The housing issue is still the most important one. Very often it leads to quarrels, breaks, litigation. In the first place is the problem of termination of registration after divorce. To resolve all housing issues, you should contact a lawyer or read the Housing Code of the Russian Federation.
Instructions
Step 1
If you are the owner of a privatized dwelling.
According to paragraph 4 of Article 31 of the Housing Code of the Russian Federation, the right to register in your apartment in the event of a divorce is not retained by former family members. That is, your ex-wife automatically loses the right to live in this housing area. You just need to go to court, providing a certificate of divorce. By a court decision, the registration of your ex-wife will be terminated. The same article of the Housing Code contains an important remark: if the ex-wife who is being discharged from the apartment does not have housing space where she could register, the court may oblige to provide her with housing.
If the marriage between you is not dissolved, then during the court hearings you will need to prove the reason for the deregistration. For example, the justification can be confirmed data about the damage caused to you as the owner of the apartment. You can refer to registration without your consent, etc. As a full-fledged owner, you have the right to decide for yourself who will be given the opportunity to register in your apartment. The consent of the person you are trying to deregister is not required.
These regulations do not apply to your minor children. Pay attention to Article 20 of the Civil Code of the Russian Federation, which states that "the place of residence of minors under the age of 14" children is the place of residence of their parents. That is, the child has the right to live both in your living space and in the mother's apartment. It is important to take into account the following circumstance: any attempt to change the place of registration of a child, which will lead to a worsening of his situation, will be considered a violation of the rights of the child. It is best in this case to contact a professional lawyer, and in the course of the trial refer to the actual residence of the child in another living space with his wife (ex-wife).
Step 2
If you are a tenant.
You can deprive a person of registration in such an apartment:
a) with the consent of the person himself;
b) by a court decision in connection with the appeal of the owner of the apartment;
c) by a court decision in connection with your appeal.
Thus, if you could not agree with your wife, you should:
1. Contact the owner of the apartment with a request to terminate the registration of your wife and child. The owner of the apartment will have to write an application to the court demanding the termination of registration. At the same time, the landlord can also refer to the threat to the material condition of the living space or life and health.
2. Go to court personally with a statement that living with your wife poses a threat to other tenants and homeowners, and also worsens the condition of the living space.
3. In accordance with article 83 of the Housing Code, you can require the owner of the apartment to terminate the lease due to the fact that the person living with you (your wife) actually lives in another place. To do this, you will need proof of the person's residence in another territory. The landlord will need to apply to the court to cancel the registration due to the termination of the lease agreement. After that, you can simultaneously renegotiate the contract, specifying only you as the employer, excluding the registration of your wife and child with you.
The eviction of a child from the apartment in which you live under a lease agreement is possible only when the owner of the given housing space goes to court.
Step 3
In the event that the living space is jointly acquired property, it is impossible to terminate the registration of another home owner upon your application. That is, if both you and your wife are the owners of the apartment, then it is not possible to write out either her or the child.
