How can I get my ex-husband out of the apartment?

Today it often happens that the family disintegrates, and the spouses, who are now former, leave. However, there are cases when the husband is still registered in the same apartment where his ex-wife lives. In such cases, the issue of discharge may become acute, since the presence of the husband may impede the sale of the apartment or in any way affect communal payments. Is it possible to extract the former spouse from the apartment? It is quite possible.

If the housing is not privatized, but the spouse, living separately, does not want to pay utility bills and leave it, then in accordance with Article 71 of the RF Housing Code you can not write it out, because the non-permanent absence of a family member can not lead to a loss the right to an apartment. However, in this case a good way out will be to apply to the municipality in order to demand a forced exchange of a non-privatized apartment. If the exchange is not possible for one reason or another, then you have the right to go to court with an action against your ex-husband, for which you can demand the deprivation of his right to use the housing. The grounds for recognizing the loss of his right to an apartment can be considered voluntary living outside the apartment and refusing to pay the maintenance of the apartment. After a positive court decision has been obtained, it is possible to decide the issue of the former husband's discharge.

If the apartment was originally in your property (that is, you were acquired before marriage), then the issue can be resolved even faster. In accordance with Article 31 of the RF LC immediately after the divorce procedure, your spouse automatically loses the right to an apartment, that is, you can write him out of the apartment at any time without his consent. To do this, you can file a lawsuit about his eviction to court, according to the fourth part of Article 31 of the LC of the RF, and then on the basis of a judicial decision, you can write it out of the home.

If a person who was formerly a member of your family but who is not the owner of a home has no grounds for exercising the right to use other premises or to acquire such premises, and if his financial situation or any other circumstances is an obstacle to providing him with another dwelling, the right to the current living space may be retained for a certain period of time, which is established by the courts. In this case, the judge can oblige the owner of the living space (in this case the wife) to provide the former spouse with a dwelling, as well as the rest of the family members for whom he fulfills the maintenance obligations, according to their requirements. After the expiration of this period, established by a court decision and adopted in accordance with the relevant law, the right to use the apartment is canceled, unless otherwise established by means of an agreement between this former family member and the homeowner. The right to use this living space may be revoked before the expiration of the period established by the court, if circumstances have disappeared on the basis of which a court decision was made or if the ownership of the apartment of the owner of the premises was terminated.

Often there are cases when you are registered and live with your husband in an apartment with one of your relatives. The apartment was previously owned by this relative, and later he gave it to you. Under the circumstances, you also have the right to issue your husband, because in accordance with Article 292 of the Civil Code of the Russian Federation, the right of ownership to the living space has passed to you, which may well serve as a basis for annulling the right to use the living space of a former family member. For an extract in this case it is also possible to use the court decision on eviction.

The extract is made administratively with the assistance of the competent registration authorities in accordance with the decision on eviction made by the court.

If for a former spouse registered in an apartment, you made regular payments for utilities, then in court you may be entitled to compensation for the money spent that was paid for that member of the family.