Divorces are inevitable in modern society. Families are created and then broken up. The issue of housing division is becoming acute and merciless. If it so happens that you are no longer able to live with your ex-spouse on the same living space, and he still remains registered in your apartment, then it’s time for you to write him out.
Instructions
Step 1
Consider issues related to the discharge of your ex-husband from different angles. In order to discharge your husband from a municipal apartment, even without his consent, observing all the nuances of the legislation of the Russian Federation, you should exactly what statements you need to have with you.
Step 2
Don't run headlong into court. Initially, write a complaint to the municipality, which is the owner of your home, so that it issues an official warning to your husband, as a boor and troublemaker. In the Housing Code of the Russian Federation, there are 91 articles, according to which, if a citizen does not stop his behavior, disdainful towards you and others, then he can be discharged in court.
Step 3
Remember that if your ex-husband, registered in a municipal apartment, does not live at the place of registration, or does not pay for the provided utilities, then it will not be possible to write him out. Article 71 of the Housing Code of the Russian Federation states that the temporary absence of the employer personally, as well as of any of his family members, does not entail the loss of the right to use the housing. But you have a way out: demand the forced exchange of non-privatized housing, in accordance with Article 72 of the RF LC.
Step 4
If you managed to privatize the apartment before marriage, then file a lawsuit for forced eviction - the ex-spouse will be discharged immediately. Article 31 of the Housing Code of the Russian Federation states that the right to use the apartment in this case, the ex-husband is lost immediately after the divorce.
Step 5
If you bought an apartment during your marriage, then despite the privatization, your ex-spouse has exactly the same rights to it as you do. It is impossible to discharge him from such an apartment without his consent. There are already property laws in force, according to which you should share an apartment in court.
