Discharging minor children from an apartment is not an easy task. However, it is quite feasible, subject to certain rules. Having decided to deprive minors of the right to register in your apartment, get ready to go through the courts, and possibly to repeated lawsuits. Please note that the entire process can take a long time. Be patient - you will need it.
Instructions
Step 1
The situations in which the discharge of minors is required may vary. For example, you are planning to sell an old apartment and buy a new one. Or you are going to buy a living space with a mortgage. If the tenants or owners of the apartments being sold are children, the consent of the guardianship and guardianship authorities will be required to carry out real estate transactions.
Step 2
To obtain permission, contact the district guardianship office (according to the registration of children). You will need a statement outlining the situation, a passport, birth certificates of children and their copies, as well as an extract that the children live in the same apartment with you. Such applications are processed relatively quickly.
Step 3
But there are also more difficult situations. For example, if the child is registered with his grandparents, but lives with his parents. Or with one parent after their divorce. Sometimes it is the grandparents who are the initiators of the discharge, who want to evict their grandchildren from their own living space.
Step 4
If minors are co-owners of housing, it is almost impossible to legally deprive them of their right to property. The only option not to live with them is to provide other housing, equivalent to the share to which the owner is entitled. But in the case when the children are registered in a municipal apartment or are not included in the list of owners of privatized housing, the extract becomes quite possible.
Step 5
The easiest way is to obtain parental consent for the discharge of their children. But sometimes they do not agree to voluntarily vacate their living space. In this case, you will have to notify the district guardianship department and file a claim for eviction in court. In your claim, state the situation in as much detail as possible. If the children are registered with their parents, who also do not have ownership of this housing, demand that everyone be evicted.
Step 6
If only a child is registered in the apartment, indicate that he must be registered at the place of residence of the parents. The situation is simplified if the child is registered only formally, living in a different living space, together with his mother or father. In this case, the case can be helped by the testimony of witnesses who can confirm that the child does not live in your apartment. In this case, your chances of success will be high enough.
Step 7
If the court denied your eviction claim, please note that you have the right to an appeal. Very often, a retrial will overrule the original decision of the court.
