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Unfortunately, the realities of life are such that sometimes the closest people become "ex" to each other. Divorce is usually associated with loud scandals and division of property, and sometimes forced eviction from housing.
Most often, a legal way to make an extract without the consent of the former second half is impossible. But there are cases provided by law when it will be quite possible to do this. In a word, "getting rid" of the ex-wife is a real prospect, if you approach the discharge with intelligence and composure. Still, it is not always possible to get what you really want.
From municipal-type housing, that is, received for use from the landlord, write out ex-spouse impossible according to Article 71 of the LC RF.
A long absence (non-residence) at the place of registration, and even malicious non-payment of utility bills, cannot serve as a basis. In the event of a debt, the person who received the apartment for rent will suffer (this may be the husband) - after six months, the tenant, along with his entire family, will be forcibly evicted from the occupied housing.
Yet the situation is more difficult with a privatized apartment. In relation to such housing, two situations may arise. The first is when the husband carried out the privatization before the marriage was registered. In this case, the extract is made without any problems - through the court and without the consent of the former spouse in accordance with Article 31 of the LC. The second situation threatens with continuous troubles, as it concerns privatization with the consent of all residents registered in the apartment. It is impossible to write out people who are in shared ownership, even through a lawsuit. In the event of a change of ownership, the right to a share and residence still remains with the equity holders. Selling such a troubled apartment to a third party is also quite difficult.
The possibility of extracting the ex-wife from the apartment of the husband's parents largely depends on the type of apartment. In principle, it is impossible to evict from the municipality, and there are very few exceptions to this rule. It is also impossible to evict from privatized housing located in. In other cases, the owner (parents or spouse) have all legal rights to independently dispose of the property. That is, it is quite possible to evict an ex-spouse without her consent. The fact is that simultaneously with the divorce, the wife ceases to be a member of the family and loses all rights to live in the apartment of her husband-owner.
Discharge without consent - legal methods
Well, if the former spouses came to a single reasonable agreement and eviction 
made by the good will of the wife. But what if she is categorically against it?
From housing that has been leased from the city, eviction is available only in case of hooligan behavior - drunkenness, damage to property, mismanagement of housing, and so on. Before filing a claim with the court, it is necessary to contact the municipality so that a written warning is issued to the disturber of the peace. Only in this case it will be easier to write the unwanted tenant out of the apartment.
As mentioned above, an apartment privatized before the registration of marriage, owned by the husband, ceases to be considered available for the wife to live after the divorce.
In other cases, only polite persuasion and voluntary discharge can be used. Or to carry out the sale of an apartment privatized into shared ownership.
Discharge with the child
It is even more difficult to discharge a mother with a child who has not reached the age of majority. In this case, the organs 
guardianship will be exclusively on the side of the child, respecting his interests.
By mutual agreement between the former spouses, it is possible to make an extract from the municipal apartment, followed by registration with the mother of the child (if she owns housing). Also in this case, eviction can be made through an appeal to the court, where it is necessary to prove that the spouse has a living space and that the child actually lives with the mother.
A child can be discharged from privatized housing only through a court, and then if there are no objections from the guardianship authorities.
Reasons for rejection may include:
- shared ownership (the child has this right);
- an extract from a larger apartment to a smaller one (this worsens living conditions for
- baby, the guardianship authorities will be against it).
Algorithm of actions and documents
All actions taken for discharge depend on the type of apartment.
The spouse can leave the housing located in the (municipal) at their own request. Therefore, experts recommend just talking and trying to persuade ex-wife to voluntarily leave the apartment. It is especially easy to do this if the spouse has her own housing, and there are no joint minor children - she only has to check out and register at a new place of residence.
If you don't have your own home, you can try to evict your spouse by filing a lawsuit. The reason may be the hooligan behavior of the latter.
If an eviction is made from a privatized apartment, it is necessary to prepare a claim, pay the state fee for applying to the court, collect all Required documents and take them to court. 
After receiving a court decision and a writ of execution in your hands, you can make an eviction. With these documents and an application, you must contact the passport officer.
It should be noted that if the spouse has no other housing and ex-husband unable to provide it, the court may award temporary residence at the former place of registration. After the period of residence specified in the court decision has expired, you can resubmit a claim requesting a forced eviction.
The list of documents required to apply to the court includes:
- statement of claim;
- certificate confirming the right of ownership;
- divorce document;
- documents specifying the time of cohabitation and the list of persons involved in privatization;
- certificate of the actual place of residence of the spouse and children.
Of course, Cohabitation after the divorce was filed, it is extremely difficult.
Former spouses seek to scatter and establish new life forgetting about the old one.
Great if even before the divorce managed to reach an agreement about the order in which the extract will be carried out, who will get the specifically taken property and other legal issues that your family acquired during marriage.
But sometimes people part not on the best terms and in this situation dialogue is really difficult. The parties cannot agree, often act to harm each other and carefully try to complicate some points.
The legislative framework
The issue of extracting an ex-wife is regulated by a number of regulatory legal acts, which both explain the nuances of the procedure and provide justification for certain circumstances.
How to deregister a spouse if she is not the owner? allows you to write a woman out of the living space, who was bought before marriage and actual ex-husband is the owner.
Since everything is torn family relationships through divorce, accordingly, the woman loses the basis for the right to use real estate.
