Evicting your ex-spouse from your home. How to evict your ex-husband from your apartment? Procedure for eviction from personal housing

Evicting a husband from an apartment after separation may become necessary if the ex-partner does not want to leave the home himself. There are many reasons for continuing to live in an apartment when a divorce has already been filed: from the lack of another place of residence to a simple reluctance to move out. The law provides procedures for how to evict an ex-husband from an apartment against his will - loss of the right to use. However, there are nuances and limitations.

When eviction is not possible

Important! Please keep in mind that:

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

Russian legislation prescribes not only how to evict an ex-wife from an apartment, but also the moments when this cannot be done. The law prohibits the forcible eviction of a person from housing participating in privatization, but who has formalized the refusal. Refusal of privatization deprives a citizen of the right to own real estate, but gives the right to lifelong residence in an apartment. If the spouse refused privatization, but had legal grounds for it, then there is no method for evicting the ex-husband from the privatized apartment. Such an action is impossible.

The law also prohibits depriving a citizen of the right to live in his own home. The acquisition of real estate ownership can occur by:

purchases;
receiving as a gift;
inheritance;
privatization;
transfer of ownership.

Based on this, there are no legal algorithms for how to evict an ex-wife from a privatized apartment or a house received by inheritance. The fact of the presence or absence of a spouse’s registration in the apartment does not affect the situation.

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 a spouse’s share in the shared apartment after the divorce and evict her after the housing has been transferred to sole ownership. Alternative option- wait until the deadline expires limitation period for division of property – 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 reverse side. 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.

Procedure for eviction from personal housing

Spouses during marriage have the right to live in an apartment owned by the second partner. However, after a divorce, the person who is not the owner loses his right of residence. Formally, the citizen must leave the apartment and check out. But not everyone does this voluntarily, so there is a legal mechanism for how to evict an ex-wife from her ex-husband’s own apartment. The law approves two procedural documents that give the right to discharge a citizen: an application and a court decision. Therefore, in order to force deregistration, the owner will need to go to court after a divorce.

The statement of claim is drawn up on the basis of Art. 35 of the Housing Code of the Russian Federation, which states that a spouse who does not own housing loses his right to residence after divorce. But it should be understood that eviction from the ex-husband’s apartment may not happen immediately if the spouse has nowhere else to live. The court may preserve the right to live in an apartment ex-wife on certain period. Not designated by law deadline preservation of the right. It only states that the court cannot completely refuse to evict the owner.

If the apartment belongs to the municipality

The algorithm for evicting a registered ex-husband from a municipal apartment differs from the procedure for evicting one from one’s own property. Spouses living under a social tenancy agreement have equal rights to housing. The owner, that is, the municipality, and not the second spouse, has the right to evict them. Therefore, the fact of divorce does not affect the statement. But there are a number of points on how to evict a registered ex-wife from a municipal apartment:

agree on voluntary discharge;
deprive a woman of parental rights to a common child;
prove the fact of damage to housing;
provide evidence permanent residence elsewhere.

As you can see, eviction from a municipal apartment is quite difficult. Based on judicial practice, the temporary absence of a tenant is not enough for eviction. It is necessary to prove that the citizen actually permanently lives at a different address. The fact of non-payment of utility bills is also not a reason to go to court with an eviction claim. The responsibility to pay for the use of municipal housing rests with all residents. It is only permissible to forcefully collect funds from one tenant in favor of another, who made payments for both.

Eviction from a service apartment

Service housing does not refer to real estate owned by either spouse. It is provided by an enterprise or institution for the needs of employees. The most common case is official housing for military personnel. In accordance with the procedure for granting the right to live in a service apartment, the employee to whom housing is issued and family members have the right to live in a service apartment. After the divorce, the spouse loses the right to live in such an apartment.

At the request (application) of the one in the couple who receives housing from the employer, the second spouse may be evicted. However, this rule does not apply to situations where both partners have the right to housing. The court may also take into account the living conditions of the ex-spouse, the territorial location of other housing and satisfy the petition to extend the right to reside in a service apartment.

Rent agreement and eviction from the apartment

The presence of rent presupposes that the housing is not yet the property of the spouses. This is the property that will be repossessed at the end of the rental agreement. If both spouses are parties to an agreement, then eviction of either of them solely on the basis of a divorce is not possible. It is necessary that the person who is planned to be evicted has violated the terms of the rental agreement. Otherwise ex-wife and the husband has equal rights and upon expiration of the annuity, both will become shared owners of the home.

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. 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 procedure 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 must be paid by the plaintiff before filing. 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.

Eviction deadlines

The law does not define a clear time frame for the eviction and removal of a Russian from an apartment. The issue is most quickly resolved in situations such as how to evict an ex-husband from his wife’s own apartment, provided that the man has another place to live. You will need to wait 10 days from the date of the court decision on eviction. The duration of the trial will depend on the circumstances of the case and the preparedness of the plaintiff.

But if it is necessary to evict a former spouse from jointly acquired property, then you will need to wait, at a minimum, for the completion of the process of dividing property. The court may also take into account the defendant’s request for a period to find other housing while preserving the right to live in the apartment, which is the personal property of the plaintiff. There are no legal time limits for searches. They are determined by the court individually. By analyzing judicial practice, it is possible to determine the average period provided by the courts, as a rule, six months.

