The solution to the housing issue after the divorce scares many. However, the Housing Code of the Russian Federation clearly defines the procedure, rights and obligations of former family members. The solution to the issue depends on who owns the ownership of the living space.
Instructions
Step 1
If you and your husband bought an apartment after the marriage, that is, the apartment (house) is jointly acquired property, the termination of registration (which is now called "registration") is impossible on your application. Your husband will be the full owner of the living space.
Step 2
If you rent an apartment (provided that the ex-spouse is included in the lease agreement), then the ex-husband can be deregistered in one of the following ways:
- the spouse's own consent;
- if there is a court decision (in case of going to court).
Step 3
You will have to agree with your ex-husband, or contact the owner of the apartment and ask him to deregister the spouse in the apartment. The landlord must write an application to the court and demand deregistration. It is best to refer to the threat to the material condition of the apartment, as well as to the life and health of other residents and neighbors. In fact, the court usually removes millet from the registration at the request of the landlord. On your own, you can apply with a statement that living with your ex-spouse poses a threat to others, as well as threatens the condition of the living space.
Step 4
In addition, pursuant to article 83 of the Housing Code, you can ask the owner of the apartment to terminate the lease, citing the fact that your ex-spouse is actually living elsewhere. In this case, it is necessary to rely on the testimony of witnesses. In this case, the owner of the apartment is also obliged to go to court.
Step 5
In the event that the living space was purchased before marriage, the former spouse automatically loses the right to register in the apartment immediately after the divorce. This is mentioned in paragraph 4 of Article 31 of the Housing Code of the Russian Federation. You need to go to court, attaching a divorce certificate to your application. At the same time, if the ex-spouse does not have a living space where he can register, the court may oblige to provide him with housing, that is, to grant him a temporary right to reside in your territory.
Step 6
To terminate registration in a municipal apartment, contact the municipality, that is, the actual owner of the property, with a complaint about the inappropriate, dangerous behavior of your ex-spouse. The municipality must issue a warning to the culprit. According to article 91 of the Housing Code, if the ex-spouse continues to violate the rules of residence, then he can be deprived of registration in court at your request.
