There are a number of cases when a person needs to be discharged from the apartment. Most often, such a need arises in a situation where one of the family members does not live in the apartment for a long time. But it also happens that the mentioned action is necessary due to uncomplicated relations between the spouses.
The reason, of course, is not particularly joyful, but, nevertheless, requiring some action. In this regard, citizens who are faced with this problem are trying to find the answer to the following question:
"How to get a stranger
out of the apartment without his consent?" As you know, very rarely people part "like ships in the sea." Often, relations pass into the stage of the Cold War, when, it seems, no military operations are conducted, but reconciliation is not necessary. In short, it is possible to carry out your plan without the knowledge of the person being written out. But how to get him out of the apartment? Through the court - this is the only possible option.
Let's look at the situation when it comes to the release of privatized housing. The most pleasant thing here is that in case of acquiring an apartment before marriage, it is very simple to fulfill the plan. We take the Housing Code and read article 31. It states that the right to use an apartment with an ex-husband or wife ends at the very moment when a divorce from its owner is officially registered. Clearly and unequivocally.
It is enough just to go to court and, referring to the fourth paragraph of the mentioned article, to make your own or your "ex" pen. By the way, if suddenly the relatives of the “dismissed” spouse or spouse lived with you, then they also have no right to use the living space after the divorce, since from now on they are no longer relatives to you.
It is much more difficult to write an ex-wife or husband out of the apartment if the apartment was privatized at one time with her or his consent. Here, no court will help. And again on stage is the
31st article of the LC RF. It says that since people have entrusted you with their share of housing, you can’t just take them out and drive them out (let’s call a spade a spade).
It is noteworthy that the right to use the apartment with the indicated persons is reserved for them even if square meters become the property of another person or persons. Incidentally, this greatly complicates the sale of real estate. What then remains to be done? Since there are no levers of influence left, and you still prefer to honor the Criminal Code, only persuasions will save. Of course, long, nervous, and in some cases also completely useless.
Sometimes it is required to discharge a minor child from the apartment. Since we are considering
privatized housing, it should be noted that this is very difficult. This is because, as a result of real estate transactions, housing conditions may worsen, in which the peanut grows up. And then write it was gone:
the guardianship and trusteeship authorities will not allow anyone to write a child out of the apartment. Along the way, canceling the emerging transaction was. Well ... you have to wait a bit ... just a little ... until the coming of age of your child.