Can a Wife, During a Divorce, Claim Her Husband’s Apartment Bought Before Marriage If There Is a Child: Necessary Documents, New Amendments

Judicial practice of eviction of a former family member from a municipal or own home

Eviction from an ex-spouse’s apartment cannot always be resolved peacefully.
If both parties have come to a solution that suits both, then there are no questions. And if one of the parties is dissatisfied and wants to positively resolve the issue of evicting the spouse from the apartment - what to do? The solution to this question depends on the answer to the question: is the ex-spouse the owner of the property, is he registered in it or does he live without registration?

How to evict your ex-husband from an apartment if he is not registered in it?

This question arises most often: “How to evict your ex-husband from an apartment if he is not the owner?” This is the easiest case.

But before you show him the door, you need to officially get a divorce and receive in your hands:

divorce certificate (if the divorce was formalized at the registry office);
a court decision on divorce (if the marriage was dissolved through the court).

According to the Housing Code, eviction of a former family member can be carried out in many cases.

Article 31 of the Housing Code of the Russian Federation states that in the event of a divorce, a former family member who is not the owner of the property loses the right to use the housing.

If the divorce is not documented, then it will not be possible to evict the ex-spouse from the house.

In case of a finalized divorce, the unregistered spouse can use the housing if the owner of the premises allows it, but in our country it is not allowed to simply deprive a person of housing, without an official reason.

To do this you will have to:

Go to court.
Provide divorce documents.
Receive a positive court decision.
Receive a writ of execution.

If this does not work, then the bailiffs will have to be involved in the eviction.

The official eviction of the spouse from the apartment is carried out in the presence of the bailiff service, police and witnesses.

In individual situations:

the evicted spouse simply has nowhere to move,
the ex-spouse has low material income,
other valid individual reasons,

the court may grant temporary residence (usually 6-12 months). During this time, a person must solve his housing or material problems. Also, in exceptional cases, the court may oblige one spouse to house the other if children remain with the other.

But there may also be a situation where the spouse is not registered in the apartment, but is the owner or co-owner. This issue will be discussed below.

Judicial practice regarding the eviction of an ex-spouse is ambiguous; it depends on many factors.

If the ex-husband is registered in the apartment, but is not the owner

We are filing a divorce.
We go to court to evict.
We are evicting.

This is practically the easiest case: the ex-spouse has no legal rights to housing, and you are its sole owner. The court quickly makes a decision, which within a month gains legal force and the ex-spouse has nothing to challenge it with.

If the ex-husband is the owner of the apartment

If you did not resolve this issue peacefully during the divorce, only the court can resolve this.

At the same time, keep in mind that you probably won’t be able to sue anything, what if your spouse:

I received the housing in which you lived together as a gift.
Inherited it.
Was its owner before your marriage.
He became its owner as a result of another gratuitous transaction.

But the division of property is carried out through the courts if he: acquired an apartment during the marriage relationship with you; you are co-owners of common housing together; privatization of housing was formalized during the marriage.

If the purchase of housing occurred during marriage, then both spouses have equal rights to it, regardless of which of them is the owner.

Possible solutions to this issue:

You lived in a municipal apartment before the divorce

Municipal housing is provided under a social tenancy agreement to both spouses. In this case, eviction of former family members is problematic, even if they are simply the registered owner and not the tenant.

This problem can only be solved by finding possible exchange options, for example, to a hostel. The parent with whom the child remains should receive the largest share.

If one party does not resolve the issue voluntarily, you can go to court for a decision on a forced exchange. But you need to go to court with a prepared exchange option.

Eviction of a husband from a non-privatized municipal apartment and deprivation of rights to use it can be carried out if it can be proven that the spouse:

uses housing for other purposes,
does not lead a completely moral lifestyle,
has not paid utilities for years, etc.

But the issue of deprivation of housing is very serious; the court carefully considers the evidence from both sides and makes an informed decision.

Your ex-spouse is registered in your apartment, but no longer lives

There are also such situations: you have not seen your ex for several months or even years, but he is officially registered with you (but he is not the owner of the property).

