You broke up with your wife, but her child is still registered in your living space? This greatly complicates your life, you have to pay for an additional tenant, moreover, you do not have the opportunity to sell your own apartment. And if it is not privatized, you cannot start this process, fearing that an additional tenant will claim a share of the living space. There is only one way out - to evict someone who is no longer a member of your family.
Necessary
- - the passport;
- - an extract from the house book;
- - divorce certificate.
Instructions
Step 1
If the child is a minor, contact the mother and try to arrange discharge with her. However, many mothers do not agree to refuse to register a child in order to be eligible for services in a specific clinic or to be able to enroll in a prestigious school in their place of residence. If the ex-spouse categorically refuses to discharge the child, you will have to go to court.
Step 2
In the statement of claim, state that because your family relationship is broken, your ex-spouse lives separately and is registered at a different address. According to the law, her child must be registered at the mother's place of residence. You are not obliged to find out the living conditions of your ex-wife - his parents should provide the child with decent housing.
Attach a copy of the divorce certificate and an extract from the house book to the statement of claim, which can be taken from the passport office or from the housing office.
Step 3
Prepare for your trial. If the child is registered in your apartment nominally, actually living at a different address, your chances of a quick discharge of the fictitious tenant are very high. As witnesses, you can involve neighbors who will confirm that this child does not live in your apartment.
Step 4
If the registered child is an adult, state in your statement of claim that because he is no longer a member of your family, you are asking to have him or her deregistered on your property. If you are the sole owner of the apartment, the process will be quick and, most likely, the court will rule in your favor. Extracting from a municipal apartment may take significantly longer and may require more than one court session. Please note that your ex-wife's adult child can retaliate with a request to restore his rights.
