If you divorced your husband, and he continues to be listed as a tenant in your living space, then you can write him out only in the manner prescribed by law. If the apartment, the only owner of which you are, was acquired in marriage, you will not be able to write out your ex-husband without prejudice to yourself.
Instructions
Step 1
If your ex-husband does not live with you, but is registered in an apartment that belongs to you under a social tenancy agreement, then you can write him out without going to court: - if he has other housing, of which he is the owner;
- if there is his voluntary consent;
- on the fact of the exchange of housing. In all other cases, you will be able to discharge your husband only by a court decision, taken on the basis of a certificate from the housing department, confirming the facts of debt on his part for utility bills within 6 months from the date of divorce.
Step 2
The court may also need other evidence to prove the fact that your ex-husband is not in your apartment. Therefore, you will have to submit not only documents on the recalculation of utilities based on the fact of a divorce (from the housing department), but also information about the housing he (or his relatives or girlfriend) has, where he is currently located and eyewitness accounts (housemates).
Step 3
Get ready for the fact that the ex-husband can also enlist the support of witnesses or claim that his personal belongings are in this apartment and only you are preventing him from living. In this case, get a certificate from the district police officer stating that you do not mind that your ex-husband lives with you in the same living space.
Step 4
If the court determines that your ex-husband lives at a different address, but is still registered in your living space, take a certified copy of the court order and certified copies of documents proving that he does not live with you and contact the passport office.
Step 5
If your husband (regardless of whether you are divorced or not) is serving a sentence in a correctional institution, you can only release him for the duration of his sentence. By the way, if later the court proves that you discharged your husband, and then exchanged this apartment, then he, upon returning from prison, may demand the restoration of the rights to living space or equivalent compensation.
Step 6
You can write your husband out of the privatized apartment only if you become the owner of the apartment: - after the inheritance;
- after the conclusion of a donation agreement with a third party;
- having acquired it in property before marriage. In all other cases (regardless of whether the husband is the co-owner of the apartment or not), you will not be able to write him out until his share in this property, which you owe him, is established in court give in cash or by exchanging housing.
