How to discharge your ex-husband from the apartment. Is it possible to expel your ex-husband from the apartment after a divorce without his consent?

Divorce proceedings are a complex and lengthy procedure. The couple faces various difficulties and difficulties; they have to divide property, determine the amount and procedure for alimony payments, and resolve property disputes. The question of who will stay in the apartment always becomes quite acute. This dispute can be resolved based on the Civil and Housing Code of the Russian Federation. In many ways, the resolution of the dispute depends on what type of housing stock the property belongs to and who is its owner.

It is necessary to take into account all the norms and standards of current legislation. An experienced lawyer can provide qualified assistance on this issue. An expert in this area of legal relations will tell you what rights and responsibilities a husband and wife have in relation to a privatized and state apartment after a divorce, will help you circumvent the pitfalls of the modern system, and will give effective recommendations.

There are many commercial companies operating in Russia that provide legal services to the population on a paid basis. An alternative solution would be to consult a lawyer on the Internet.

You can agree to remove a person from registration with the FMS peacefully or through the courts. It is best to entrust the representation of the plaintiff’s interests to a specialized lawyer.

Deregistration in a privatized apartment

After a divorce, it is not always possible to evict an ex-wife or even a common-law spouse from a privatized apartment. Each case is individual and requires a personal approach; it is important to take into account specific circumstances. It is worth noting that if the spouse was involved in registering housing as private property before marriage or receiving real estate as a gift/by will, then after the dissolution of the union the woman will not have any rights to housing. Writing it out without taking into account the opinion of the other party will be as simple and efficient as possible.

Read also: Registration and conservation of an unfinished construction project

If the apartment became privatized during the spouses’ cohabitation, and the wife was a participant in the process and received a share of the living space, then it will be extremely problematic to write her out after the divorce. Also, the ex-wife will have the right to lifelong residence in the house if, during the privatization of housing, she renounced her share in favor of her husband. Apartments purchased with common funds during marriage are common privatized property and are subject to division in equal shares. Most often, one owner buys out the share of the second or the house is exchanged for separate housing. Having a marriage contract can simplify the situation. The contract most often contains conditions for dissolution of the union and division of property that would suit all participants in the process.

The algorithm of actions when discharging a wife from a privatized apartment is quite simple. Initially, you need to obtain a divorce certificate from the registry office, then try to reach an agreement with your spouse peacefully, and in case of refusal, you can file a claim in court.

The court will consider the case and make a decision to remove the residents from the privatized living space without their consent. With this document you should go to the migration service department that deals with registration and discharge of the population at the place of residence. It is important that the judge will take into account various factors and circumstances of the case. If the ex-wife does not have the opportunity to purchase housing and has nowhere to register in the future, the court may allow her to live in her husband’s living space after the divorce process.

How can I expel my ex-wife from the apartment after a divorce without her consent if I am the owner?

According to clause 1 of Article 35 of the Housing Code of the Russian Federation, it is possible to discharge a person from an apartment without his consent only through the court.

In accordance with Part 4.
Article 31 of the Housing Code of the Russian Federation does not retain the right to use residential premises for the ex-wife, as a former member of the family of owners, unless there was another agreement between them. Attention! Thus, if the apartment is owned by the husband, he has the right to demand that his ex-wife be discharged from the apartment in court and without providing her with other housing on the basis of Art.
31, 35 of the RF Housing Code, clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 of 07/02/2009. To do this, it is necessary to file a claim with the district court for termination of the rights to use the residential premises. The claim is filed in court at the location of the disputed apartment. If the ex-wife is not only registered, but also lives in the apartment, then the claim must additionally indicate a demand for her eviction.

The following documents must be attached to the statement of claim:

a copy of the statement of claim for the defendant
passport
document on ownership of the apartment
an extract from the house register or a certificate from the management company about registered persons in the apartment
divorce certificate
receipt of payment of state duty

At the court hearing, you will need to provide information about the termination of family relationships and the possibility of the ex-wife to live in another home or rent it. If the ex-wife does not live in the apartment, then in this case the court almost immediately makes a decision in favor of the owner

If the ex-wife still lives in the apartment, then in this case it is necessary to prove that she has another living space where she can register, or has the opportunity to rent another apartment.

