Matrimonial relations can be destroyed at any time, which leads to the dissolution of the marriage. Statistics show that almost every third marriage breaks up. This not only leads to difficult moral consequences for citizens, but also there are certain difficulties with the division of property. Often, the ex-spouse is required to be evicted from the apartment. The eviction procedure depends on whether the ex-husband has rights to this property. The process can be carried out voluntarily or forcibly, and in the second case you have to go to court.
Is it possible to evict a spouse?
After a divorce, often people still continue to live in the same apartment, since they do not have free real estate to travel. In such a situation, the immediate homeowner usually wants the former spouse to vacate the living space.
The discharge of the former spouse from the apartment is considered to be a real procedure, which is usually implemented through the court. It will not be possible to use this process under the following conditions:
- the man acts as the owner of the real estate or only part of the apartment, and the property was received by him before the marriage was registered, and during the joint residence he transferred part of the apartment to his wife on the basis of a gift agreement;
- the husband inherited housing, so he is his sole owner, regardless of whether he was married at the time or not.
Therefore, if a woman has only the right to use housing, then under article 31 of the LC RF she will not be able to evict her rightful owner from housing. In other situations, a husband is allowed to be discharged. The procedure can be carried out peacefully when the former spouse agrees to be deregistered at a specific address. If he is categorically against this process, then his statement is realized exclusively with the help of a court decision.
Grounds
A woman must have really good reason for evicting her ex-spouse from the apartment. This is due to the fact that if family relations between people simply cease, this cannot become a reason for losing the right to use an apartment owned by an ex-spouse.
If a woman is the rightful owner of real estate, then she can evict the spouse, indicating at the same time the divorce in the lawsuit. If the housing is municipal, then the rights to an apartment after a divorce are the same for both a man and a woman. Therefore, forced eviction is possible only if there are good reasons:
- For a long time, a man is absent from the apartment, therefore he actually lives in another real estate;
- he does not use housing for his intended purpose, for example, rents a room or engages in industrial activities on the premises;
- behaves immorally, rowdy or simply interferes with the life of the former spouse or neighbors;
- does not pay utility bills, and it is important to prove a systematic violation, therefore, a woman should have evidence that the man did not deposit funds for six months or a longer period of time;
- a citizen intentionally violates the integrity of real estate, communication systems, furniture or other elements located in an apartment.
All the above grounds must be confirmed by official documents. Only in this case, eviction from the apartment by court decision can be carried out. Such reasons can be used not only to evict the former spouse, but also other persons registered in real estate.
Eviction Methods
Different methods can be used to evict the ex-spouse from the apartment. These include:
- voluntary extract of a citizen, for which he visits the passport office and fills out the check-out sheet, so he loses the right to reside in real estate;
- forced eviction, for which a woman draws up and files a lawsuit.
The first method is considered the most optimal and simple, but rarely enough the former spouses are in a good relationship, so usually all disagreements and issues between them have to be resolved through the court.
The nuances of forced eviction
Forced eviction can be realized by different methods:
- if the woman is the actual owner of the real estate, then she can sue, where she will demand the abolition of the spouse’s right to reside in her apartment, and after the court satisfies the claims, a copy of the decision is sent to the passport office, which leads to the citizen being deregistered at a specific address ;
- a woman can sell or donate her apartment to third parties, after which the new owners can evict the man through the court, since under such conditions he lives illegally in the living space;
- often spouses live in housing owned by third parties, for which they draw up a lease, so after the expiration of its validity a woman can draw up another contract with the owners, where only she will be listed as a tenant, so it will not be difficult for her to evict her ex-husband;
- if a man was registered in Russia on a temporary basis, then after the end of his tenure he will be completely evicted from the country, therefore he will be removed from the place of registration;
- often when a marriage is concluded between citizens, a prenuptial agreement is drawn up, which indicates that after a divorce a man loses the right to live in a woman’s apartment.
Section of an apartment after a divorce is officially required only in a situation where real estate is classified as jointly acquired property.
How is a man evicted?
The procedure for eviction from the apartment of the former spouse involves the implementation of sequential actions. Therefore, a woman should implement the steps:
- Initially, you should try to resolve the differences by peaceful means, for which a written request for eviction is sent to the man, and for this you can use the mail or personal transfer of the document;
- even if the man does not react in any way to this demand, it is necessarily applied in the future to the statement of claim and serves as proof that the woman really tried to resolve the issue in a peaceful way;
- if the ex-husband does not fulfill the requirement, then a lawsuit is drawn up in the court, which indicates the name of the judicial authority, information about the participants in the process, the address of the property, and also provides a request for the eviction of the ex-spouse;
- legal proceedings are being held to determine the right and opportunity for a man to continue to live in real estate;
- if the claim of the plaintiff is satisfied, then the court decision should apply to the passport office with a statement on removing the man from the registration account;
- if the court makes a negative decision, then you can file a complaint with higher state bodies;
- after removing the man from the register, a notification should be sent to him about the need to vacate the living space;
- if the ex-spouse voluntarily does not agree to leave the dwelling, you will have to use the help of the bailiffs who expel the citizen forcibly.
