A divorce from his wife is a reason not only to completely break off relations with his ex-wife, but also to discharge her from his apartment. If she does not agree to leave your living space voluntarily, deregistration will need to be sought through the courts.
Necessary
- - divorce certificate;
- - documents on the ownership of the living space;
- - an extract from the house book.
Instructions
Step 1
It is quite easy to write your ex-spouse out of a privatized apartment that you own. Make a statement of claim to the court, attaching to it a copy of the divorce certificate, a document certifying the ownership of the living space, and an extract from the house book. In the claim, indicate that since the ex-spouse is not a member of your family, you, by right of the owner, are asking to deprive her of the right to use the dwelling and you are asking to be removed from the registration register.
Step 2
The situation can become more complicated if the ex-wife does not have another place to live. In this case, the court may give her time to find one. During this period, the woman will continue to live in your apartment. However, at the end of the time determined by the court, she will be forced to evict and be released.
Step 3
If your ex-spouse does not live in the apartment, but is only registered in it, be sure to indicate this circumstance in the claim. Note that she does not participate in utility bills and actually lives elsewhere. If you know the address, enter it. If the ex-wife left without leaving her coordinates, she can be removed from the register on this basis.
Step 4
You can deregister your wife if she is not the owner of the premises and is registered in it after your ownership of the housing has been registered. If you privatized the apartment for yourself, and your wife refused to privatize, while living in it, she will not lose her right of residence after the divorce. In such a situation, it is better to resort to the help of an experienced lawyer who will help build a line of conduct in court and will take into account many small nuances when drafting a claim.
Step 5
Extracting from public housing is an even more complex issue. You will have to prove that the ex-wife actually lives at a different address. Bring witnesses, get their written evidence. If the ex-spouse still lives in the apartment, it will be difficult to deregister it. Contact a lawyer to work together to consider discharging, taking into account all the circumstances.
