How to write from the apartment 's ex-wife ?
Very often refer to lawyers are people who are interested in the question: "Is it possible to write a particular person from his home without his consent?".Such questions are no longer surprising, because the relationships between people change with unpredictable speed.The reasons may be different: who gets divorced, someone's family have decided to go to another country, or kids decided to get married, while others simply want to buy a new apartment.But, despite all this, we can firmly assure you - write down the person from living space that it occupies is quite real.However, as quickly and he extracts the result depends on the specific circumstances.
appeal to the court, for example, can be deprived of the right to use human habitation which is antisocial lifestyle, alcohol abuse, rowdy.But it happens sometimes that a person may not write at all.In such situations, we recommend that you seek the assistance of experienced professionals - lawyers.The lawyer, in turn, will tell you what to do and what action to take depending on the situation.On why it is not recommended to engage in eviction of anyone on their own, we will explain below.
discharged from municipal apartment
Consider how to write his ex-wife out of the apartment.In fact, a wife does not live in the apartment and not pay for utility bills, however, it remains attributed to this housing.Is Article 71 of the Housing Code, which clearly states that a wife can be written only if it agrees to do so.The same article states that the temporary absence of any member of the family does not mean that the tenant loses the right to use the apartment.Moreover, your responsibilities include paying utility bills and for a person who is absent.Otherwise, after 6 months, the court has the right to evict both the tenant and all his family members at the request of the landlord, who is guided by the provisions of Article 90 of the LCD Russia.In this situation, the eviction is not possible, if the person does not live in a council flat, and does not agree to remove himself from the register in it.To obtain consent, you must file a claim for the eviction of a particular person as a result of his actual residence in another place, as stated in Article 72 of the RF LC.
discharged from the privatized apartments
Consider how to write the former wife of privatized apartments.Very much in this situation depends on the purchase of this property of time.The provisions of Article 31 of the RF LC saying that the ex-wife after the divorce, loses the right to use the data of housing, if the apartment was bought before marriage.To do this, you need to go to court with a claim to which is attached the requirement for eviction in accordance with the norms of part 4 of Article 31 of the LCD.
Consider another situation.You bought an apartment, but it turned out that it someone is registered.According to article 292 of the Civil Code, if home ownership is transferred to another person, the right to use the housing stops for the former owner, as well as his family.Given a property, you have the right to write the people who are registered in the apartment.But if the same person formerly involved in the privatization of housing, then it can not be evicted.Such people have the right of tenure for life.
write out his wife and child
Consider how to write his ex-wife with a child.Is Article 20 of the Civil Code of the Russian Federation, which says that the actual child's place of residence is the place where the child permanently resides.That is, if he lives in a house mother, and registered in the municipal apartment of his father, the mother's house - his actual place of residence.If the father wants to write from his apartment a child, he has every right to do, but for this it is necessary to provide the consent of the guardianship authorities.In its lawsuit, be sure to specify that a child at the moment actually resides in the mother.
discharged from the privatized apartments wife and child after a divorce is extremely difficult, for it is recommended to contact an experienced lawyer.Almost always, the court protects the rights of the child and ceases on its side.If the child is an extract derived from a large apartment in a smaller, then the guardianship authorities, is likely to give a disclaimer that goes in your favor in court.Hopefully, these tips will help you to understand the issue of the statement.