At the same time, you pay large amounts for the general utility bill (for example, charges depend on the number of registered ones).
The ex-husband can show up at any time and demand to be allowed into the apartment, because he is officially registered at this address.

If the issue of discharge cannot be resolved peacefully, it can be resolved in court.

The lawsuit must indicate:

that the person left for another place of residence;
and has nothing to do with your home.

Not all families register their relationships in the registry office, so sometimes the question arises:

How to evict a common-law husband from an apartment?

In this case, the termination of cohabitation also has to be proven in court.

The following evidence can be given:

Stopping general budgeting.
Witness's testimonies.
Proof that the ex-spouse lives elsewhere.

It is more reliable to conduct any legal process with legal support. This will help you quickly resolve the issue in your favor and avoid pitfalls that you may simply not be aware of.

Therefore, legal costs can be repaid by a faster and more correct court decision in your favor. Moreover, in some cases they can be recovered from the defendant.

Source: https://provolochek.ru/zakon/vyselenie-byvshego-supruga.html

Divorce: the owner of the property can evict his wife after the divorce

RAZVODis.RU Divorce Legal side

Relationships between married couples do not always go smoothly. Disagreements and conflict situations lead to a decision about the need to separate. If a couple faces a divorce, the husband has the right to evict his wife from the apartment. To complete the process, you need to study the nuances of the legislation.

Termination of the right to use property

Divorce is the reason for the beginning of the division of property. It is impossible to evict an ex-wife from a living space owned by a woman. Having a residence permit does not matter.

Real estate is the property of the spouse. The court allows the eviction of a wife in strictly defined cases. This fact is fixed by current legislation. The spouse's claims are unfounded. The husband's wishes are not taken into account.

The legislation requires taking into account:

The owner of the living space;
Availability of registration;
Availability of additional housing;
Having children.

Housing purchased jointly is the property of the spouses. It will not be possible to evict your wife. The court must make a decision. The fact is fixed by law. Members of a broken couple have equal rights. A marriage contract will help resolve conflict situations. The paper contains instructions in case of divorce.

Spouses have the right to independently resolve the problem of division of property. The document allows you to register the owner of the property after the divorce. The paper is prepared in advance.

Neglecting the need to conclude a marriage contract will lead to division of property and the need to evict the spouse.

Procedure for eviction of a spouse

Divorce is a reason to start dividing up real estate and deporting your wife. An apartment is considered the property of 1 spouse if the premises before marriage:

Purchased;
Gifted;
Inherited.

The wife has the right to use her husband's property. The opportunity appears after the official marriage. Divorce is a reason for the termination of a right. After officially separating, a man has the opportunity to leave his wife. Having a child does not allow her to stay.

A woman’s refusal to move out serves as a reason to go to court. The government agency will begin paperwork after receiving a statement from the husband demanding to force his ex-wife to leave the premises. The court will make a positive decision.

Having completed the process, the government agency will order the wife to be removed from the register and force her to forcibly leave the premises.

The spouse's lack of housing serves as a reason to suspend the eviction process.

The government agency has the right to help the girl. The judge will allow the ex-husband to remain in the premises. Suspension of evictions is a temporary measure. The court will prescribe the period of stay on the husband's territory. The woman must have time to find a room. After the end of the period, the ex-wife must leave the apartment after the divorce.

Eviction with a child

Having children changes things. A man cannot divorce a woman with a child and remove the child from his apartment. Children retain the right to be in their parents' premises. If a child, by court decision, remains to live with his mother, the child does not lose the opportunity to stay in his father’s apartment after the parents’ divorce.

The children's ability to live with their father does not allow the wife to do the same. The husband has the right to expel the girl from the living space and evict her. The implementation of current legislation leads to paradoxical situations.

A judge cannot discharge a girl if the child is too young to live independently in the father’s living space, and the woman does not have the means to rent or buy a separate home to live with the baby.