Bar lawyer legal protection. Specializes in handling cases related to appealing illegal actions of officials, housing disputes, and collecting penalties from developers. Extensive experience in working under 214 Federal Laws.

Is it possible to evict an ex-wife (husband) from an apartment?

Deprive former relative housing use rights possible in clearly defined cases.

Municipal authorities will not help here.

There is also another way - application of administrative measures. This is possible in a situation where, although he uses it.

How to evict a husband from an apartment if he is not registered in it? In such a situation, the owner or other residents can give the citizen his belongings and prohibit him from appearing in the apartment. In case of disagreement Can resort to calling the police.

Under no circumstances should the evicted person's belongings be thrown out of the premises or allowed to be damaged. Such actions will result in legal liability.

If a citizen evicted in this way does not agree with the actions of the owner, then he will have to file an application with the court.

The owner will have to make counterclaims during the process, which is much easier registration claim.

How to evict your ex-husband from your apartment?

How to evict your ex-wife or ex-husband from your own apartment? The process should begin by obtaining a divorce certificate and attempting to resolve the issue voluntarily. If this does not work, then you can proceed to file a claim.

The application is submitted to the district court at the location of the property. This order has been established. The document must reflect the following information:

The following documents must be attached to the application:

a copy of the claim for the defendant and third parties, if any;
receipt for payment of state duty;
document confirming ownership;
marriage certificate and divorce certificate.

You can draw up the document yourself using a sample, or seek help from lawyers.

The cost of considering an application today is 300 rubles in accordance with.

Cases in this category of cases are considered fairly quickly, within 1-2 meetings. If the defendant decides to appeal a decision made not in his favor, the process will last for several months.

Circumstances may also arise, indicating existence of a legal dispute.

For example, difficulties will arise in the case where a citizen purchased an apartment before marriage using a mortgage and during life together made the appropriate payments. How to evict a mortgaged apartment purchased before marriage?

In such a situation, it can be argued that payments came from the general budget, and the defendant has the right to part of the residential premises.

The claim may be reclassified as a case of division of jointly acquired property.

The court decision on this claim can be of 2 types. In one case, the citizen must vacate the premises within a few days.

If the person, for reasons of an economic nature, then the court makes a decision granting him the right to reside in the premises for a limited period. Typically from 6 to 12 months.

In case of violation of a court decision, the interested party has the right to resort to the assistance of bailiffs. How to evict your ex-spouse?

The situation is a little more complicated. The legislation provides that the spouse, who at the time of completion of the process of denationalization of housing had the right to use the apartment, will retain it in any case in the future.

This provision is contained in Article 19 of Law No. 189-FZ of December 29, 2004 “On the entry into force of the RF Housing Code”.

If the apartment was privatized before the ex-wife moved into it, then termination of the right to use is carried out on a general basis.

Eviction from a municipal apartment

Article 69, paragraph 4, expressly states that after divorce ex-spouse becomes self-employed parts of the living space.

A citizen can be deprived of the right to use this apartment in the following cases:

He fails to fulfill his duties as a tenant, for example, for the use of real estate (read about eviction).
Face carelessly treats property, allows it to be damaged, which entails the risk of destruction of property.

In such a situation, it will be necessary to refer to the provisions, as well as provide evidence of the described facts.

There are no obstacles to evict a citizen from a residential premises owned by another citizen. However, if the apartment is municipal, It will be extremely difficult to terminate the right to use real estate.

How to evict your ex-husband from the apartment if he? Find out about it in the video:

Any divorce process is always accompanied by the division of joint property. If such property is a living space, then it is also divided equally. What if the apartment belongs to one of the spouses, for example, the wife? And the second one doesn’t want to lose the right to use this apartment after the divorce?

Former spouses can sort things out endlessly, but regarding the right to use housing after a divorce, the law speaks clearly and clearly: the spouse who is not the owner of the residential premises, after the divorce, loses the right to live in the apartment of the second spouse-owner.

Is it possible to evict your ex-spouse?

If he is not a co-owner of the apartment, then in the vast majority of cases, yes, he can be evicted.

Cancellation family relations(namely, this happens after the divorce) automatically terminates the second spouse’s right to use the residential premises. Moreover, by the term “use” the legislation defines not only registration, but also residence in the apartment of the spouse-owner.

When can you evict?

Eviction from a residential premises after a divorce is possible in cases where:

The owner of the apartment is one of the spouses, but the other has no right to it. This is possible in cases where the apartment was purchased by the wife before marriage or was already inherited during marriage or received as a gift.
A marriage contract was not concluded between the spouses, or it was concluded, but the husband’s right to use the residential premises after the divorce was not stipulated.

The above situations are sufficient grounds for eviction of the husband after termination marital relations.

In what cases is it not possible to evict?

There are often situations when it will not be possible to evict a former spouse even through the court, or eviction will be difficult. Such situations include:

The presence of a marriage contract, which specifies the husband’s right to use residential premises belonging to his wife even after a divorce.
Joint purchase of residential premises during marriage. In this case, the husband has the same right to the apartment as the wife.
Alimony obligations. If the ex-spouse pays child support, the court may grant him a deferment to find alternative housing.
The apartment belongs only to the husband; the wife is neither the sole owner nor a co-owner. In this case, naturally, she does not have the right to evict her ex-husband; on the contrary, she will have to leave the living space.

