Not everyone can be discharged even from their own apartment, and not always. Various factors matter: how and when did you acquire ownership of this apartment, who is this person to you, why he should not live with you.
Necessary
- - documents for the apartment;
- - passport and other personal documents;
- - testimony of neighbors;
- - statement of claim to the court;
- - money to pay fees and services of a lawyer.
Instructions
Step 1
Collect the required documents. This can be a certificate of state registration of rights, and an agreement on the purchase and sale or on the privatization of residential premises. You will need not only documents for the apartment, but also other documents that clarify your family circumstances. For example, when you got married. Enlist the support of your relatives or neighbors if their testimony may be needed in the future that this person has not lived here for a long time.
Step 2
Arrange voluntary discharge with the unwanted tenant. This is the best way to save your nerves and strength. For this step to take place, consider the arguments. Suggest an option that would suit both parties. For example, you can help with his life circumstances. Offer to write a statement of discharge and go together to the passport office.
Step 3
Examine the documents on the privatization of the apartment. If the person you want to dismiss had the right to privatization and refused it, then it will not be possible to forcibly evict him. The Supreme Court recognized for such persons the right to live in this area for life. Find an option to exchange or provide a person with another living space, to which he will voluntarily agree. Otherwise, you will not be able to dispose of the apartment.
Step 4
Go to court if the person is no longer related to you. An ex-spouse and his relatives can be discharged by a court decision quite simply. Refer to Part 4 of Art. 31 of the Housing Code of the Russian Federation. But only if you became a homeowner before getting married. Or the apartment was presented to you. Then you are the sole owner. If the apartment was bought in your name when you were married, then the situation is ambiguous. Real estate can be considered as jointly acquired property, and the divorced has rights to a part of it. But this does not apply to the registered relatives of the ex-spouse. The court will write them out with ease, since they have ceased to be related to your family.
Step 5
Remove the child from the registration with the permission of the guardianship authorities when it comes to buying and selling real estate. You will succeed when you plan to buy a larger apartment. Submit a preliminary transaction agreement to the guardianship authorities to demonstrate that you are improving the child's living conditions. Discharge the minor by court order if he actually lives with the other parent. Prove this fact with the help of witnesses.
Step 6
Hire a lawyer if your situation is ambiguous. A lawyer will help you draw up a competent statement of claim, advise on how to behave in court, or take over the case. It all depends on your circumstances.