After receiving a man’s application demanding to evict his wife after a divorce, the judge will take into account the circumstances and announce a decision taking them into account. In this situation, the state body is entitled to:

Allow the girl to stay until the child reaches adulthood;
Allow the girl to stay until the opportunity to purchase her own home becomes available;
Discharge the woman, but oblige the man to pay their rent until the ex-wife becomes able to pay on her own.

The spouse has the right to make decisions about the fate of the mother and child. By starting to rent housing for the children and girlfriend, he will fulfill his alimony obligations. The court will not require additional payments.

Shared apartment: forcing my wife to leave the living space

Spouses have equal rights to jointly acquired property. You cannot expel your spouse from the shared apartment. The impossibility of making a decision serves as a reason to appeal to a judicial authority. The court will resolve disagreements.

Claims for shared housing must be filed within 3 years of the divorce. The girl must contact the government agency in a timely manner. Registering real estate in the name of a man gives the man the right to evict his wife if he refuses to make claims.

However, you need to file a claim. The court will approve the application, the husband will become the sole owner of the apartment.

Service real estate: eviction of spouse

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please use the online consultant form on the right or call the free hotline:

8 – For regions of Russia

8 – Moscow and Moscow region.

8 – St. Petersburg and Leningrad region.

Service real estate is not the property of spouses. Members of a separated couple have equal rights to use the premises until the termination of their duties to the organization that provided the housing. After a divorce, a person who is not related to the institution must leave the apartment.

A woman living in her husband's service apartment must leave the premises in the event of divorce.

The husband can discharge the girl immediately after the divorce. Refusal to perform an action is grounds for going to court. As in the case of a man’s own real estate, a government agency may accommodate a woman and allow her to remain in the premises for a certain period if the ex-wife does not have her own home.

Statement: reasons for starting the trial

Spouses are not always able to independently divide jointly acquired property. Disputes that arise are resolved in court. The reasons for contacting a government agency are:

It is required to divide jointly acquired property;
It is necessary to determine the rights to real estate purchased jointly;
It is necessary to evict a wife from her husband's apartment after a divorce.

The court begins proceedings after receiving a request to evict the spouse. The person who filed the application must describe in detail the circumstances that gave rise to the filing of the claim with a request to be discharged. Documents confirming the truth will strengthen the man’s position.

The plaintiff must attach papers to the application. The judge does not always approve the request to evict the woman. Divorce is a reason to find a competent lawyer. The specialist will tell the court's decision in advance and help the husband win in his confrontation with his wife.

It will be easier to evict your ex-wife from your apartment.

Request to evict wife: court response

Divorce is a reason to file an application to court. If the property belonged to the husband before marriage, he has the right to evict his wife from the apartment. The government agency will not take into account whether the spouse is registered. The court will approve the received application.

Government officials will order the woman to immediately leave her husband’s territory. The decision is made without the consent of the spouse. A woman has the right to challenge the court's verdict. The girl must submit an application to higher authorities in the manner prescribed by current legislation.

The presence or absence of registration matters when evicting from municipal real estate.

If the girl is not registered in the apartment, the husband has the right to ask to move out of the premises. In case of refusal, the court will approve the husband’s claim and issue an order requiring him to leave the living space.

If a woman is registered, she cannot be discharged without a decision from a government agency. The court will consider the submitted application. The verdict is made after studying the circumstances of the divorce. The presence of real estate owned by the woman is taken into account.

Lack of living space is a reason to allow the girl to stay.

Source: https://razvodis.ru/razvod/yurist/razvod-vyselit-zhenu.html

Division of property during divorce: is it possible to register a house in the name of relatives in order to keep it for yourself?

To sell a house, the notarial consent of the spouse is required (Article 35 of the RF IC) without it you cannot sell the house. As for the car, its sale is possible. But this transaction without the consent of the spouse is illegal and from the moment he learns about it, he will be able to demand from you in court within three years the payment of compensation in the amount of 1/2 of the market value of the car.

The court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family.