For example, the spouses Victor and Lyudmila Nadezhdin lived in a rented apartment for several years after marriage. In 2016, Victor inherited a three-room apartment from his father, into which he moved with his wife.

Six months later, Lyudmila decided to divorce Victor and filed a claim for divorce and division of joint property, including three-room apartment. Victor Nadezhdin, having received a copy of his wife’s statement of claim, filed a counterclaim for divorce and Lyudmila’s eviction from the living quarters due to her loss of grounds for living in the inherited apartment.

The court, having considered all the materials of the case, decided: to satisfy Nadezhdin’s counterclaim in full, to dissolve the marriage between Lyudmila and Viktor Nadezhdin and to recognize the defendant as having lost the right to reside in the plaintiff’s apartment. This decision was made on the basis of a legal norm, according to which all inherited property is personal and is not subject to division during a divorce, which means that after a divorce the defendant loses the right to use such property.

Reasons and methods of eviction

Reasons

So, in order to evict an ex-husband from an apartment owned by his wife, it is enough to dissolve the marriage with him. But what to do if the apartment is municipal, that is, it actually does not belong to either the wife or the husband?

In this case, the grounds for eviction may be:

actual long-term residence of the husband in another place, but one must remember that if he spends the night outside the house from time to time, then this fact cannot become a reason for eviction;
the husband’s use of the residential premises for other purposes, for example, he turned the apartment into a warehouse or office;
immoral behavior, and such behavior will become a reason for eviction only if it is malicious and repeated, and not one-time, for example, if the ex-husband made a row once, and the rest of the time he behaves quietly, then the court is unlikely to make a decision on eviction;
debt on utility bills for more than six months (the problem here is that it is quite difficult to prove that it is the ex-husband who does not pay for the utility bills; in court he can declare that he gives his wife the money in her hands and that she does not pay the rent );
intentional damage to residential premises, unauthorized redevelopment of an apartment, damage to communication systems and engineering structures.

Methods

There are two ways to evict your ex-husband from a living space:

voluntary;
forced.

Of course, the first method is preferable, but the husband does not always leave his ex-wife voluntarily, then forced eviction remains.

A forced eviction procedure involves contacting the judicial authorities, and then, after the court decision enters into legal force, contacting the bailiff service. Only these two authorities have the right to make decisions and measures to discharge and evict an unwanted tenant.

An ex-wife can resort to forced eviction in the following situations:

The owner of the residential premises applies to the court with a claim to evict her ex-spouse and demand to recognize him as a person who has lost the right to use the residential premises. Having received the court decision, she can contact the Department of the Ministry of Internal Affairs of the Russian Federation with a copy of the court decision and remove her ex-husband from the registration register. After this, if the husband continues to persist and does not move out, she applies to the SSP to open enforcement proceedings and the bailiffs are already engaged in forced eviction.
The owner can transfer the apartment to third parties (sell or donate) and the new owners are already engaged in eviction. Often, such eviction options are practiced in cases where the ex-wife does not want or is afraid to meet with her ex-husband even on neutral territory (in court) and transfers ownership of the apartment to close friends or relatives.
It is not uncommon for a married couple to occupy residential premises under a lease agreement. After a divorce, a woman can renew the contract only for herself; in this case, the apartment owners have the right to file a lawsuit to evict the ex-husband of their tenant.

In cases where a marriage contract was signed at the time of marriage, disputes regarding the use of residential premises after a divorce are resolved in accordance with the agreement, for example, if the contract states that the husband can live in the residential premises even after the divorce, then evict him, even According to the court, it won't work.

For example, the Vasiliev spouses, immediately after marriage, entered into a marriage contract, according to which, in the event of divorce, if the couple has children together, the husband leaves the apartment, which is his personal property, to his wife and children, and he himself leaves the living quarters.

The couple were married for eight years and had two children. Further family life things didn't work out, the couple decided to divorce. But the husband refused to leave the apartment, since at that time things were not going well for him, he did not have the funds to purchase another apartment, and he did not want to rent a house.

He filed a claim with the court to deregister his wife and evict her from his apartment, citing the fact that after the divorce she lost the right to use the apartment. In court, the ex-wife presented the marriage contract concluded between her and her ex-husband and filed a counterclaim to evict her ex-husband.

The court took into account the marriage contract and decided to deregister and evict citizen Vasilyev, motivating the decision by the conditions specified in the contract.

