In life, it often happens that even those who love each other and who have lived shoulder to shoulder for many years, a spouse break up for some reason. And they part quite difficult, presenting strict requirements to each other regarding the division of property. However, the spouse can be discharged from his area, you just need to know how to do it.
Necessary
- - property documents
- - documents confirming the fact that the former spouse has another apartment
- - proof of non-payment of utility bills to spouses
Instructions
Step 1
Determine who is the owner of the home: If that is the spouse, then she can evict her ex-husband quickly and easily after the divorce process. In order to evict the former, even without his consent, it is necessary to file a lawsuit. As a rule, this case will be a winning one, while nothing will depend on the desire and capabilities of the spouse.
Step 2
Go to court. If the spouses lived in a joint non-privatized apartment and the spouse at one time issued a written refusal to privatize the property, then it is not possible to evict him. In this case, the spouse will be able to go to court, but having on hand documentation confirming the fact that the former spouse has another apartment, as well as his departure from the joint place of residence (non-privatized apartment) for an indefinite period. According to the Civil Code of the Russian Federation, the basis for discharging a spouse is not his absence in an unprivatized apartment. Therefore, the argument for the court will be the presence of other property, the spouse's failure to pay utility bills, his failure to fulfill his obligations to pay social hiring debts and the like, sometimes the testimony of neighbors may also be required.
Step 3
Prepare documents confirming that the spouse is dead or missing. If the spouse is the owner of the apartment, but died or disappeared indefinitely and is listed in the prosecutor's office as missing, he can be discharged in court. However, it will take more than five years for him to be declared dead. And even if the spouse was discharged, but after a while he returned again, then, as a rule, he will be restored to his rights, including the right to occupy the living space due to him. during this time, you need to turn to the previous point again and prove that the spouse did not pay utility bills.
