In our life there are different things, both good and not so. Sometimes it can happen that the person you loved and who loved us suddenly changes attitudes, feelings go away and a happy marriage breaks up. And with divorce, of course, the division of property begins. It is at this moment that the worst aspects of people are revealed, and, it would seem, a fairly simple procedure turns into hell. The situation can be especially aggravated if the family has children. Now we will talk about what to do if the eviction of children begins in cases of divorce.
Many women do not know the legislation, so evicting children in cases of divorce makes them into a real shock. Of course, the situation is really very bad, because evicting children is the last thing for a man. Even with a divorce, he still must remember that he is a father. But, nevertheless, not all men turn out to be such knights as they seemed. Therefore, in order to protect their children from at least material traumas, it is necessary to know in what cases eviction is possible, and in which there is not.
Nuances of the marriage contract
Let's start with the marriage contract. If a marriage contract has been signed between you and your ex-husband, in which it is clearly stipulated that the apartment belongs to him and only to him, he can evict his wife and children. That's why, for those who are going to marry and sign a marriage contract, this information will also be extremely useful. Many women really lose their reason for love and sign papers almost without looking, which leads to such deplorable results. Therefore, when drafting a marriage contract, make sure that in the event of a divorce, your children have the right to part of the living space.
A ship permit to reside in an ex-husband's apartment
It should immediately be noted that in the case when the property belongs to her husband, the court, after reviewing the case, still can meet you halfway. If the wife and children have absolutely no means of living, a place to live, and so on, then the court can oblige the husband to provide living space for the former wife and children. However, this possibility is given only for a certain time. Therefore, even if you manage to stay in your husband's apartment, remember that you have a fixed period of time to find housing and work. Roughly speaking, the court gives you the opportunity to "get on your feet", but the time for this is limited.
Minor children
Another nuance that affects whether a husband can expel children in the event of a divorce is their age. If children are minors and they have no place to live, then the court obliges to provide the father with a living space up to majority, but without the right to inheritance. That is, your children will be able to live in their father's apartment, but they do not own one square meter by right. And after the coming of age, he can calmly demand that the children leave his living space. You, as an ex-wife, do not even have the right even to live on a man's living space.
Property acquired by joint work
It is very good when a house or apartment is acquired by joint work after you register a marriage. In this case, the man has absolutely no right to drive out of the house, neither you nor the children. The fact is that according to the law, jointly acquired property is divided in half. Therefore, if you do not want to live with an ex-husband in one apartment, then he must agree to a change in living space. In case of refusal, this procedure will simply be carried out through the court. Your children, as legitimate heirs, have the right to equal parts of the living space, both yours and your ex-husband.
And the last thing to remember: in order to claim the right to housing, you and your children must necessarily be registered. Only in this case the court has a legitimate reason to force a man to partition the living space or live the children in his house. If there is no propiska, then you have absolutely no rights, and, most likely, the court will not help you here.