Procedure for eviction of ex-husband through court

When evicting your ex-husband, you must follow a certain procedure (algorithm) of actions:

The first thing you need to do is decide on what grounds you can evict your ex-spouse.
The second step should be notification that he has lost the right to live in your apartment and must move out. You should try to give the notice in writing, but if this is not possible, then inform about the need to evict in the presence of two witnesses, who will subsequently be able to confirm in court that the defendant was notified of the need to move out.
If you receive a refusal, or your ex-husband ignores the request, you can begin preparing for court hearings.
The next step is to prepare a statement of claim and collect necessary documents.
After the entire package of documents has been collected and the statement of claim has been drawn up, it is necessary to pay the state fee and submit the documents to the court.
The next mandatory step is participation in court hearings. Moreover, the plaintiff can either be present in court or resort to the help of his legal representative. In this case, you will need to take care in advance of a power of attorney to transfer your powers. Any person you trust can become a legal representative: a lawyer, a relative, a close friend, even a good neighbor.
After the court makes a decision, it will be necessary to wait for it to enter into legal force (if the defendant has not filed an appeal, then the court decision will enter into legal force one month after the verdict is issued).
Obtaining a copy of the court order and writ of execution from the court office.
Transferring a copy of the court decision for deregistration, usually issued by the migration service.
If the ex-husband still does not want to move out, ignoring the court decision, then your next step is to visit the bailiff service with a statement to initiate enforcement proceedings.
Next, the SSP enters into the eviction process, if necessary, involving the police in forced eviction.

In no case should you try to forcibly evict the defendant yourself or with the help of loved ones, even after the court decision has entered into force. This is fraught with serious consequences for both you and your assistants; it may happen that you become a defendant in a case for compensation for moral, material or physical harm.

For example, citizen Vorobyova won a lawsuit against her ex-husband to evict him from a residential building owned by Vorobyova. Having received the court decision, she did not contact the SSP, but asked her brother to help her kick out the unwanted “guest.” The plaintiff’s brother, taking his friend to help, tried to force Vorobyova’s ex-husband out of the house and throw away his things. He resisted. As a result, the defendant's expensive equipment was broken, and he himself received moderate injuries.

The plaintiff’s ex-husband, “armed” with a certificate from the hospital, as well as checks for the purchase of equipment and bank statements, filed a claim for compensation for moral, material and physical harm against Vorobyova’s brother in the amount of two hundred thousand rubles and won the court.

Statement of claim

Documents

A certain package of documents must be attached to the claim. Depending on the situation, the list of papers may vary, but some of them are required in almost all cases, namely:

a copy of the plaintiff's passport;
title documents for the disputed housing;
certificate of divorce;
notice of eviction and, if available, a response to it;
receipt of payment of state duty;
witness testimony (provided that the witnesses personally confirm them in court).

All documents, except the receipt for payment of the state duty, are submitted in copies. The original receipt must be attached.

The court may require additional documents. At the same time, he can request some of them from one or another authority on his own; the court may oblige the plaintiff or defendant to present some documents at the next court hearing.

Timing and cost

It is impossible to determine exactly how long a particular legal dispute will last; everything will depend on the readiness of the plaintiff and defendant for the court hearing, the availability of evidence, grounds for eviction, the defendant’s agreement or disagreement with the eviction, the financial or physical condition of the plaintiff and defendant. The entire process can take from one or two months to several years.

It is also impossible to determine how much this will cost the plaintiff. trial. The cost of the state fee is 300 rubles; if the plaintiff does not intend to resort to the help of lawyers, then it is quite possible that the costs of the trial will be limited to this.

But not every citizen understands jurisprudence; often, in order not to lose the lawsuit, the plaintiff turns to lawyers for help, in which case the amount that will have to be spent will, of course, increase. If the court's decision is positive, the defendant usually pays all legal costs.

The nuances of eviction of an ex-husband:

From a council apartment

He is registered

It is quite difficult to discharge an ex-husband from a municipal housing unit if he is registered there and does not violate the rules of the hostel. If the apartment is large, then you can try to apply to the local municipality with a request to allocate, for example, two one-room apartments instead of one three-room apartment, but in practice this option is almost impossible. We will have to somehow negotiate and try to resolve the problem peacefully.

Not registered

In this situation, it is much easier to evict your ex-husband. After a divorce, the bougie ceases to be a member of the family and has no right to be in the living quarters. In this case, it will be enough to file a complaint with local authority self-government, in particularly difficult cases, involve the police.

From a privatized apartment

He is registered

Registration in a privatized apartment gives the husband the right to use this housing, but only as long as he is a relative of the owner of the residential premises. Once the marriage is dissolved, the ex-husband loses his right of residence and may be evicted.

It must be borne in mind that if the ex-husband does not have alternative living space, the court may allow him to remain in the residential premises for three months or more, or, in some cases, until he finds other housing.

Not registered

In this case, eviction of an unwanted tenant is much easier. The right to stay in residential premises can only be given (or taken away) by the owner, therefore, after a divorce, a wife can evict her ex-husband “to nowhere” even without the help of the judiciary.

Owner

Most difficult option. Russian legislation prohibits the alienation of property from a citizen if it was acquired legally. It is not possible to evict the owner under any circumstances.

If a husband and wife are co-owners of a property, then the only option to separate from the ex-spouse will be either the sale of the property and the subsequent division of the proceeds, or the purchase from the ex-husband of his share in the residential premises.

The presence or absence of registration in the disputed housing does not play any role.

Not the owner

The easiest option when divorcing your husband, if he is not registered and is not the owner. If the relationship with your ex-husband remains normal, then you can simply ask him to move out; if the request is not heard, then go to court. At the court hearing, the wife will have to prove that she is the sole owner of the disputed meters.

Judicial practice

When considering each claim for eviction, the court carefully examines all the evidence presented by both the plaintiff and the defendant, takes into account the interests of each participant in the process, as well as third parties, if they are interested in one or another outcome of the case.

