Divorce and division of property rarely go without conflict. Particularly heated debates are usually caused by living space. It happens that the former spouse resignedly leaves the common apartment once and moves to relatives or to a rented apartment. But it happens that after a divorce, a person flatly refuses to leave the square meters of his ex-husband or wife. Such situations need to be resolved through the courts.
Necessary
divorce certificate, registration certificate or characteristics of the apartment, an extract from the house book, documents confirming the ownership of the apartment, a receipt for payment of state duty, birth certificates of children
Instructions
Step 1
If the disputed housing was purchased by you in marriage or privatized with equal rights of the spouses in your name, the living space is considered joint property, and you cannot deprive the ex-spouse of the rights to it.
Step 2
If you inherited the apartment, as a gift, or you bought it before the marriage, it is not subject to division, and the former spouse does not have the right to use it (unless there is another agreement between you). However, in some cases, the court may retain this right for a certain period (usually up to a year). The reason for this may be the property status of a former family member, the presence of minor children, other housing, and other circumstances. In addition, the court can oblige the owner to provide the former spouse with housing.
Step 3
To evict your ex-spouse, you will need to go to court in your local area. Make a statement of claim to evict a former family member from the apartment and deregister. Please attach certified copies of all required documents. Do not forget about paying the state fee and a copy of the marriage contract, if it was concluded. When filing a statement of claim, you will need to add a copy for the defendant. After that, the court will accept (or return for amendment in case of any violations) your application and set a date for the hearing. If the court decides to evict, the former spouse will have to leave the living space that belongs to you. And if he even then tries to stay in your apartment, contact the bailiff service or the police.
Step 4
If you are not the owner of a home, but live in it under a social tenancy agreement, then you and your spouse have equal rights to living space, provided that he continues to live in the same apartment. In this case, he can be evicted only for systematic long-term non-payment of utility bills, violation of the rights and legitimate interests of neighbors, misuse of the living space or mismanagement with it, leading to its destruction.
