When a divorce procedure occurs, marital relations most often become negative. The already difficult situation is complicated by related issues that the former spouses have to resolve. Women usually ask how to sue their spouse for joint property. Men are wondering how to remove their ex-wife from the apartment after a divorce without her consent in 2021 . This time we will pay attention to men and talk about the topic that interests them in more detail.
Is it allowed to write out an ex-wife?
The dissolution of a marriage relationship inevitably entails the division of the common living space. Most often, ex-spouses try to go to different apartments. It very rarely happens that they remain in the same living space.
In some situations, it is possible to resolve the issue of travel quite peacefully. For example, when adequate relationships have been maintained between spouses.
However, it is usually difficult for them to reach an agreement, and then they have to sort it out in court.
Due to the fact that the relationship between husband and wife is terminated, the former spouse has the right to expel the spouse from his living space (Article 31 of the Housing Code).
However, there are some caveats. For example, when an agreement on property rights was signed between a man and a woman, it will not be possible to write out the wife.
If there is no agreement, then a woman can be deregistered only in court or by obtaining her consent.
✅ Legal assistance
Housing disputes involve a tedious procedure in court. The applicant must prove that the ex-wife's discharge is justified. Doing this alone is almost impossible. You must have at least minimal knowledge of legal proceedings and possess evidentiary skills. On top of everything else, the trial takes a lot of nerves, time and effort.
The right solution is to contact a lawyer. After receiving a free online consultation, you will have an idea of how to proceed and whether you need to go to court? Lawyers will explain complex nuances in simple and accessible language. If you wish, you can entrust a lawyer with supporting the case in court.
Watch a detailed video about deregistering your ex-wife:
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Author of the article
Maxim Privalov
Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.
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Reasons for discharging your ex-wife.
The state tries to protect the rights of its citizens. It preserves their right to housing. That is why, when leaving an apartment, it is necessary to meet the main requirements.
The main reason for eviction of an ex-wife is the official termination of family ties.
But there are other reasons:
- the man was the owner of the home, therefore he has sole rights to dispose of it (Article 30 of the Housing Code).
- The spouses at one time signed a marriage contract, according to which the husband has the right to dispose of the apartment. Usually, the procedure for dividing common property during a divorce is one of the first items.
- The wife lives in another apartment. The fact is that people registered in any living space are required to pay utility bills.
- If the ex-wife lives in another place, then the divorced husband can write her out, but this will require the case to be heard in court.
To summarize, it can be argued that the ex-spouse is allowed to deregister his wife if he is the sole owner of the property. But there are exceptions here too.
Husband’s apartment after divorce: how to divide it, how to discharge your husband.
About the opportunity
Of course, living together after a divorce has been filed is extremely difficult.
Former spouses strive to run away and establish a new life, forgetting about the old one.
It’s great if, even before the divorce was filed, you managed to come to an agreement on the order in which the deregistration will be carried out, who will get the specific property taken, and other legal issues that your family acquired during the marriage.
But sometimes people do not part on the best terms and in this situation dialogue is really difficult . The parties cannot agree, often act to spite each other and carefully try to complicate some issues.
Read on our website about whether it is possible to check out of an apartment with rent arrears, what time frame it is necessary to check out when selling a home, and also about whether it is necessary to deregister a deceased person.
Rejection reason.
There are a number of reasons under which a spouse will not be able to expel the ex-spouse from the apartment.
Let's look at the most common of them:
- The ex-wife was a participant in the privatization of the apartment, she has a share there.
- When the ex-wife has nowhere to live and cannot quickly find an apartment.
- The spouse renounced her right to claim a share of privatized housing in favor of the child or husband. In this case, they are obliged to provide her with the opportunity to live in the apartment for the rest of her life. And it doesn’t matter whether they live as a family or are already divorced.
- The wife has the right to live in the apartment under the terms of the marriage contract.
- If the apartment is joint property.
- The husband and wife lived in an apartment decorated in accordance with all the rules of social rent.
What happens if the former owner refuses to move out of the purchased apartment?
If the owner of the apartment has documents confirming the fact that the tenant is no longer a registered person, then the latter is obliged to evict. However, not everyone agrees with this. If a person violates these rules, then you can contact the police. Punishment can be either administrative or criminal:
- Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation: a fine of 2 to 7 thousand rubles, depending on the locality.
- Article 139 of the Criminal Code of the Russian Federation: a fine of up to 40 thousand rubles, correctional labor or imprisonment for up to two years.
Most often, it is enough to contact the police once, after which the tenant will be forced to pay a fine and warned of possible consequences (prison). Usually this is enough for a person to leave the apartment.
How to discharge a mother and child.
Women are most often interested in the question of whether a husband can remove children from his apartment after a divorce .
The government is trying to fully protect children's rights, therefore, if the baby is registered in the apartment as a family member, then there is no way to discharge him.
If we mean a municipal apartment, then it is allowed to discharge the wife after a divorce and leave the child .
There is another possible outcome of events. For example, if the spouse is not the biological father of the baby, and this can be proven with the help of documents (that is, the husband did not adopt him).
This means that a child after a divorce is not considered a family member, just like his mother. Therefore, a man has the right to expel them from his own home.
Usually such cases are considered in court. In this case, both the mother and the child are defendants in the lawsuit.
