How to legally kick your ex-husband out of the house if he doesn’t leave

Eviction methods

First of all, there are several ways to evict:

By voluntary consent, the ex-wife can talk with her husband and tell him about the prospects of eviction through the court. All costs will have to be paid by the losing party, and the spouse will still have to move out.
Forced eviction - if the former husband is not even registered in the wife’s living space, then the spouse can call the local police officer or the police, who will expel the ex from the apartment.
According to the court decision, the wife must file a lawsuit demanding to vacate the living space.

But the spouse must understand that throwing things away is unacceptable, since the victim may hold her accountable. Moreover, sometimes in the process of litigation, factors are discovered that prevent the expulsion of the ex. Each situation has its own characteristics and is therefore considered individually.

Procedure and procedure

In order to resolve the dispute, the woman needs to contact the judicial authority and obtain a ruling, which she then submits to the bailiff. The specialist acts in the following order:

Study of the writ of execution.
Issuance of a resolution to initiate proceedings.
Calling a man to offer voluntary consent to accept the terms of the decision.
If it is not possible to resolve the issue, a document is drawn up that assigns a fee for payment.
The bailiff goes to the location of the property.
Delivery of a notice indicating the exact deadline by which the apartment must be vacated.
Forced eviction.

The procedure is carried out in the presence of two witnesses.

Statement of claim

A claim for eviction of a former spouse (sample) must contain the following information:

Name of the judicial authority.
Personal information of the plaintiff and defendant. You must provide your address and contacts.
Document's name.
Description of the situation, indicating the number of children and other family members. Report known facts about your husband's real estate. If violations were committed on his part, this also needs to be written about.
Links to norms of legislative acts.
Requirements.
List of accompanying documents.

The plaintiff does not have the right, if the court rejects the case, to re-apply to higher authorities.

Required documents

The plaintiff additionally attaches to the application:

How to evict a roommate

If the cohabitants separate, then the spouse is obliged to leave the apartment. Although there are many nuances here. For example, when he is registered on the territory of a friend or does not have his own living space. In these cases, the court sets a certain time during which the former is granted the right to use housing. The court may make such a decision if:

there is no home and no opportunity to rent it;
disability, pension, elderly status, health problems;
the fact of creating unbearable living conditions has been established;
the former has dependents.

The court will examine the evidence provided by both parties.

About the opportunity

The legislation of the Russian Federation allows you to evict your ex-spouse - unless, of course, he is a co-owner of the home .

Otherwise, the property will have to be divided. There are two ways to resolve this situation:

voluntary eviction;
evict through court.

If in the first case the former life partner himself comes to the Management Company and submits an application for registration, then with the second it is already more difficult. It's going to be a troublesome matter. If he was not a co-owner of the square meters, he will be evicted , but the matter may drag on for a long time.

Read about the procedure for eviction from a communal or service apartment on our website.

If the wife owns the apartment

If the living space is registered in the name of a spouse, the law takes the side of the owner. Upon termination of the marriage relationship, the ex-husband loses his status as a family member of the owner of the apartment, and therefore also loses his right of residence. But there are several situations in which the faithful has the right to put forward counter-demands to live in an apartment, or to provide other living space:

if during the privatization of real estate it was officially registered on its territory;
if the ex pays monthly alimony to the spouse.

During the court process, the ownership of the living space of each spouse is determined. When the ex is not a co-owner of the property, his removal is significantly accelerated.

Kick out your ex-partner once or twice: when you can and when you can’t

Legal illiteracy and excessive arrogance are the hallmarks of many men and women in divorce. “I have nowhere to go after the breakup. If I stay where I was, I’ll ruin the life of my ex at the same time,” that’s what they think. When is such behavior illegal? There are several cases when the ex-spouse should say “Thank you!” that he has not yet been kicked out and things thrown out of the window. A divorced partner cannot live in a shared apartment by law if this apartment simply does not belong to him. In this case, he can be asked to pack his bags at any time.

When is eviction not possible?

Our desires do not always coincide with our capabilities. If your ex-spouse lives in the same territory with you and does not think of leaving the premises, there may be the following legal grounds:

they are the sole owners of the apartment, or they own a share of it;
the apartment was registered in their name before marriage, but the deed of gift was not issued in your name;
the property was gifted to the ex-wife or husband during the marriage;
the housing was transferred to the ex-wife or husband by inheritance;
another gratuitous transaction was carried out with the ex-husband or wife.