It is important to take into account that if the ex-wife proves in court that she has nowhere else to live (register), then the judge may decide to leave her registration for a certain period, i.e. will retain the right to use the apartment on the basis of Part 4 of Article 31 of the Housing Code of the Russian Federation and Clause 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 for a period of 3 months to 1 year.

After the court decision has been made and it has entered into legal force, it is necessary to obtain a writ of execution, as well as a copy of the court decision with an official seal, which must be presented to the authorized body of the Ministry of Internal Affairs of the Russian Federation for the discharge of the ex-wife along with other documents. Based on a court decision, the ex-spouse must be discharged (deregistered) within 3 working days

It should be borne in mind that an ex-wife cannot be discharged after a divorce in the following cases:

participation of the spouse in the privatization of the acquired real estate during the marriage and the presence of her share in the property;
voluntary renunciation of a wife’s share in favor of her husband or child during the privatization of an apartment received during marriage. Giving up one’s share in favor of another relative allows a person to live in the living space for life according to registration;
purchasing housing during marriage;
a notarized marriage contract, which indicates the woman’s right to live in an apartment after a divorce;
a court order to defer discharge due to the woman’s need to resolve the issue of her future housing;
living in a municipal apartment to which both spouses have equal rights

Extract from communal housing

A municipal apartment is an apartment that does not belong to residents. It is the property of the state, and citizens have the opportunity to live in it after signing a social tenancy agreement. Regardless of who signed the agreement, spouses have equal rights in municipal property.

Read also: Prospects for obtaining official housing

Having decided to get a divorce, you should understand that it will not be possible to evict your spouse after a divorce if she is a conscientious and responsible employer. The only solution will be to try to resolve the conflict peacefully. You can go to court with a request to remove your ex-wife from registration only if she does not permanently live in a municipal apartment or is registered at a different address. Also grounds for filing an eviction claim are the tenant’s bad behavior - rowdy behavior, accumulation of debts in the public utility sector, violation of the rights and peace of neighbors, etc. When turning to the courts, it is important to have documentary evidence and testimony that will confirm the woman’s absence at the specified address or her immoral behavior. Neighbors and residents of the house where the ex-wife is actually located can act as witnesses. The testimony must be recorded in writing. Also, paid utility receipts signed only by the plaintiff are suitable as confirmation.

Interestingly, in the event of a divorce, it will not be possible to evict a common child from a municipal apartment. Minor children have privileges guaranteed by law.

Guardianship and trusteeship authorities monitor the observance of children's rights. Their violation threatens with serious consequences for citizens.

If the eviction is carried out through the court, then the interests of the child will be the main criterion influencing the judge's decision. The views of children over 10 years of age will also be taken into account during the hearing.

If these conditions are met, there is a chance for the ex-husband to be discharged

It will be possible to write out an ex-husband without his consent only if ALL the conditions that are listed in paragraph 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 are met. And it makes no difference whether the ex-husband is included in the warrant or social tenancy agreement, or he is simply registered as a family member in a municipal apartment. The conditions are listed in the form of a chain and they are considered by the judge in their entirety, i.e. all of them must be fulfilled:

The ex-husband does not live in the apartment for a long time - clause 3 of Art. 83 Housing Code of the Russian Federation. The exact minimum term has not been established by law or judicial practice. The more the better. My opinion is at least 3 years . If he does not live for 1 year, then the chance of his being discharged is maximum 20%. If 2 years - 50%. If 3 years - 90%. No conscientious lawyer/attorney can guarantee 100% success, so I am as I am. According to paragraph 4 of Art. 69 of the Housing Code of the Russian Federation, if the ex-husband continues to live in a municipal apartment after a divorce, he retains the right to use like everyone else.↓
He left the apartment on a permanent basis, and not temporarily due to study, work, business trips, treatment, etc. - Art. 71 Housing Code of the Russian Federation. That is, I took all my things out of the apartment. It’s even better if he lives with a new family or in another locality.↓
He left voluntarily (Clause 2 of Article 1 of the RF Housing Code), and not forced due to conflicts with his former family or is in prison. A citizen who is in prison cannot be discharged from a municipal apartment. The court will refuse. More precisely, you can submit the court verdict to the passport office and it will be “formally” issued. After leaving prison, he can register back without any problems. If the apartment is privatized, he can easily challenge the privatization through the court and get a share. Even when the owners of the apartment change.↓
He does not pay utility bills, does not participate in the repair and maintenance of the apartment - clause 4 of Art. 69 Housing Code of the Russian Federation. Preferably at least 3 years - according to the logic of the minimum period of non-residence. If the ex-husband proves in court that he pays at least part of the utilities, the claim will be rejected.↓
He did not try to move into the apartment again, and if he did, he was NOT prevented from doing so.

