If you divorced your wife and want her to leave your apartment once and for all, this is not so easy to do, especially if you have minor children. For many, however, divorce is a war. And in war, all means are good.
Instructions
Step 1
If you are a responsible tenant under a social tenancy agreement, you will be able to discharge your wife without going to court only if the following conditions are met: - if your wife owns a home;
- if you have no minor children;
- if the wife gave her voluntary consent. In addition, you will have to exchange the living space you have if your wife has no other options for living.
Step 2
If your ex-wife has nowhere to live, but she leads an asocial lifestyle, contact the municipality about this, which should issue her a warning. If the warning did not work, go to court. The court will be obliged to initiate a case for the systematic violation of the conditions of cohabitation. To such a statement, you will have to attach the testimony of neighbors or your relatives, proving the facts of antisocial behavior. In addition, if your ex-spouse was brought to the police or caused you material (or other) damage, you will have to secure these certificates and certificates.
Step 3
In addition to these documents, you will also have to provide certificates from the housing department about violations when paying utility bills by your wife within six months from the date of divorce (if any).
Step 4
Please note: in any court decision, a wife who has no other options for registration cannot be discharged from your apartment if there is no way to change housing or you do not have the funds to buy another living space for her.
Step 5
If your ex-wife does not live with you, but continues to be listed in your living space, you will have to obtain not only the testimony of your neighbors, but also a certificate from the district police officer, proving that you do not interfere with cohabitation, and evidence confirming the fact of her residence in another territory. And only after that you can go to court, based on the decision of which it will be possible to dismiss your ex-wife.
Step 6
If you divorced your wife while she was in prison (although in practice this rarely happens on the part of men), then you can only write her out temporarily, until the end of her sentence. But if the court subsequently proves that you, having discharged your wife from the apartment, then exchanged her, the spouse, at the end of the term of imprisonment, may demand compensation or restoration of registration from you.
Step 7
If you have minor children, then you will not be able to discharge them if your wife does not have a living space in accordance with the established norms for their residence, and also without her voluntary consent to this, until you change the apartment.
Step 8
If you are the owner of an apartment, then you can write out your ex-spouse only if the apartment was already in your property before marriage, inherited or donated. In all other cases, even if the wife is not a co-owner of the apartment, you will have to exchange this apartment or transfer to her a sum of money equal to half the market value of the apartment.
