Despite the fact that the institution of registration is not only outdated, but has long been canceled, disputes over registration in a particular place of residence have not subsided to this day. Moreover, there are more than enough reasons for them. Especially often, questions arise in connection with a situation when it is necessary to discharge the ex-spouse and child from the apartment.
The ex-spouse does not lose the rights to the dwelling after the divorce, even if the apartment is municipal. The easiest way to stop registering your ex-spouse at a given address is to negotiate with her. If you remain in good relations after the divorce, then it will be enough just to talk heart to heart, give your reasons, listen to the opposite side. And the issue will be resolved.
If it is rather problematic to come to an agreement with your wife, you will have to go to court. True, she will be discharged without problems only if her actions fall under Article 91 of the Housing Code of the Russian Federation. That is, if your ex-wife is a violent bully, alcoholic or drug addict, then she will be deprived of registration at one point. However, this still needs to be proved. Therefore, for such a hearing, you will need to collect evidence and other documentary evidence of your words.
In other cases, it is almost impossible to dismiss the ex-spouse from the apartment without her consent. Even if she doesn't pay utility bills. This norm is spelled out in Article 71 of the RF LC. The only option that you can use in this case is spelled out in Article 72 of the LC RF. According to the law, you can insist on a forced exchange of a municipal apartment. Thus, the ex-spouse will be discharged automatically.
As for the end of the registration of the ex-wife in a privatized apartment, there are some nuances. So, for example, without any problems you can write out your spouse from your living space if it was bought and privatized before marriage. The same applies to the apartment given to you. In these cases, you are the sole owner and you can make your own decisions about the registration of one or another member of your family in your apartment.
If the living space was purchased during your marriage, then you will not be able to write out to your spouse. In order to solve the problem with the division of square meters, you will have to go to court. He will determine the procedure for the division of property and the size of the allocated shares.
As for children, the situation with them is even more complicated. Discharge of minors from privatized housing to nowhere is prohibited by law. To deregister a child, you must give him an equal share in another living space. However, there are also pitfalls here. According to the law, a child cannot be registered in a dwelling without at least one of his parents. And this means that you need to allocate a share either in the apartment in which you are directly registered, or additionally allocate a share to the mother of the child.
It is easier to discharge a child from a municipal apartment if, in fact, he lives with the mother in another place - where she is registered. In this case, on the basis of a court decision and the consent of the guardianship and guardianship authorities, you can deprive the child of registration on your living space.