By the above actions, the ex-husband shows the court that he VOLUNTARILY renounced his right of residence, and therefore loses it. Checkout instructions are written below.

There are more chances if you contact a lawyer

If all the above conditions are met, this only changes the matter halfway. The main difficulty is that in court the existence of conditions MUST BE PROVED IN WRITTEN. The judge will not believe the words and arguments. To prove everything, you need to provide the judge with certain certificates and acts from various government departments and organizations. An ordinary citizen will not be able to obtain most documents himself, because he does not have a certain status and authority. More precisely, he can make a request, but they will not answer it, since they are not obliged. So hire a lawyer. He, having legal status, will make inquiries about the necessary organizations - paragraphs. 1 clause 3 art. 6 and paragraph 5 of Art. 6.1 Federal Law of May 31, 2002 No. 63-FZ. Organizations are required to respond to requests from lawyers, otherwise they face a fine - Art. 5.39 Code of Administrative Offenses of the Russian Federation.

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If you do not contact a lawyer, you can ask the judge to gather evidence. The judge will issue the requests, but will ask you to take them to the organizations. Plus pick up the answers to them. He will ask, but he cannot force you. And you will not have the opportunity to adjust requests that are more beneficial to you. And you will no longer be able to filter out the answers received and discard unnecessary ones. In addition, you will not know some of the answers because they will be sealed in envelopes. All this greatly reduces your chances of winning your case.

A lawyer will study your situation and make inquiries to those organizations that are beneficial to you. The lawyer will draw up requests, send them and collect responses to them. From the received answers, he will select the most useful ones. I have indicated below which organizations you need to contact.

The most important thing is that it is much CHEAPER to hire a lawyer and at the same time have a better chance in court than to later, during privatization, give a share to your ex-husband that he did not deserve. In the future, you can buy out his share, which will be much more expensive. If he still agrees.

About the address of the ex-husband's residence

I’ll answer these questions right away: “I don’t know where my ex-husband lives now. What address should I include in the statement of claim then? And if I know, then indicate his actual residential address?”

The Supreme Court believes that the defendant’s residential address is considered to be his registration address - paragraph 63 of the Resolution of June 23, 2015 N25. Therefore, in the statement of claim, we indicate the address of the ex-husband’s place of residence in the municipal apartment from which he needs to be discharged. After all, he is registered in it. The plaintiff has no obligation to know the actual address.

As a result, all court summonses will be sent to the ex-husband to the address of the municipal apartment - Art. 113 Code of Civil Procedure of the Russian Federation. If he does not receive them (he does not live there), the court will still consider him notified. Every citizen is required to receive important correspondence, so the law is followed here. If the ex-husband does not appear in court, the claim will be considered without him - clause 4 of Art. 167 Code of Civil Procedure of the Russian Federation. This is to the advantage of the plaintiff, because the defendant will not be able to protect his interests.

Municipal housing

Before taking active steps, you should understand what rights a person has to real estate, where he is registered, because
if the apartment in question could become the property of the wife even before the official marriage. As a result, thanks to the divorce, he (as well as his relatives) lose the rights to this living space. Using this article, you can easily deprive a stranger of registration in your living space. So, if we consider the procedure for depriving a person living in housing owned by the municipality of registration, then the basis for such actions is the presence of an appropriate court decision. When preparing papers for a claim, you must familiarize yourself with the current legislation. The grounds for deregistration of citizens of the Russian Federation are established in Article 91 of the Housing Code of the Russian Federation, according to which a person is discharged only if he:

used housing for purposes other than residence (for trade, for storing goods, for other production purposes, etc.);
damaged the property of the municipality by his actions (it does not really matter whether intentionally or accidentally);
neglected and harmed the interests and rights of other residents registered in the residential premises (for the most part, we are talking about alcoholism and other bad habits of the person living in the premises);
did not pay utility bills for a long period of time (six months or more).