Depending on different situations, the actions taken may vary slightly. It is advisable to hire a woman with a housing lawyer so that he is fully engaged in all matters relating to the removal of a man from real estate. The cost of his services may vary significantly in different regions, but due to his participation you can be sure of a positive outcome.
How is the joint property divided?
If the apartment belongs to both citizens, then the spouse will not be able to write out from it, since he is the owner of a part of the property. In this case, an apartment section is required, for which the following requirements and rules are taken into account:
- the division may be carried out peacefully or through a court;
- takes into account whether the apartment is privatized or owned by the state;
- there are certain nuances if the apartment was purchased with the use of matkapital or mortgage.
If there is a donated apartment received by the wife, then this housing belongs exclusively to the woman. Therefore, she acts as the full owner of this apartment. In this case, she can discharge her ex-husband from housing.
How to evict from a privatized apartment?
Most often, the ex-spouse is evicted from a privatized apartment. This procedure has many features:
- if the privatization was carried out by the spouses jointly during the marriage, the man and woman are co-owners of the property, therefore, under such conditions it will not work to evict the ex-husband;
- if a man refused to privatize, but was registered in real estate, then on the basis of Art. 292 of the Civil Code, he has a life-long right to reside in this apartment, so it will be impossible to write him out;
- if a man was registered in the facility after privatization, he can be evicted on the basis of a court decision.
It is advisable for a woman to engage a housing lawyer in order to obtain relevant information on the rights of each person registered in the apartment.
Nuances for a donated or inherited object
If a person receives an apartment on the basis of a deed of will or testament, then he is its sole owner, even in a situation if at the time of receipt of the object was in official relations.
If the marriage is dissolved, then the spouse loses the right to live in this real estate on the basis of Article 31 of the LC RF, therefore he can be forcibly evicted by his ex-wife. The basis for filing a claim is title documents for real estate.
Therefore, it is quite simple to write a former spouse out of a donated apartment.
Features for municipal housing
The eviction of a former spouse from a municipal apartment is considered a complex process, as citizens have equal rights to live in real estate if they are officially registered in it.
Even if the man is not a responsible tenant, he can use the apartment for permanent residence. Write it out in the absence of good reason will not work.
The only option for solving this problem is the exchange of municipal real estate. For this, tenants must find the best options for the exchange. If a man refuses different options, then he can be forced through a court decision.
A man can be discharged from municipal housing if there is evidence of his immoral or asocial behavior. In this case, the citizen is discharged forever. Often a man at all decides to voluntarily leave the property, for which he is deregistered in the passport office. In this case, there is no need to file a lawsuit.
Specifics for a business apartment
The procedure for using official housing is regulated by the provisions of Art. 31, 65 and 67 LCDs. When concluding a contract of employment, all family members of a particular employer are registered. All these citizens cannot use office housing without a direct employer, therefore, upon termination of employment, all these people are discharged from the apartment.
Family members of the employer cannot live separately in the apartment. If a man does not have other housing where he can live, then he may temporarily retain the right to reside in official property. In this case, a specific term is directly stipulated in court.
The nuances of going to court
Most often, ex-spouses are written out on the basis of a court decision, as they refuse to voluntarily leave the living space. To appeal to the court, a woman must have good reason. To do this, she prepares the following documents:
- correctly drawn up claim;
- title papers for the apartment;
- extract from the USRN;
- certificate of divorce;
- evidence in a particular case, which confirms the legitimacy of the claim.
When checking the application, the judge must make sure that all necessary documents have been attached to him. If the necessary papers are answered, the claim will not be accepted.
How to make a statement?
It is desirable to form a claim for the eviction of the ex-spouse from the apartment with the help of an experienced lawyer, since a woman herself can make many mistakes. Be sure to include information in this document:
- name of the court where the claim is transferred;
- information about the plaintiff and defendant;
- demand for the eviction of the former spouse of the woman;
- reasons for the forced expulsion of men;
- lists the circumstances on the basis of which the claim is made;
- a list of documents attached to the claim is included;
- It is advisable to indicate links to various regulations confirming the rightness of the woman;
- at the end, a request is made to satisfy specific requirements.
As soon as all the necessary documents are collected, they are transferred to the court at the address of the apartment.
Conclusion
The procedure for evicting a former spouse is considered quite complicated, and its outcome depends on whether the property is private or privatized, as well as who is its direct owner.
The process can be carried out in a peaceful way, when a man is voluntarily discharged from housing, but most often it is necessary to resort to a forced method involving going to court. To satisfy the claim, it is necessary to attach evidence of unlawful actions on the part of the ex-husband registered in the apartment to the claim.