✅ Possible difficulties
Forced expulsion is always a dispute between two people through the mediation of a judicial authority. It is logical to assume that there are legal difficulties here:
- Search for accommodation
Not all ex-wives have an alternative place of residence. The lack of registration creates difficulties with their registration at the old address. Therefore, the court is in no hurry to discharge such spouses from the living space they occupy. At least until the exes find a new apartment (at least a “communal apartment”).
- Service housing
It often happens that ex-wives are listed as registered in service apartments. For example, if living space was allocated to military personnel during their service. Confusion may arise regarding the question of whom exactly to sue – the ex-spouse or the owner of the premises? Read more in the article “Eviction from official residential premises.”
- Child
Receiving a divorce certificate automatically erases the family lines between spouses. A child born in marriage belongs to both parents. The minor, unlike the mother, will have a mandatory share in the father’s apartment. But courts often leave children to their mothers. Therefore, it will be difficult for the father-owner to sell the apartment in which the child is registered.
Expert opinion
Semyon Frolov
Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.
The situation is complicated by the father's child support obligations towards the child and his mother. The woman can file a counterclaim demanding suitable housing for her and the child. Consequently, the defendant (ex-husband) will have to think about how to resolve this situation. And from February 6, 2021, the law obliges ex-husbands to provide housing for their children. We are talking about paying for a rented apartment or providing other housing. If there is a mortgage, men may be required to pay most of the monthly loan payments (see changes to paragraph 1 of Article 86 of the RF IC).
Eviction through court
Sometimes family members, for various reasons, do not agree to leave the apartment. Then you will have to go to court. But before that, it is advisable to make sure that citizens do not belong to categories that have a lifelong right of residence.
List of documents:
- Official statement from the plaintiff. Compiled in free form. If you have experience working with legal language, you can draw up the document yourself. But it is permissible to contact a law firm to avoid mistakes.
- Copy of passport (first page and registration information). When going to court, you must always have the original with you, since you will not be able to enter the building without it.
- A copy of the document confirming the fact of ownership of the new apartment (from the Unified State Register of Real Estate).
- Receipt for full payment of the state fee. The price of the service is 300 rubles.
- Extract from the house register. This document will be required to confirm the presence of tenants who are registered in the apartment.
To resolve the dispute, you must go to the district court. A claim can be filed when ownership rights are officially transferred to a new person. The consideration of the case will take approximately 2 months from the date of filing the official application.
More detailed information about discharge through the court
If the matter comes to trial, then a certain procedure must be followed. This guarantees the legality of the transaction. If there is evidence, the new owner of the apartment will receive ownership of the area and will be able to evict tenants who refuse to leave the property on their own.
The procedure for discharge through the court
Procedure
To register the former owner of the house, you must adhere to the following procedure:
- Make sure that residents do not want to be deregistered. Maybe the person was just in the hospital or away, but actually doesn’t mind. In any case, the refusal must be received in writing, endorsed by a personal signature. Then you won't have to go to court for help.
- Visit the management company to get an extract from the house register. The certificate provides the necessary information about those people who are registered in the living space.
- Write an official statement in which you clearly indicate that the former owner is violating the rights in relation to the new owners of the sold apartment.
- Send documents to court.
- It is necessary to pay a state fee of 300 rubles.
- Before the hearing, it is advisable to speak with a lawyer and ask for advice in order to present your position and requirements at the hearing as accurately as possible. The defendant may not come to the hearing, but in this case the consideration of the case will not be cancelled. The court will make a decision depending on the data provided.
- After completing the process in favor of the plaintiff, you must come to the office to receive a copy of the writ of execution. Take this document to the department of the Ministry of Internal Affairs.
Further, law enforcement agencies will independently engage in the following operations, and soon the former residents will be discharged from the apartment without their consent.
What is included in the claim
The main argument for your position is considered to be a statement of claim that is filed in court. It is in the text of this document that the citizen indicates the requirements and presents evidence.
The paper must contain the following information:
- Introduction and name of the court where the person is sending the document.
- Full name of the plaintiff and passport details of both parties.
- The reason why a person goes to court. It is necessary to write down a sentence “on refusal to leave the living space.”
- Clarification of the position, referring to laws and regulations.
- The requirement is to expel the former owner from the apartment without his consent.
- Attach a list of documents.
- At the end there is a personal signature and the date of compilation.
It is allowed to write the text of the paper by hand, but legibly and without errors. It is advisable to use a blue or black pen.
The legislative framework
When drawing up a purchase and sale agreement, a clause must be included on the registration of the old owners within a certain period. For the judge, this is an argument in favor of eviction if the conditions have not been met. When this provision is not included in the document, it is necessary to use the civil code.
A list of laws that you can rely on to write out the former owner:
- Article 209 of the Civil Code, paragraph 1 - the owner can independently dispose of the purchased property.
- 235 art. Civil Code, clause No. 1 - the right of use is terminated at the moment when the previous owner of the residential property sells it.
- Article 292 of the Civil Code, paragraph 2. If a formal agreement is concluded between the buyer and the seller, then the right to transfer property is considered legal. The former owner has no legitimate interest in using the residential premises, nor in allowing his family members to enter the apartment.
These provisions indicate that after the purchase, the new owner is authorized not to open the door to the former owner, as well as his relatives, since they interfere with the legal possession of the purchased apartment.
Based on these documents and a clause in the contract, the court will forcibly evict the former residents. The resolution of the executive body must be submitted to the Ministry of Internal Affairs so that the employees can independently resolve the issue.