Deregistration of a municipal apartment

Legislative regulation of termination of a social rental agreement is carried out by Article 83 of the RF Housing Code. According to current regulations, the contract can be terminated by mutual desire of the parties or without the consent of one of the spouses through the court.

Articles 90-91 of the Housing Code of the Russian Federation define the grounds on which a tenant and his family will be evicted from municipal housing:

if one of the citizens registered in the apartment damaged municipal property;
the living space was used by the tenant for purposes that do not imply permanent residence (for example, as a store, etc.);
a citizen who is registered in an apartment infringes on the rights of household members and neighbors in the apartment;
One of the registered family members has accumulated debt on utility bills.

Appeal to municipal representatives

If the reason for the eviction of the ex-spouse was one of the grounds listed above, then before going to court it is necessary to file a complaint with the municipal authorities. Representatives of the authorities must verify the legality of the author’s actions. An inspection will be carried out, during which the opinions of neighbors and family members will be heard. Next, the violator will receive a warning; if after this the situation does not improve, then the ex-wife can go to court.

It is worth considering the fact that if, according to the concluded agreement, the former spouse is the tenant, then the entire family may be evicted from the home for violating the rules of residence. So, in accordance with current legislation, the tenant must leave the municipal apartment along with his entire family.

If utility debts have accumulated, if they have not been paid for six months, both former spouses will be evicted from the apartment by court order. Therefore, if it is necessary to deregister the ex-husband, it is necessary to pay off the accumulated debt.

Therefore, if there are compelling reasons, the ex-spouse can be evicted from public housing. Representatives of the municipality in such cases take the side of the ex-wife.

Filing a claim in court

The ex-wife, regarding the issue of the discharge of a man who was previously married to her, should contact the district court at the defendant’s place of residence. The statement of claim for the discharge of a former spouse must contain the following information:

the name of the court is indicated in the header of the document;
Below should be information about the plaintiff and defendant (full name, passport details), mobile number and email address of the plaintiff for communication;
further, the applicant’s request for the ex-spouse’s discharge should be indicated;
below you will need to provide links to legislative acts that substantiate the plaintiff’s claim;
at the next stage, the ex-wife should set out in a document the actions she has taken to peacefully resolve the controversial issue;
then you need to draw up a list of documentation that will be attached to the application;
The document ends with the date of its preparation and the signature of the applicant.

The applicant must substantiate the claim with the following documents:

civil passport;
a certificate confirming the termination of the marriage relationship;
social rental agreement;
title documentation for living space;
certificate of family composition;
an extract from a financial and personal account;
evidence confirming the loss of the former spouse’s right of residence in municipal housing (for example, a complaint to representatives of the municipal government, testimony of specialists, neighbors, documentation from the police, checks, receipts, etc.);
a check for payment of the state fee in the amount of 300 rubles.

A claim for eviction can be considered by a judicial authority for 30-90 days, after which a decision will be made to satisfy the claim or to refuse it. If the application is granted, then the plaintiff will need to contact the passport office with this document and a copy of the defendant’s civil passport, and the ex-spouse will be deregistered within 3-5 working days.

Procedure

Having decided to permanently sever past ties and evict your ex-spouse from a shared apartment, you need to follow the following algorithm:

Try again to talk peacefully with the man and convince him to discharge voluntarily.
In case of refusal, give him a written demand for eviction and subsequent discharge from the apartment. The document must indicate the reasons that prompted you to make such a drastic demand on your roommate. You can read more about the rules for drawing up this document here.
If the pre-trial stage did not lead to anything, and the man simply ignored requests for an extract, we move on to preparing a package of documents for the court.
Having attended all the preliminary and main hearings and received a court order to forcibly deregister the defendant, you need to hand over this document to an employee of the regional department of the Migration Department of the Ministry of Internal Affairs of the Russian Federation. Don’t forget to attach an application for the ex-husband’s discharge to the decree.
If, even after receiving a copy of the court order, the man is in no hurry to leave the apartment, he should seek help from bailiffs, who will come and legally “help” the person move out. You will learn more about this procedure if you read this article.