01 Jul 2020 etolaw 216

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I live in my ex-husband's apartment

225 replies

Latest - December 28, 2020, 04:36 pm Go

Guest

If a married man buys an apartment and registers it in his name, then this is a sign that the woman is a temporary option for him, even though she is the mother of his children.

selfish

in three years it was already possible to raise a mortgage for a small room

Anna

Author, you are registered in the apartment. So live your life, let your ex get rid of you, run around the courts and discharge you, this is for six months - a year can stretch out. And then, lo and behold, his new wife will run away from such stress. You were such a fool that you didn’t give birth to someone in this apartment. If you had a child registered in this apartment, you would never be discharged anywhere.

Anna

homeless guest

It is because of the presence of such scoundrels that sometimes men play it safe. I’m rarely on the side of men, but I’m shocked by this advice, to put it mildly. There is NO money from the author in this apartment, so there is no need to lay claim to someone else’s property.

homeless guest

selfish

When it comes to the opportunity to chop off someone else's property, women do not shun any meanness in 100% of cases.

selfish

This is the only chance not to return like a beaten dog to your mother. women in real estate don't do that.

selfish

through MFC this is done in 2 days. no children nothing to share

Evil

Well, again you are off topic. In two days - I was infertile, I was married, the apartment was premarital, my ex ***** was registered there / with people like that, by the way, you rejoice in infertility / three months of trials.

Well, you won’t come and write it out through the MFC, even if you die, you sue, submit documents, and when an apartment is bought, a marriage certificate / not to be confused with a marriage certificate, that’s still it by itself / a marriage certificate, certificate of termination, a single housing document, the application itself.

The fee is 200 rubles. for each claim, and then you wait for the trial. Ten days. Workers. You receive a decision. If a person lives, then go to the bailiffs with him, if he doesn’t live, then go to the MFC. In the case of bailiffs, there is still some gimmick there. Everything is not as simple as you think.

I went through this twice. /Dad and I are unique, I put my ex-husband in my house, Dad put his bare-bottomed wife in, I did everything./

selfish

no, the advice to take from the first vanka who climbs on it, for the sake of someone else’s house, is generally brilliant

New themes

Evil

These poor creatures of any gender will do anything.

guest

You are registered there. apartment in privatization? He won't be able to send you anywhere.

guest

You are registered there. apartment in privatization? He won't be able to send you anywhere. Arm yourself with a good lawyer, or try to negotiate with the banker so that after the money you can rent for the first time. By the way, how long does it take for him to ask you to vacate the apartment?

selfish

only they first try to get there by hook or by crook, and even a lady with a crocodile appearance but with real estate becomes beautiful with a bunch of fans

Guest

There is no need to invent anything here. Your ex generally acted nobly - he allowed you to live in this apartment for such a long time. Answer him the same - leave. This is human. Look for rental housing.

Guest

Frankly, I have never seen such behavior from a man. Men simply leave someone else’s apartment and that’s it. Although I understand that there are 140 million people living in our country and such cases certainly exist.

selfish

The fee is 200 rubles. for each claim, and then you wait for the trial. Ten days. Workers. You receive a decision. If a person lives, then go to the bailiffs with him, if he doesn’t live, then go to the MFC. In the case of bailiffs, there is still some gimmick there. Everything is not as simple as you think.

I went through this twice. /Dad and I are unique, I put my ex-husband in my house, Dad put his bare-bottomed wife in, I did everything./

Source: https://www.woman.ru/relations/marriage/thread/4634730/

Is it possible or not?

We tell you where you can register, whose consent is needed and what sanctions are provided for failure to register

TASS/ Alexander Ryumin

When changing place of residence, everyone has to deal with such a phenomenon as registration. By law, Russian citizens are required to notify the state of where they live. But there are many subtleties in registration issues.

Why is this necessary, where can you register and what sanctions will follow if you do not do this? We have collected the most important facts that you need to know about registering at your place of residence or stay.

You can register temporarily or permanently

There are two types of registration: at the place of residence (permanent) and at the place of stay (temporary).

Place of residence is housing in which a person lives on the basis that he is its owner or permanently occupies the area with the consent of the owner.

It is understood that the citizen primarily resides at this address. A place of residence is a property in which a person plans to live for a certain period of time.