Analyzing judicial practice, we can come to the conclusion that the court will never satisfy a claim for eviction of a disabled person or incompetent citizen if the defendant does not have alternative housing.

The court also especially carefully considers eviction claims where the rights of minor family members are affected.

For example, if the son remains with his father, then the court is unlikely to decide to evict the ex-husband without providing him with alternative living quarters. Or he will generally allow the ex-husband to stay with his son in the living quarters until he reaches adulthood.

Divorce divides the spouses from one whole into two separate halves.

This procedure implies that the ex-husband and wife separate not only on paper, but also in fact. However, in practice, the separation process can be seriously delayed, especially if the spouses fail to reach an agreement. common denominator in resolving the issue.

Family feuds can last indefinitely, but the law clearly states that eviction from the apartment of a former spouse is possible. But there are also difficult situations when you cannot do without a trial. The main point when deciding on the possibility of eviction is the form of ownership of the property. For privatized apartments Some rules apply, but for municipal ones they are completely different.

Divorce is not just a stamp in a passport; this process entails a lot of consequences. When a marriage between spouses is dissolved, two previously close people lose their status as members of the same family and actually become strangers. They cease to run a common household and are not required to bear responsibility for each other. But these are more psychological consequences than physical ones. Meanwhile, getting a divorce is not easy; this process is the beginning of a whole series of chain reactions. After receiving a divorce certificate, former spouses are required to:

Determine the place of residence of joint children.
Divide jointly acquired property.

Both procedures are easier to carry out on a voluntary basis, having agreed on where the child will live and how the other party can participate in his fate. The parties can enter into a settlement agreement on the procedure for communication and the amount of child support. As for property, it is also divided in any shares convenient for the parties. But such a solution to issues is considered rather hypothetically, because divorce is often accompanied by scandals and mutual claims, and in such a state not everyone is able to resolve a conflict situation.

The division of property by law implies the following procedure:

Everything acquired during marriage is divided equally, unless a marriage contract has been signed, which implies a different order.
Real estate and other valuables purchased before marriage are not subject to division.
The residential area provided by the municipality for living on a social lease basis cannot be divided, since it is not the property of the parties.

In law, the situation is resolved quite simply, but in reality, each situation is accompanied by additional nuances, complicating the solution of the issue.

Possibility of eviction

Legislative norms regulating legal relations in the housing sector establish strict rules that apply in the event of a divorce. Article 31, paragraph 4 of the Housing Code of the Russian Federation states that the collapse of a social unit leads to the automatic cancellation of the rights of the former spouse to use real estate if he is not its owner. That is, after a divorce, he must not only move out of the apartment, but also check out of it, registering at a different address.

Eviction of a former spouse is possible if:

He does not own the property and has no interest in the premises.
The living space was purchased by the other half before the marriage.
Real estate was received as a gift or inherited, no matter before the marriage or during its existence.
The agreement on the right to reside in the apartment was not concluded and documented.

The possibility of eviction in all of the above cases can be carried out voluntarily or through the court.

Reasons

You can evict your ex-spouse from an apartment voluntarily or forcibly. When it comes to voluntary departure, reasons, evidence or compliance with other nuances are not needed. But forced expulsion requires grounds, as it must be done through the courts. Today, there are several reasons for the official eviction of an ex-spouse:

A completed divorce. The presence of a certificate of divorce indicates the termination of kinship between spouses.
Sale of real estate. In this case, the registration of a husband or wife who is not the owner can be made by both the seller and the buyer after the transaction is completed.
The expired term of the rental agreement, provided that there is no talk of its extension or re-conclusion.
For a long time, the spouse does not live in the premises, in addition, he does not pay utility bills, which is a more serious reason for terminating his registration in this premises.

When concluding a marriage contract, spouses can separately stipulate that after a divorce one of them is obliged to leave the living space. This clause is also grounds for eviction.

The cohabitation of a man and a woman is not a marriage, and therefore its termination implies that the non-owner tenant is obliged to leave the apartment. If a citizen refuses to do this, the police may be involved to resolve the issue.

Legal status of the apartment

When evicting a former spouse, the court will first look at the legal status of the property. In the Russian Federation there are the following types of property use:

Private property.
Municipal property.

Each type has its own laws and separate requirements.

Privately owned

Private property is considered to be real estate that was received by individuals into possession by concluding a purchase and sale agreement, by deed of gift, inherited or privatized. Private property can be rented from another individual under a rental agreement.

Having ownership rights to real estate means that the owner can move into the apartment and register any person into it.

To perform such an action, one reason is sufficient - the permission of the owner. But for eviction, a completely different scheme works and cannot be done without compelling reasons. Divorce is considered a serious reason for the ex-spouse to be discharged.

A delay in evicting an ex-husband or wife from his own apartment may occur if he has no other place to live. This reason cannot oblige the owner to forever provide shelter to a stranger, but the court has the right to delay the deportation for three or more months.

All of the above actions cannot be performed if the divorced person has a share in this apartment. Even the owner can be deprived of the right to reside, but this requires other compelling reasons; divorce is not one.

