Private home ownership implies ownership of a residential building. In accordance with the law, the owner single-handedly disposes of the property and can move and register any person in his house. However, deregistration against the wishes of the registered person can be carried out only in court. In this case, a claim is filed for recognizing the specified person as having lost the right to use a residential building.
Instructions
Step 1
If there are registered (registered) persons who do not have property rights to this home ownership in the housing you just bought, file a lawsuit in court to recognize them as having lost the right to use. In accordance with part 2 of Art. 292 of the Civil Code of the Russian Federation, a change in the owner of a dwelling is an indisputable reason for the termination of the right to use a dwelling for family members of the former owner.
Step 2
If you need to remove a former member of your family from registration in the house, refer to Art. 31 LCD RF. According to part 4 of this article, the right to use the housing is not reserved for the owner's ex-spouse.
Step 3
However, for the discharge of the rest of the family members who are related to the owner, one reference to this law is not enough. The fact is that in order to recognize relatives as former members of your family, the court needs to provide evidence of your separate housekeeping with them. Gather the necessary evidence about a specific person.
Step 4
In addition to the documents, the court takes into account the testimony of the witness. Having established in court the fact of your separation and the absence of a joint household, it will be possible to insist on the application of Part 4 of Art. 31 LCD of the Russian Federation and ask to recognize it as having lost the right to use your home ownership.
Step 5
If there are registered persons in the house who live on the basis of paid or gratuitous employment, terminate the previously concluded agreement with them. To do this, send them the corresponding request by registered mail with notification. After 2 weeks have passed, go to court with the same claim to declare these persons to have lost the right to use the housing. Submit your previous employment agreement and the notice of termination to the employers as your reasoning in court.
Step 6
After the court satisfies your claims, submit the court decision or extract to the district FMS. This will be the basis for the removal of the persons indicated in the decision from registration at the address of your household.