Registration (both temporary and permanent) takes from three to eight days.

Registration is required to register and use government services

All Russians are required to register their place of residence with government authorities.

Registration is necessary to register citizens; it also gives them the right to live in an apartment or house and use many administrative services.

For example, permanent registration is necessary to receive benefits and pensions, to obtain a TIN, SNILS, driver's license, as well as to register an individual entrepreneur (IP).

Seven days are allowed for registration

If a person is discharged from his permanent place of residence (for example, he sold an apartment), he must register at a new address within seven days. As for temporary registration, it needs to be issued only if the citizen plans to live at a certain address for more than 90 days.

You can register temporarily not only in an apartment

Temporary registration is possible not only in housing, but also in educational institutions (for example, in a student dormitory), sanatoriums, hotels, campsites, hostels, etc.

There is a fine for failure to register

For living in residential premises without registration (permanent or temporary), the law provides for penalties. The Code of Administrative Offenses (Administrative Offenses Code of the Russian Federation, Article 19.15.1) states that in Moscow and St. Petersburg the fine for persons without registration is 3-5 thousand rubles, in other regions - 2-3 thousand rubles.

The exception is cases when a person lives at a certain address without registration, but at the same time has permanent registration in the same city or on the territory of the same subject of the Russian Federation.

In the federal cities of Moscow, St. Petersburg and Sevastopol, penalties will not affect residents of adjacent territories - the Moscow Region, Leningrad Region and the Republic of Crimea, respectively.

Relatives (spouses, children, parents, grandparents) of the owner of the property living in his living space without registration also cannot be fined by law.

Even the homeowner can be fined

Owners or proprietors of housing can also be fined for providing living space to a person without registration. For individuals in most regions of Russia, the penalty will be from 2 thousand to 5 thousand rubles, and for legal entities - from 250 thousand to 750 thousand rubles. In Moscow and St. Petersburg, fines are higher: for individuals - 5-7 thousand rubles, for legal entities - from 300 thousand to 800 thousand rubles.

Registration requires the consent of the owners

If the person being registered is the owner of the home or a share in it, then he does not need anyone’s consent. But if neither the entire living space nor a share belongs to him, he must obtain written consent from all owners of the premises for his registration.

If the housing in which a person wants to register is state or municipal property, then he can do this only if he is included in a social tenancy or free use agreement, and also if he is a member of the tenant’s family and the other tenants have no objections to his registration. Their consent must also be written.

You cannot expel your spouse from housing purchased during marriage.

If the apartment belongs to one of the spouses and was not purchased during marriage, during a divorce he has the right to expel his ex-wife or ex-husband from his living space - by voluntary agreement or court decision. However, if the spouses bought housing after marriage, they both have rights to it and, accordingly, cannot be deregistered without their consent.

Minors have advantages

Even if the parents divorce and one of them is removed from registration, a minor child retains the right to permanent registration in the apartment and use of it, since it cannot be considered a former family member.

Some types of housing may not allow you to register.

No registration is possible in houses that are designated for demolition. After the city decree on the demolition of a house is issued, registration in these buildings is terminated.

Permanent registration is also not possible in the apartments. You can live in them, and in terms of characteristics they are practically not inferior to ordinary apartments, but legally the apartments belong to the non-residential stock. However, temporary registration in the apartments is possible.

Maria Myagkova

Source: https://realty.rbc.ru/news/5bd9d85a9a794716d707526a

Division of a house in case of divorce between spouses

Family life did not work out and two years later the couple divorced. The question of dividing the house arose, but Vadim and Elena could not come to an agreement peacefully; the ex-wife filed a claim for dividing the house. In the statement, she asked the court to divide the house equally, since she believed that any joint property between former spouses should be divided in this way.

The house is transferred to one of the spouses, who pays the second monetary compensation commensurate with his share.
The spouse who receives more than his share of the premises pays compensation to the other in proportion to the difference between the actual area received and his share.

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The right to use residential premises after a divorce - who can stay in a joint apartment?