Municipally owned

Municipal property belongs to the state housing stock, and not to private individuals. It is provided to citizens in need of housing. Such living space is provided on a rental basis. An open-ended social tenancy agreement is concluded with the tenant, in which there is one responsible tenant. This document contains information about all citizens registered on the territory of the municipal premises. However, unlike private property all residents of a social apartment have equal rights and even the responsible tenant is such only on paper, but does not have special privileges or exclusive rights.

Only relatives of the responsible tenant can be registered in a municipal apartment. The spouse is a family member and can be registered in the premises and included in the social tenancy agreement. But if the marriage is dissolved, it will be difficult to evict him; often this will not be possible, since he is considered an equal tenant and cannot be discharged only because of divorce. Even the court will be on the side of the ex-spouse and will refuse the demands.

Sequence of actions

Without reaching a voluntary agreement, the owner must go to court. Such claims are considered by courts of general jurisdiction at the place of registration of the defendant.

The plaintiff will have to reproduce the following sequence of actions:

If there are grounds, the owner tries to resolve the issue peacefully.
If no verbal agreement has been reached, a written eviction notice should be prepared and formally served on your ex-spouse.
Refusal to comply with the required or complete disregard of the notice is grounds for going to court.
Prepare a statement of claim. This document can be drawn up independently or with the help of a lawyer.
A package of documents is being collected to support the claim.
State duty is paid.
All papers are submitted to the court secretariat for registration.
It takes from 5 to 30 days to consider the claim, after which the parties will receive notification of the date of the hearing.
You can attend the hearing yourself or through a representative.
After the decision is announced, you will have to wait until it comes into force.
A copy of the decision is sent to the territorial body of the Ministry of Internal Affairs to remove the person from the registration register.
Physical eviction is carried out with the help of the bailiff service if the ex-spouse refuses to leave the premises on his own.

The procedure will take a lot of time, and even more nerves and effort. It is more profitable for the plaintiff to contact a qualified lawyer who will take on some of these problems and reduce the number of difficulties to a minimum.

Preparing a claim

The most important part of going to court is drafting the claim.

Although this document does not have a unified form, it must be written according to the strict canons of the civil law code. Its design and meaning must be precisely verified and comply with all judicial requirements. In addition, the claim must briefly but accurately state the entire essence of the case.

The statement of claim must include the following items:

The name of the judicial authority and its address.
Information about the plaintiff - full name, registration and residence address, telephone numbers, email address.
Information about the defendant’s ex-spouse – full name, address, telephone.
Title of the document.
Information about the owner and where the right to own the property came from.
The reason why the plaintiff decided to go to court.
Grounds for eviction, here, in addition to divorce, references to the terms of the marriage contract or rental agreement can be given.
Information about pre-trial conflict resolution.
Links to legislative norms – Housing and Civil code RF.
The plaintiff's demands to evict the defendant and deregister him.
List of copies of documents attached to the application.
Date of filing the claim.
Plaintiff's signature.

When drafting a claim, it is extremely important to set out all the key facts and claims. When considering an application, the judge is guided solely by what is written in it and the available evidence. An incorrectly completed application may result in a negative result.

Collection of documents

The statement of claim must be supported by documentary evidence of the facts stated in it. Therefore, before going to court, the plaintiff will need to collect the following list of papers:

Plaintiff's passport.
Documents on ownership of a house or apartment.
Social tenancy agreement for municipal housing.
Extract from the house register.
Divorce certificate.
Notification of pre-trial resolution of the issue. It is accompanied by evidence of delivery of the paper to the defendant - this may be a signature on the notification itself that the ex-spouse received the letter or a postal inventory and notification of its delivery.
Marriage contract.
Receipt for payment of state duty.

As necessary, the list can be supplemented with other forms. Please note that all documents are submitted in copies, but it is important to have the originals with you in order to be able to confirm the data provided.

Going to court

Having completed the documents and prepared the claim, the plaintiff can go to court. Before submitting papers, check whether the state fee has been paid, as well as the number of sets of the specified list. By law, copies are prepared according to the number of participants trial. In this case there are three of them:

Judicial authority.
Plaintiff.
Defendant.

All forms are sent to the secretariat, where they are checked for completeness and correctness. After this, all that remains is to wait for notification of the trial date.

If desired, the plaintiff may not take part in the hearings. He has the right to send another person for his representation. The main thing is to draw up a power of attorney to represent this person in court.

Getting a solution

The climax of the court session is the court's decision on the decision made. Unfortunately, for the applicant himself, this is more likely the beginning of the eviction procedure than a point in resolving the conflict.

The court decision is announced orally at the hearing, but you can receive its written version much later. In addition, the defendant always has the right to challenge decision taken, which he can implement within 30 days. If no re-trials are initiated, then the applicant receives the decision in hand at the court secretariat or waits for it by mail, but the second path is much longer.

Having a court ruling in hand, you must first of all contact the territorial body of the Ministry of Internal Affairs. There, the property owner writes an application to remove the citizen from the register. Documents on ownership are attached to the application, and the owner’s passport is presented.

It is not difficult to remove a former spouse from registration if there is a court order, but the actual eviction is carried out with the assistance of other services.

Appeal to the bailiffs

You can evict a person from an apartment, if there is a reason for this in the form of a court decision, through the bailiff service. These specialists are precisely called upon to ensure the execution of court orders.

