When Can A Minor Be Discharged From The Apartment

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When Can A Minor Be Discharged From The Apartment
When Can A Minor Be Discharged From The Apartment

Video: When Can A Minor Be Discharged From The Apartment

Video: When Can A Minor Be Discharged From The Apartment
Video: Discharge Instructions 2024, December
Anonim

It is not so easy to write out a person who has not reached the age of majority from the apartment, especially if there is no full consent of the child himself. You need to have strong evidence that this is really necessary.

When can a minor be discharged from the apartment
When can a minor be discharged from the apartment

Discharging a minor from a living space is not so easy. It is worth knowing that if you, for some explainable reason, have decided to do this, the state authorities will definitely be on the side of the child. An extract from the apartment of a person who has not yet turned 18 years old is a rather scrupulous process, which has its own nuances.

In what existing cases can a minor be discharged from the apartment?

Following the established norms, it is possible to discharge a child who is less than 18 years old from an apartment when he will be provided with new housing with decent living conditions. It will not work to write out a person “to nowhere”.

You can also dismiss a minor from your living space if he does not live at the place of registration, and there is confirmation of this, evidence. According to the Civil Code of the Russian Federation, a child's place of residence is the living area where his parents or other legal representatives are registered. So, if the child is registered in your apartment (house), and you are not his parent, you may well carry out the process of removing this person from your area.

It is possible to dismiss a minor from his father's apartment without major hassle when mom and dad live separately. A mother without hesitation can apply for the removal of the child's registration from the apartment where the father is registered or lives, and then register it on her living space.

It is possible to write out a person who has not reached the age of majority, and in the event that the person is no longer a member of your legal family. If the mother divorced the father and then deprived him of parental rights, the “former” father can discharge the child from his living space, if he was registered there before the deprivation of parental rights.

How to discharge a minor from an apartment

In order to quickly discharge a child, you will need not only an impressive amount of effort and time, but also, most likely, the help of a competent lawyer with considerable work experience.

Most often, it turns out without much hassle to discharge a minor from an apartment if he gives his consent to this, provided that he will have somewhere to get a residence permit and live in the future. If the minor does not give voluntary consent to be discharged, the case is resolved through the court, but in a more complicated manner, and there is no guarantee that the court will make a balanced decision in favor of the adult. Of course, there may be a lot of reasons for discharging a person who has not reached the age of majority, but before dealing with the issue of his discharge from the apartment, you need to think carefully about whether you have the strength and endurance to bring this process to a successful end.

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