According to the housing legislation, the ex-spouse loses the right to live in the dwelling. Divorce must be registered with the registry office on the basis of a joint application or a court decision. Thus, after the termination of the marriage, the ex-wife must move out of the apartment and de-register. However, voluntarily, this may not happen. In this case, it is worth going to court with a claim for the loss of the ex-wife's right to housing. The grounds for deregistration are a court decision and a writ of execution.
Instructions
Step 1
Prepare a statement of claim.
Step 2
Pay the state duty for a non-property claim.
Step 3
Attach to the claim proof of your ownership of the apartment, divorce, certificates of the period of residence of the spouse in the apartment, participation in privatization, the actual place of residence of the ex-wife and children.
Step 4
Receive a court decision with a note of entry into force and a writ of execution.
Step 5
Apply for the deregistration of your ex-wife and provide the documents to the passport officer.
Step 6
The court has the right to refuse to evict and deregister, to establish a period for the temporary residence of the ex-spouse. In this case, after the expiration of the term, you should go to court with a new claim.