You should contact the bailiffs only if, even after the decision is made, the ex-spouse refuses to leave the apartment. In this case, the owner contacts the FSSP, where he writes an application to begin production. A copy of the resolution is attached to the application. The bailiff who is handling the case sets a date for eviction. The defendant is notified in writing of the date and time of the bailiffs' arrival.

On the appointed day, the bailiffs come along with the police and carry out physical expulsion if the ex-spouse has not left himself before that. The procedure is that all things are removed from the apartment, and the person being evicted is notified that he no longer has any rights to reside.

In what cases is eviction not possible?

The desire to live separately from former member family sometimes pushes a person to irrational actions. A common example is eviction lawsuits, which are filed in cases of complete lack of grounds. It should be understood that there are cases in which you should not rely on the help of the court, since the law does not allow depriving an ex-spouse of an apartment and the right to live in it.

It will not be possible to evict an ex-husband or wife from the premises after a divorce if:

The family lives on municipal property and both citizens are registered on its territory.
The husband and wife are co-owners of the property in any shares.
The prenuptial agreement stipulated the impossibility of eviction after divorce.

Please note that the presence of such items does not mean that the problem cannot be solved. It’s just that to find a way out you will have to use other moves and look for other reasons.

Shared housing

Real estate acquired during marriage is considered joint property, and both husband and wife have rights to it. The acquisition method may vary:

Bought with joint savings.
Issued with a mortgage.
Charged maternity capital and government subsidies.

The issue of resettlement in such a situation can only be resolved voluntarily. The apartment can be exchanged, sold and the proceeds can be used to buy suitable real estate for everyone or find another way out of the current situation.

Judicial practice

A striking example of an eviction claim was considered in the Kozelsky District Court Kaluga region. The claim was filed by the plaintiff, who demands the eviction of her ex-husband from her home.

Based on the materials reviewed in the case, the following picture of what happened was compiled:

The marriage with the defendant was concluded in 2003.
The apartment was purchased under a purchase and sale agreement in 2004.
In 2014, the plaintiff registered her husband in the acquired living space.
Since 2015, her relationship with her husband has practically ceased.

The ex-husband does not want to move out of the premises and offers to compensate him for half the cost of the living space. They do not run a joint household; moreover, during all this time, the husband has never participated in paying utility bills.

A district police officer from the area was invited to the meeting, who testified that the defendant leads an immoral lifestyle - he constantly drinks and argues with his wife. The defendant himself did not appear in court.

Based on the results of the case, the judge made a decision to evict the ex-spouse.

Sample documents

Rights and obligations of the parties

Judicial practice regarding the eviction of a former spouse from the owner’s apartment suggests that such a problem arises when, after the dissolution of the marriage, the former spouse does not intend to move out of the apartment and continues to live there.

Then the matter will be carried out by bailiffs in the presence of witnesses. The main basis for this action can only be a court decision made during the trial and made taking into account the provisions of the current legislation.

There are enough reasons for filing a claim for eviction and deregistration of a former spouse to do this forcibly, but according to the law. On the one hand, the Constitution of the Russian Federation (Article 25 and Article 40) guarantees respect for the citizen’s right to housing, however, eviction is considered a forced measure and in some cases may occur.

The validity of such a decision lies in the fact that the residence of an ex-husband (wife) in an apartment is not always legal, and therefore constitutional rights such a person will not be violated. There are a number of parameters that the court pays attention to.

To have an idea of how to evict your ex-husband from an apartment if he is registered in the home or is its owner, you need to carefully study the situation and note the following nuances:

Is the former spouse the owner of all (or part) of the residential premises;
Does the citizen who needs to be evicted have;
What legal status does the living space have - was it purchased, privatized, received as a gift, or are the residents using it on the basis of a social tenancy agreement?

In exceptional situations, the judge may place all responsibility for providing housing for one of the spouses on the shoulders of the plaintiff. Here we are talking about cases when a child or children remain living with the ex-husband (or wife).

How to evict your ex-husband

Divorce provides for the property that was acquired by the spouses during the marital relationship. The division of real estate causes the greatest difficulties, since here we are talking about a large sum money and place of residence. If the situation cannot be resolved peacefully, then you will have to go to court.

In the absence of a marriage contract, the division of the apartment occurs on a general basis, that is, in equal shares. An exception is real estate received as a gift or by will.

Some nuances arise in relation to apartments that are purchased with or on a mortgage, as well as during the privatization of housing or when using municipal housing.

Upon completion of the divorce and property division procedures, the question arises regarding how to evict the ex-husband from an apartment purchased during marriage or from a home that has a different legal status. In fact, situations may be different, so we will consider each option in more detail.

From a privatized apartment

To exclude possible difficulties and problems associated with the eviction of a former spouse, you should first analyze in detail what rights he has in relation to the living space.

If the husband (wife) was directly involved in the privatization of the apartment, then upon its completion, he (she) also becomes the owner of the property. In this case, the share ratio of holdings is equal. In this case, it is not possible to evict the spouse from the home, since he is also considered the owner of the home and has all legal rights to it, including the right of residence.

