited the apartment and did not find the defendant’s belongings, as well as signs that he lives in this premises;
a similar act from the district police officer;
response from the local post office stating that the person does not receive mail sent to him at this address
pre-trial settlement, during which the parties try to come to an agreement without filing a claim; if this fails, the plaintiff moves on to the next stage; it is skipped if the parents do not have contact with the child;
collecting evidence that may be needed during the consideration of the case;
drawing up a statement of claim;
filing an application and evidence in court;
direct consideration of the case in court during the preliminary and main hearings;
rendering a verdict;
if it turns out to be in favor of the plaintiff, then obtaining a copy of the court decision;
transfer of this document to the Ministry of Internal Affairs;
If the defendant continues to live in the apartment and does not want to leave, he will be subject to eviction.
an adult child does not participate in the common household run by the family;
he does not contribute to the budget, it is his own;
there is no mutual support between the child and other relatives;
the defendant does not live in this area and does not contribute a share in the payments for the apartment; this condition is not mandatory, but acts as an additional argument in favor of the required court verdict.

Can an apartment owner sign out a registered relative?

If a relative does not live at the place of registration, you need to confirm that the tenant has an alternative place of residence. Testimony from neighbors, unpaid receipts (if the personal account is not shared) and other evidence are ideal.
If a relative does not pay rent, debts are more of an indirect reason. Especially if the bills come to the owner, and not to the persons registered in the apartment. Alternatively, wait six months - then the housing department or homeowners association will be interested in the tenant. It is quite possible that the utility workers themselves will file a statement of claim in court for an extract.
If a relative is rowdy, collect testimony from neighbors and back them up with fresh protocols from the district police officer. Discharging a troublemaker in a municipal apartment in this way is as easy as shelling pears.
If a relative damages property, start with a verbal suggestion, and then notify him in writing. You can defend your rights in court only after sending a claim to the violator. To establish damage to property, you can hire an appraiser. The claims will concern not only the eviction of the violator, but also compensation for the damage caused to you.