When considering the issue of eviction of a husband from an apartment, several basic situations are possible:
You are not divorced and live in an apartment together.
You are divorced, but you continue to live together or your husband is registered in the apartment, but lives with you.
Instructions
Step 1
Before deciding on the eviction of a husband, it is worth understanding how much his personality or professional activity is related to the right to use housing. It is possible that you and your husband (former or current) live in a service apartment received by your husband, thus, the eviction of your husband may result in your eviction.
Step 2
If the apartment is municipal, and you and your husband are still married, then before raising the question of his eviction, you should split your personal accounts. Personal accounts should also be separated in a post-divorce situation. If this has not been done before, you will have to deal with this issue now. You can divide personal accounts by writing an application to the company that calculates and charges the corresponding utility and other payments. If the husband opposes the division of accounts, he will have to file a claim for division of accounts in court.
Step 3
Once the bills are split, the question of eviction can be raised. In principle, the court does not attach much importance to the separation of accounts, however, it will be much easier for you to prove the circumstances to which you intend to refer, for example, when the husband does not pay the bills afterwards. The billing section is of great importance when you are married. In marriage, all rights and obligations are shared. The court will not take into account the fact that your husband has not paid the bills if you are not divorced.
Step 4
The grounds for eviction are clearly spelled out by law. Such grounds will include:
- prolonged non-payment of utility and other payments for the use of living space (keep in mind the fact that before the division of personal accounts, you and your husband have an equal mutual obligation to pay bills, and you will receive one receipt for each type of payment, only after the division of accounts, each of the spouses will pay only their own bills);
- violation of the rules of residence and use of residential premises, as well as the use of premises for other purposes;
- long absence of the spouse (more than 6 months) from the place of residence without good reason (for example, the husband has not lived with you for a long time, but continues to be registered);
- commission of illegal actions, entailing the impossibility of living together.