Procedure

Pre-trial stage:

peace negotiations with ex-husband;
delivery of written demands (the form of the document is arbitrary).

Preparing for court:

write a statement;
We collect evidence confirming the illegality of the defendant’s residence in the apartment of his ex-wife;
We pay the state duty.

Trial stage:

we transfer the claim along with other necessary documents to the court office;
We come to the hearings at the appointed time and defend our case;
after the main hearing, if the claims are satisfied by the court, we receive a writ of execution for the defendant’s discharge;
If the court considers the grounds you provided for your discharge to be insufficient, an appeal is filed.

We write out the ex-husband:

We attach to the copy of the writ of execution an application for compulsory discharge, written on your behalf, and hand it over to an employee of the regional division of the Migration Department of the Ministry of Internal Affairs of the Russian Federation;
in three days, your ex-husband will be finally discharged from your apartment, and you will have every right to ask him to move out of the house as soon as possible.

Statement of claim

An application to the court must consist of several mandatory parts; the absence of at least one of them will be a reason for refusing to accept the claim:

Introductory part (written in the upper right corner of the sheet):

full name of the court;
Full name of the plaintiff and his contact information;
Full name of the defendant and his contact information.
Document title (written in .

Descriptive part:

we describe the essence of the problem in detail, but without excessive emotionality;
each argument brought against the defendant must be supported by documents or testimony;
the more arguments, the better;
if the defendant has alternative housing on his property, be sure to indicate this.

Motivational part:

flows smoothly from the descriptive one, doesn’t stand out in any way, we just start writing a new paragraph;
lists the legislative norms regulating the controversial situation, on the basis of which the plaintiff concluded that his rights had been violated and that it was advisable to defend them in court.

Request to the court:

List all the requirements, in our case these are:

forcibly remove the ex-husband from registration at the place of residence;
forcefully evict him from the disputed apartment;
to recover arrears in utility bills and other material damage incurred by the plaintiff for the entire period of the defendant’s illegal residence in the apartment (if any).

Documentation

Before submitting a correctly drawn up claim to the court office, you should attach a package consisting of the following documents:

plaintiff's passport;
documents on the basis of which the ownership of the disputed housing arose;
extracts from the Unified State Register of Real Estate;
extracts about all residents from the apartment register;
divorce certificates;
receipts for payment of state fees;
birth certificates of joint children (if any).

Price

In order to forcibly expel your ex-spouse from the apartment, you will have to incur the following expenses:

court fee – 300 rubles;
services of migration authorities - free of charge;
legal services (optional) - according to the price list of the law office.

Deadlines

The actual extract from the moment of submitting the relevant application to the migration authorities will take exactly three working days. But in the case of forced eviction of an ex-spouse, it is necessary to take into account the duration of the litigation, namely:

checking the claim for correctness and acceptance of it for work – 5 days;
court hearings and a decision to remove the defendant from registration by the court of first instance - 2 months.

If the defendant decides to appeal the decision, the procedure may drag on for several more months.

How to protect your rights?

Despite the forced nature of the ex-husband’s discharge, divorced spouses can reach an amicable agreement. It is much more profitable to discharge yourself of your own free will than to resort to legal proceedings. In this scenario, the former spouses must have additional housing. For example, if the mother stays with the child in the marital apartment, then the father can move in with his parents or register somewhere else.