In Art. 292 of the Civil Code of the Russian Federation spells out one point that you should definitely pay attention to before you begin to draw up a claim in court. If during privatization a citizen was registered in an apartment, but wrote a refusal to participate in the procedure in favor of the second spouse, he receives a lifetime right to use this premises. Under such circumstances, it is also not possible to discharge him from his home.

The only option on how to evict an ex-husband from an apartment if he is not the owner involves filing a lawsuit, but provided that the citizen was not registered in it during the privatization of the apartment and did not write any refusal documents.

From a donated or inherited apartment

The law explains how to evict a husband from his apartment after a divorce, if we are talking about residential real estate received by the spouse or. At the same time, it does not matter at all in what period of time the wife acquired housing - before marriage or during marital relations. In such a situation, the decision is made automatically, after the dissolution of the marriage.

If the marriage is terminated, the second spouse loses the right to reside in the premises. In case of refusal, the eviction will be carried out forcibly, after the relevant court decision is made. The basis for this may be a gift agreement or a certificate of non-inheritance. Subject to availability full list necessary documents, the court will oblige the defendant to evict within a certain period of time.

From a council apartment

Some difficulties may arise with. The likelihood that you will be able to fulfill your intentions is very low, because the social lease agreement for each specified tenant provides equal rights, including to live in the apartment.

Even if the spouse does not act as a tenant, but is registered in the apartment, the law retains his right to own such living space. There will be only one way to resolve the situation - to find suitable option exchange of housing.

If the spouse constantly refuses to make an exchange, then you can go to court and force him to do it forcibly. It is worth filing an application with the court only when there is an option for exchange.

An exception to the situation is the condition when. There is an opportunity to evict a citizen forever. The reason for eviction may be the citizen’s move to another city or housing.

If he is not the owner

There will be no difficulties with the fact that the apartment belongs to the second spouse. After the dissolution of the marriage, the spouse's right to use residential premises automatically terminates.

If he refuses to comply this condition, then the owner of the apartment may demand to evict the citizen through the court. A sample statement of claim for eviction of a former spouse can be easily found on the Internet or contact a lawyer.

The owner may demand to evict a citizen without allocating another home. Under such circumstances, the law will protect the owner's right and will most likely accept it. In the future, this can be done forcibly with the help of bailiffs.

The list of documents for eviction of your ex-husband can also be found from a lawyer, obtained from the court, or read at the end of this article. There are also a number of rules under which the other spouse can remain living in the apartment, regardless of the owner’s appeal to the court:

If the second spouse has obligations to pay alimony to his ex-wife (husband), then demands for housing may be put forward as a replacement;
When the ex-spouse does not have the opportunity to buy or rent housing, the court agrees to meet him and will allow him to live in the apartment for up to a year until he finds such an opportunity.

If the owner decides to sell the home, the court decision is terminated and the ex-spouse must move out.

From service housing

It also has a number of nuances. There is a special procedure for using an apartment, which is the property of the employer’s organization. The agreement on the provision of living space clearly states that the tenant’s relatives do not have the right to use the dwelling separately, and are obliged to move out in such a situation.

An exception is considered to be circumstances when relatives do not have the financial ability to provide themselves with another place to live. Then they temporarily retain the right to be in the premises, but only for a specific period announced by the court.

If the tenant loses his right to use housing, for example, quits, then his spouse will also not be able to occupy the apartment. During a divorce, the decision is made unequivocally. The second spouse is forcibly evicted from official housing at the request of a company employee

Procedure in case of such situations

The article has already noted that eviction can be voluntary or forced. In the first case, and in the future, they independently set the deadlines for vacating the apartment. With this option, going to court is not required.

The second method is forced eviction. The apartment owner resorts to this option when the ex-spouse does not want to voluntarily check out. To ensure that you get rid of an unpleasant tenant, you should carefully draw up the statement of claim and attach all the necessary documents to it.

Court proceedings can significantly complicate the situation with the presence of minor children, as well as various nuances concerning the apartment itself. Additional circumstances can significantly increase the duration of the trial and negatively affect the outcome of the case.

Watch useful video

What documents are needed to file a lawsuit?

To go to court, you will need to prepare a package of documentation that confirms that the plaintiff is right. The following documents can serve as evidence:

Title documents for residential premises;
House book;
Extract from the Unified State Register;
Certificate of termination of marital relations;
Receipt for payment of state duty (for individuals- 200 rubles);
An extract from the personal account confirming the absence of rent arrears;
Written evidence of the case or testimony.

You should be as careful as possible in the preparation of documents, because the judge will check all the attached papers and make a final decision based on them.

Eviction deadlines

When making a final decision, the court takes into account various external factors. Attention is paid to the financial security of the citizen and whether he has other real estate. Subject to satisfactory conditions, eviction should take place in as soon as possible- within seven days.

Sometimes it happens that this is not possible, and in this case, the court meets the ex-spouse halfway and allows him to live in the apartment for some time while he solves his housing problems. Here the period can range from two months to a year, but the judge has the right to increase this period taking into account individual circumstances.

Results of judicial practice

To evict a former spouse from an apartment, you must have legal grounds. The easiest way to cope with the problem is for owners of their own property, which was privatized without the participation of a husband or wife, and was also inherited or transferred as a gift. In other circumstances, the eviction may not take place because it is contrary to the law.