During a divorce, many questions arise not only about the future fate of the children, but also about the joint property. Often an apartment or other real estate is purchased jointly during a legal marriage. What right to use residential premises after a divorce does each family member have?

Housing rights of former spouses

The main legal acts regulating housing relations between ex-husband and wife are the following:

Housing Code of the Russian Federation in Art. 31 determines the procedure for terminating or maintaining the rights to reside in the apartment of a former spouse after divorce;
The Civil Code of the Russian Federation regulates various forms of contracts between spouses, which can become the basis for securing rights;
The RF IC regulates the rules of divorce, the procedure for communicating with children and the rights of the latter.

According to the standard rule, after a divorce proceeding, the former spouse, who is not the owner of the premises, loses any rights to use it. However, there are a number of circumstances in which a different development of events is possible.

For all grounds of a controversial nature, the interested party will have to go to court.

Rights of wife and child to live in an apartment after divorce

Depending on the status of the property, the right of each of the former family members to it is largely determined. Any case must be considered individually, since each episode has its own peculiarities. Judicial practice in such cases is extremely diverse, since there are decisions both in favor of the plaintiff and in favor of the owner.

Privatized housing

If, as a result of the dissolution of marriage, one of the spouses remains in real estate, which is owned and privatized in the name of the second, then he has no right to locate, stay and use it.

A similar issue regarding the rights of a minor is resolved according to slightly different principles. It all depends on who the child’s place of residence is determined with in court or otherwise.

If he lives with a spouse who is not the owner, then he can stay in the apartment only at the invitation of the owner and for a time limited to communication with him.

The relationship between the ex-husband and wife does not affect their communication with their children according to the schedule or agreement.

If the apartment is privatized for all family members, then the right to use their share and common property remains with all participants.

Municipal housing

A separate option is living space provided under a social tenancy agreement. It may belong to the municipality or the state and is provided for use without corresponding ownership rights.

In this case, upon termination of family relations with the tenant, the second spouse does not lose the right to reside in the property and use it for its intended purpose. You don’t even have to sign an additional rental agreement, just split the utility bills. To do this, submit a corresponding application to the management company.

If the owner is a husband

If the spouse is the absolute owner, then after the divorce the wife will have to leave the apartment and stop using it.

If she does not do this peacefully, the husband has the right to go to court and force this to happen.

As a result, the illegal resident will be subject to forced eviction by the bailiffs.

According to Art. 31 of the RF Housing Code there are certain circumstances under which a spouse may retain the right to use an object for a certain time:

inability to purchase or rent housing;
the existence of an agreement between spouses defining the procedure for using the object.

Only the court can decide to grant the former spouse the right to stay in the second spouse’s apartment after a divorce.

As a result, the issue can be resolved either peacefully or in court. The court takes into account the existence of agreements between the spouses regarding the subject of the dispute and financial capabilities, as well as other circumstances.

Can a father sign his child out of his apartment?

The survey on the possibility of deregistering a child at the father’s place of residence is complex. Often, after a divorce and parents move to different places, the child remains registered where he was originally. The problem is that a minor under 14 years of age must be assigned to a residential facility; according to the law, it is impossible to discharge him “to nowhere.”

Deregistration at the place of residence of the father of such a minor is possible in several cases:

the mother agrees to register the child with her;
the father sells the property and checks out of it himself.

In any case, a compromise can always be found. Often a problem with registering a child arises due to a conflict between adults.

It should be noted that a person over 14 years of age may be registered separately from his mother or father to other relatives.

Legal grounds

Only a court can recognize an apartment purchased before marriage as common;
investments were made in the disputed housing, which led to a significant increase in its value (for example, it was completely renovated);
such investments took place during the marriage at the expense of common funds, either the money of the second spouse or his labor.

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Subtleties of judicial evidence

During the trial, all circumstances that may influence the decision on who will receive the disputed housing will be considered. A competent lawyer will draw up the necessary documents and prepare evidence for the court.

This fact should be taken into account, since the main conflicts and incorrect court decisions, which are then forced to be reviewed by higher authorities, arise precisely because of the incorrect interpretation of such exceptions.