If you do not own a share of the apartment, you did not buy it together with your ex-partner during marriage, then you should be the one to worry about a new place of residence. Downloading rights is now a lost cause. If everything is exactly the opposite, you can start a war for the right to remain in your corner alone.

Features of the eviction procedure

When a couple has not officially dissolved their marriage, then by law they are official spouses, and therefore can occupy a common apartment. When a divorce takes place, specific situations need to be considered. Eviction is relevant if the following factors occur:

breaking windows;
wife beating;
breaking doors.

Such actions by the faithful are illegal and therefore fraught with criminal liability. But when your spouse is going to kick out your husband, you need to prepare:

obtain confirmation from neighbors about the man’s antisocial behavior;
confirmed facts of frequent calls to the police, confirming the wrongful actions of the faithful;
provide a certificate of damage received.

When a woman often contacts the police, and the officers are not particularly helpful in pacifying her violent husband, then you need to contact the prosecutor’s office.

When property was purchased during marriage

Housing acquired during marriage is a priori joint, unless there was a prenuptial agreement establishing other division algorithms. It is impossible to evict an ex-wife from her apartment immediately after a divorce. But it is permissible to buy out her share in the shared apartment from the spouse after the divorce and, after the housing has passed into sole ownership, to evict her. An alternative option is to wait until the statute of limitations for the division of property expires - 3 years.

Important! How to evict a registered ex-husband is not affected by the fact of having children together and their place of registration. However, this rule also has a downside. The eviction of the father or mother does not affect the child's registration. But, if the child is the owner of the home, then the father and mother both have the right to live with him.

What to do

The legislation clearly delineates the rights to residence. There is a specific owner of the property, in our example - the spouse. She has the right to kick her husband out of the living space, even when he is registered. It is permissible to kick out an ex when there is evidence of drug use or alcohol abuse, bullying of household members, or non-payment of utilities. Such issues are resolved in court. In this case, the following procedure is observed:

Together with a lawyer, draw up a statement of claim.
Prepare ownership documents.
Attach a certificate of termination of the relationship.
Provide evidence, testimony that serves as a strong argument for the expulsion of the ex.
Pay the state duty and provide a receipt.

The spouse needs to prepare in advance, since during the proceedings they will definitely consider:

who purchased/received housing;
whether the ex-spouse took part in privatization;
does the spouse have housing, etc.

The court must interview all witnesses and take into account all factors. It may happen that the court takes the position of the spouse. But the easiest way is to kick out your ex-husband or cohabitant when he is not registered and does not have property rights. The court may decide to divide the property, provide housing to the ex, postpone the eviction, or immediately expel the man.

Rules of law applicable when evicting an ex-husband or wife from an apartment

Articles 31, 32, 35 of the Housing Code of the Russian Federation (LC RF), Articles 209, 288, 304, 689, 699, 450 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), Article 7 of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement, choice of place stay and residence within the Russian Federation”, Civil Procedure Code (Civil Procedure Code of the Russian Federation), IC of the Russian Federation.

A typical situation from questions to a lawyer regarding housing disputes:

Question

The ex-husband filed a claim for recognition of the loss of the right to use the residential premises of me and my child from my first marriage. The situation is as follows: we are registered in the apartment of our ex-husband, who has a 1/3 share in it, the rest is in the hands of his son from his first marriage, but we have nowhere to register if we are discharged. Our common school-age child also lives with me, to whom, by court order, he must pay child support, which, by the way, he does not pay. I found in his statement of claim a mention of Article 31, paragraph 4 of the Housing Code, which, having looked through it myself, I found a clause stating that it is possible to remain registered in this apartment for a period determined by the court due to his financial situation. And as a maximum, oblige him to provide us with housing. Factors play in our favor: he is the initiator of the divorce, he is obligated to pay alimony, we were married for about 10 years, my financial situation, and besides, my son from his first marriage is studying. However, we moved away from him last year, at first we lived with family friends and then were forced to rent a rental house, which we still have difficulty renting now. Will this factor affect anything? What is the best thing for us to do?

