Nothing lasts forever in this world. So at first glance, strong families are falling apart. At such a moment, you have to think about the division of property. This issue becomes especially acute when it comes to housing. In most cases, husband and wife live under the same roof, and it is not clear how to share an apartment.
Instructions
Step 1
In the event that the living space belongs to the spouse, she has the right to discharge the ex-husband from the apartment. However, this is only possible if the property has been privatized. Both spouses registered in this apartment have the right to municipal living space. At this point, negotiate with him yourself.
Step 2
At the same time, it is possible to dismiss the ex-spouse from the municipal apartment without his consent. Please provide compelling evidence of his inappropriate behavior (for example, hooliganism, damage to property, etc.). Write a complaint to the state authorities, on the basis of which your ex-husband will be warned. In case of repeated and systematic violation of the order, the court has the right to write it out. This is stipulated in Article 91 of the Housing Code of the Russian Federation.
Step 3
In the event that you managed to privatize the apartment before the marriage, file a lawsuit. The procedure for evicting the ex-husband will not take much time, because according to clause 4, clause 31 of the RF LC, he loses all rights to this living space immediately after the dissolution of the marriage.
Step 4
If you privatized this living space with your husband, then problems may arise. Under Russian law, your spouse has similar rights to own and use an apartment. This means that you will either have to seek his consent or have a long legal battle. As a result, you can claim half of the entire property. Only a court can make this decision. So if you are ready, feel free to apply to the appropriate authority.
Step 5
Regardless of the situation, contact professional lawyers and attorneys who are familiar with all the intricacies of the legal process and can provide some useful advice. They can also represent you in court.
