Has your ex-husband moved out after the divorce, but is still registered in your living space? Start the discharge process without delay. It may take a long time, but your chances of success are high.
Necessary
- - the passport;
- - divorce certificate;
- - written evidence from neighbors.
Instructions
Step 1
Try talking to your ex-spouse and persuading him to leave your apartment voluntarily. If he agrees, you will need to go with him to the passport office or get his written consent, drawn up in free form and certified by a notary. You can bring such paper to the passport office yourself.
Step 2
If it was not possible to agree with your ex-husband, prepare a statement of claim in court. In it, state that, since you are divorced, your ex-husband is not a member of your family, and accordingly, he will lose the right to live in your living space. Be sure to write that the former spouse does not currently live in your apartment and on this basis ask to remove him from the registration register. If several months have passed since the divorce, during which the defendant did not live in your apartment, declare the collection of utility bills from him.
Step 3
Attach a copy of your divorce certificate to your statement of claim. Written testimonies from neighbors, who can confirm that the defendant does not live in your apartment, do not hurt either.
Step 4
Wait for the trial. Most likely, the decision will be in your favor. Having received the court order, go to the passport office of the housing office and cancel the registration of your ex-husband.
Step 5
If you live in a council apartment, proceed differently. In the statement of claim, indicate that the decision to move out of your shared home was made voluntarily by the ex-spouse, while you are not preventing him from living in the shared space. Keep in mind that you must not change door locks or install additional doors during the forced discharge. Indicate that your ex-husband has a living space, on the basis of which you are asking to be discharged.
Step 6
If the situation has developed in such a way that you cannot contact your future husband and do not know where he lives, be sure to indicate this in the statement of claim. The ex-spouse can be recognized as missing and on this basis will be discharged from the apartment.