Lawyer's answer

In your case, you have the right to file a counterclaim for moving in, determining the procedure for using the apartment (in order to assign a specific room for living), citing the circumstances that you pointed out and referring to Article 31 of the Housing Code. Courts often apply this article when establishing the right to temporary residence. An alternative requirement in the form of an obligation to purchase housing or payment of compensation is found less frequently in judicial practice, that is, success in such a claim can be counted on to a much lesser extent. Unfortunately, the argument that we don’t want to be discharged because it’s not convenient for me is not accepted by the courts. Only such an objection can be relevant, connected, firstly, with the fact that you really need housing, and, secondly, with the fact that your ex-husband and other residents are preventing you from living in the apartment (they are not allowing you to enter the apartment, they peremptorily enter your room, etc.). The fact that I am preventing you from using the apartment is enough for you to simply declare in a lawsuit, which works to your advantage.

Special cases of eviction

To make it easier to understand the eviction procedure, it is better to consider specific situations:

When the former is registered, but is not the owner of the property. In such a situation, you can expel the faithful only by a court decision. As an argument, the wife can point out that the husband leads an immoral lifestyle, disturbs neighbors or does not pay rent, etc.
If the ex is not registered and is not the owner. According to Art. 35 of the Housing Code, after a divorce, the owner of the apartment is not obliged to vacate it. But at the same time he is given a 12-month period to find another place to live.
When the spouse is the owner/co-owner of the property. The situation is legally complex, since there are property rights. You can achieve eviction only if there are grounds from the Housing Code Art. 91.
Housing has been privatized. If privatization took place before marriage, then the spouse has the right to demand the eviction of her ex. If the spouse refuses to participate in privatization, he retains the right to use the living space. When participating in privatization, he acts as a full co-owner, therefore he has every right to live in the apartment as long as he wants.
The home was purchased during marriage. It will not be possible to evict the former spouse, since everything acquired during the marriage is joint property. Although eviction is possible even in this situation, subject to a marriage contract with specific instructions on this issue, long-term absence of work from the ex and other circumstances provided for by law.

Each situation requires detailed consideration. Even in similar cases, the court can make completely opposite decisions.

Video on the topic:

Reasons

“My husband doesn’t want to leave my apartment,” many women complain. You can officially oblige him to move by legally demanding the termination of family relationships (divorce). In addition, it is possible to achieve eviction if:

The period of residence has been completed (municipal, service house);
Illegal actions have been committed.
Sanitation standards were not observed.
The owner of the property has changed.
The apartment has become unusable.

In marriage, spouses have the right to use each other's property.

Litigation and document preparation

Before initiating a lawsuit, it is necessary to assess the chances, analyze whether there are obstacles to eviction, and use ways of pre-trial amicable resolution of the issue. If there are no ways to influence the ex-spouse for voluntary discharge, then go to court. Consideration of issues of how to evict if the ex-spouse is registered falls under the jurisdiction of district courts.

Procedure

The procedure is quite simple:

Analyze the essence of the case and the grounds for eviction.
Prepare a statement of claim. It is necessary to substantiate your demands as much as possible and provide the court with documentary evidence of your position as a plaintiff.
Take part in meetings. It may be necessary to make additional applications and provide certificates.
Get a court decision.
Wait for the court decision to come into force or challenge it, depending on the essence of the decision.
Submit the court decision to the housing authority for discharge.
If the spouse refuses to leave the home peacefully, contact the bailiffs for forced eviction.

Required set of documents

What documents are needed to evict an apartment depend on whether the apartment is private, municipal or official property. In general you will need:

statement of claim;
title papers for housing;
extract from the house register;
paper from BTI;
plaintiff's passport;
certificate of termination of marriage;
birth certificates of children (if any);
receipt confirming payment of the duty

Documents for eviction from a municipally owned apartment must be supplemented with confirmation of the existence of grounds for termination of the right to use housing. These include: facts of violation of the rules for using an apartment, evidence of damage to housing, confirmation of long-term residence at a different address, etc.

In accordance with current legislation, consideration of eviction issues by the court is carried out for a fee. The fee is 200 rubles. The fee is paid by the plaintiff before filing the statement of claim. At the end of the process, the amount of costs may be recovered from the defendant if the claims were satisfied by the court.

When making a decision, the court is guided by several points. First of all, this is whether the ex-spouse has other housing. Owned real estate is taken into account primarily, and then the right of residence. The financial situation of the parties, the duration of the marriage, and the specifics of the division of property are taken into account. It will also be taken into account with which spouse the child remained to live after the divorce, etc.