Methods For Discharging The Ex-husband From The Apartment

2024 Author: Bailey Albertson | [email protected]. Last modified: 2023-12-17 12:53

How to discharge an ex-husband from an apartment if he does not want

It is possible to write out an ex-husband forcibly, but there are certain nuances in this matter. The easiest way is voluntary deregistration of the ex-spouse. In all other cases, one cannot do without litigation.

What reasons can be the basis for discharge

It will be possible to remove the ex-spouse from the registration without his consent if there is a positive court decision (paragraph 1 of Article 35 of the LC RF), i.e. the ex-wife must file a claim and attach certain supporting documents. It is possible to dismiss the husband from the apartment if he:

1. For a long time he has been living at a different address (more than 1 year).
2. Does not systematically pay for housing and communal services.
3. Is not the owner of the home.
4. Poses a threat to the life and health of other residents.
5. Is in places of confinement.
6. Uses housing for other purposes.
7. Has drug or alcohol addiction, which disturbs the peace of the family and neighbors.
8. Recognized as missing (deceased).
9. Deprived of parental rights. Such a parent cannot live in the same territory with his child.

How to write out if the wife is a homeowner

If the wife is the owner of the living space, then it will not be difficult to remove the husband from registration. After the dissolution of the marriage, the relationship between the spouses is automatically terminated. Thus, the ex-husband loses the right to use the premises (unless otherwise agreed between the spouses).

How to discharge from public housing

Municipal apartments are state owned. They are provided to a citizen for living under certain conditions under a social employment contract. If such an agreement is signed by the ex-spouse, then for its removal from the registration without consent, good reasons are required:

1. Failure to fulfill obligations to pay accommodation bills for six months or more.
2. Inappropriate behavior (infringes upon the rights of other family members, neighbors, arranges fights, scandals).
3. Living at a different address for more than one year.
4. Damage, damage to municipal property.

Before applying to the court, the ex-spouse must write a claim to the municipal authorities. An employee of the municipal organization will inspect the indicated apartment, interview neighbors and other family members. After that, the offender will receive a verbal warning. If the situation does not change, then the ex-wife has the right to go to court.

How to discharge from a privatized apartment

Extracting the ex-husband is impossible in the case when the housing was privatized in marriage and in agreement with all family members. In such a situation, the ex-spouse can buy out the share or agree with the ex-husband so that he is discharged voluntarily.

The husband's refusal to participate in privatization is not a reason for his forced removal from registration in the event of a divorce. According to Article 19 of Federal Law No. 189-FZ of December 29, 2004, the spouse who has refused to participate in the privatization retains the lifelong right to use this housing. However, relying on paragraph 3 of the Review of Judicial Practice of the Supreme Court of the Russian Federation for January-July 2014, you can try to discharge your ex-husband if all the following conditions are met:

• a man for a long time (more than 3 years) does not live at the place of registration;
• left the living space on a permanent basis and took out his belongings;
• left voluntarily, the owners did not interfere with living;
• does not participate in the maintenance of housing;
• does not try to return to the apartment;
• the rest of the owners (who have reached the age of 18) are not against the discharge of the man and give written consent to this.

And if the husband's children are registered in the apartment

It is impossible to dismiss minor children forcibly. The guardianship authorities take part in such court proceedings, which ensure that the rights of the child are not violated.

Rarely, but there are cases when the judge makes an exception and gives permission to deregister children:

• if they do not live at the place of registration for a long time (exact terms are not established by law),
• if they moved with their father to another place for permanent residence.

Regardless of the reason for the compulsory discharge of the ex-husband, a court decision will be required. On its basis, an employee of the passport office will remove him from registration.