Extract through the court removes all contradictions in the relationship between the ex-husband and wife.
The most important thing is to correctly draw up a statement of claim and indicate the reason for going to court. In addition, it is important to prove that the ex-spouse has lost the right to use the residential premises. Example:
After a divorce, the question of determining the shares of property arose between the spouses. Those getting divorced owned a common 3-room apartment. The couple had no children. The wife decided that she had the right to write out her ex-husband as better adapted to life. The woman filed a statement of claim for the court. She only indicated the dissolution of the marriage as confirmation of her intentions - there were no other reasons. Preliminary hearings in court revealed that the filing of the claim was unfounded. The spouse does not have the right to discharge her ex-husband through the court, because the apartment was purchased during marriage and is considered joint property. Therefore, the judge rejected the claims and the ex-husband’s discharge did not take place.

Advice for people who want to enter into a family union

Attention! The articles describe typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem - and get a free consultation:

Stories about real estate fraud appear daily in print publications or on TV news reports.
Marriage swindlers play the role of lovers so cleverly that people don’t even think about the consequences; they register marriages and register essentially strangers in their apartment. To keep your property safe and sound after a divorce, you need to be very careful when signing any documents.

Even if you madly love your spouse, this is not a reason to register him in an apartment donated by your parents long before you met your chosen one.

Tip #1

Registration can also be issued temporarily, for example, for a period of up to 1 year. Such registration has legal force. Allows him to live in the apartment permanently and enjoy all the amenities. In the event of a divorce, it will be quite simple to officially evict him - you just need to wait until the registration period expires.

Tip #2

After submitting an application for registration with the registry office, enter into a marriage contract. It should stipulate in advance the sole right of ownership of real estate that was acquired or gifted before marriage. And for property acquired jointly, a shared regime of use should be established.

Tip #3

Discuss in advance with your spouse the distribution of necessary family expenses - for utilities, food, children's education, joint trips abroad. If one party bears all these expenses, then upon divorce, she will receive a more advantageous share of the property.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Conditions for losing the right to reside in an apartment

The solution to the issue of the ex-husband's discharge is related to the wife's right to this living space, i.e. it all depends on whether she is the owner of the apartment or a responsible tenant.

Expert commentary

Kamensky Yuri

Lawyer

Registration of the owner's family members at their permanent residence address on its territory is a mandatory procedure by law. As soon as the status of a family member disappears, the right of residence and registration is no longer binding.

If the family relationship breaks down and the spouses divorce, they are no longer members of the same family. Therefore, the right to live in an apartment will depend on what relationship each member of the former family has to this living space. If one of them is its owner, the other retired spouse loses the right to reside in it. That is, if living together is impossible, then the wife’s right to expel her ex-husband from the apartment in which they live after a divorce can be exercised if he is not the owner of the property.

If the spouses live in a municipal apartment, and the wife is the responsible tenant, then she can initiate the discharge of the husband only if he violates the conditions specified in the social tenancy agreement. In this case, the divorce of the spouses is not grounds for loss of the right to reside in the apartment.

Based on the circumstances of each broken family, different options for the development of events and solutions to the problem of removing the ex-husband from the apartment may arise.

Procedure for expelling your ex-spouse from the apartment

To register your ex-spouse, it is enough to contact the housing office or the passport office. If the apartment went to the wife by court, or as a result of a peace agreement between the spouses, or the existence of a marriage contract, then she is the owner of this housing and simply submits an application to the specified authority with a request to discharge her husband. There is no need to perform any additional actions, the discharge is carried out in a short time, and the consent of the spouse is not required.

If the housing is municipal, controversial, or privatized, the procedure is the same, but the extract is carried out by the court. It will be necessary to prove the right to use the housing and the absence of such right from the ex-spouse.

How to discharge the minor children of your ex-spouse?

The law protects minors, so it will not be possible to discharge the ex-husband’s children in the absence of a new place of residence. If the procedure is initiated by the plaintiff, then it is worth preparing for the fact that the commission for the protection of children’s rights will participate in the proceedings.

Even if the ex-spouse is deregistered, it will not be possible to discharge his children “to nowhere.” Only the father himself can do this, and until that time they have the right to live and use the living space.

There is only one possibility to forcibly discharge minors: if the children do not live in the apartment for a long time and do not use it. But the time frame in this case is not established by law; they will be determined by the judge.

In the case where, after a divorce, a man registered in another place and moved there with his children to live, but does not want to expel them from his ex-wife’s apartment, the court can forcibly expel everyone from the living space.