After a divorce, the housing issue becomes the most relevant, if not each of the former spouses has their own housing. Often, already formally not being each other, the ex-husband and wife are forced to continue to live in the same living space, because one of them has nowhere to go. However, it is possible to evict the ex-spouse.
Instructions
Step 1
Collect documents for the court if the ex-spouse is not the owner of the living space (even if it is registered on it). You will need: a divorce certificate, apartment ownership documents, an extract from the house register, a statement of claim against your ex-spouse about eviction and deregistration. In advance, inform the defendant that you are starting a lawsuit against him, in case the ex-spouse nevertheless decides to settle the matter peacefully and simply vacate the living space.
Step 2
Pay the state duty at the nearest bank, attach a receipt for payment to the package of documents and take the documents to court. Be prepared for the fact that the court hearing may end with a postponement of the ex-spouse's eviction. According to Article 31 of the Housing Code of the Russian Federation, the judge has the right to appoint a deferral for eviction if the defendant proves with documents that he is not currently able to find a new home for himself.
Step 3
If, after a court decision on deferred eviction, the ex-spouse continues to live in your apartment, you can make a deal to change the owner of this living space. According to the law, after the owner of the apartment changes (your close relative or a stranger may become the new owner of the apartment if you decide to sell the apartment), the former spouse will be obliged to leave as soon as possible. If he does not do this, he will have to involve bailiffs.
Step 4
If you live in departmental housing and after a divorce you want to evict the ex-spouse from it, prove that your ex-husband (wife) does not actually live in this apartment. This can be done in a judicial proceeding with the help of statements from neighbors.
Step 5
It will not work to evict the ex-spouse if he is the owner of the home, participated in the privatization of this apartment. The only option is to buy out the share from the ex-spouse, followed by his eviction.