If housing bought in marriage, but at the same time there are grounds for discharge other than divorce (for example, brawl, non-payment of utility bills and actual residence in another place in accordance with), then the spouse can also insist on removing his ex-wife from the register.
It often happens that you are the owner, but for some reason, the ex-wife refuses to be discharged, and the court does not oblige her to do so.
About whether it can, and also, whether it is possible, read on our website.
Without her consent
Is it possible to discharge the former without her consent? As is often the case in divorce cases, a party may disagree with the ex-spouse's desire to issue an extract.
Cancellation of the registration of an ex-spouse without consent is possible only and only in accordance with the following grounds:
- housing was bought for a spouse before marriage;
- housing was received by the spouse as a gift;
- the spouse violates public order;
- spouse does not pay for utilities in the prescribed amount;
- accommodation is not possible due to problems with alcoholism.
All of these grounds are possible for filing a request for an extract.
Find out from our articles on how to check out of an apartment, is it possible to do this or, as well as how to check out from your previous place of residence to a new one, and what are required for deregistration.
What if there are children?
Together with a child
If there is a need to write out both the wife and, then there may be certain difficulties.
The spouse after discharge must have a place where she will be registered and only then the court will allow the discharge of the child, who will be registered with the mother.
Remove a child with a mother from the registration account "to nowhere" no guardianship authority will allow, nor the court until the age of majority.
You may be able to discharge your spouse by court order, but the child will remain registered with you until the woman manages to register elsewhere.
Alone without a child
Is it possible to discharge the ex-wife, and leave the child?
The court can grant your request, but subject to the following conditions.
The spouse must give her consent to such an action.
If she registers in another area and insists on the discharge of the baby in order to register at home - the court can grant her claim legally (mothers are preferred).
You can find out how from the apartment on our website.
Step-by-step instruction
How to write an ex-wife? In order to write out the spouse with whom you agreed, necessary:
- collect a package of documents;
- appear at the passport office;
- submit documents;
- make an application;
- pick up a passport with a new residence permit after the lapse of time.
How to write an ex? If the housing is municipal property, then it is necessary to come with a statement drawn up jointly with the spouse to the local government.
The application must be accepted along with the divorce papers. Upon consideration, the woman will be discharged from this housing, but only on the condition that she also agree for such a step.
If no agreement is reached, the woman can be discharged only through the court.
This is done so that the court can hear all the arguments of the parties and decide on the correctness of one of them.
To apply, the plaintiff must not only draw up a statement of claim and pay the state fee, but also bring arguments in accordance with which he considers joint use of living space is impossible.
How to write a wife out of an apartment after a divorce with a child?
A woman with a child is also discharged only through court.
At the same time, guardianship and guardianship authorities may be present at the meeting. If they are not notified, you must contact the guardianship authority and notify them that the child can change their place of residence.
If the mother is going to register in another housing, she has an area where she can normally live with a child, then the court may grant your claim.
Where to apply?
Voluntary discharge is issued in state bodies. This may be the nearest branch of the passport office or a multifunctional center.
What kind the documents required for release? For an extract you need:
- passport of a citizen of our country;
- divorce certificate;
- a statement from a woman that she wants to deregister.
If a woman cannot perform the procedure herself, she can issue a power of attorney to any person she trusts. AT this case power of attorney is also attached.
Where to apply? Documents are submitted to the department passport office or multifunctional center.
If you have the opportunity, you can use the services of special firms involved in registration.
Terms and cost of registration
The processing time may be three to seven business days depending on the workload of the body.
But the law does not regulate the responsibility of the authorities for its excessive delay, which can be up to two weeks.
In practice, such cases are quite common.
However, if it is too long, you can refer to the internal regulations of the passport office employees and demand a quick clearance.
The deregistration procedure is absolutely free.
What will be issued?
What documents are issued after discharge? After being discharged, the woman is given reference, which indicates that it is no longer registered at a specific address, and is also required to re-register within a month.
If a residence permit was issued along with the extract, a passport with the appropriate seal is issued.
Features and nuances
How to discharge my wife without her consent, if I am the owner? If you discharge a woman through the court, in addition to grounds and properly drafted statement of claim you must provide the following documents:
- receipt of payment of the state fee (300 rubles);
- divorce certificate;
- documents on the ownership of residential property;
- documents confirming your grounds on which the woman needs to be discharged.
If the apartment was privatized in marriage, the woman regularly pays on the receipt, does not violate the order, then the court will find it impossible to write it out, since in fact the woman is a respectable owner (read about), with whom the property acquired in marriage has not been divided jointly.
You will have to arrange this personally or allow her to use real estate.
In order to avoid such problems in the future, be attentive to the laws, and most importantly, their legal consequences.
When entrusting this or that person with your property for use, limit yourself to just before you are completely confident in the person.
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If the divorce occurred by agreement of the two parties, then it will, of course, be easier to resolve the issue of accommodation. In the case when the former spouses remained on good terms, the issue of division of property and discharge from the apartment is decided even before the divorce is filed - by mutual agreement.
Unfortunately, very often the reality is that divorce is not the most pleasant process, after which people part not on the best terms. It is very difficult to agree in this case, because each side insists on its own, does not want to make concessions, and sometimes deliberately complicates the life of the ex-spouse.
Without the consent of the ex-wife
If the ex-wife does not express a desire to leave and discharge herself, can this be done without her consent? In which cases? Consider situations where this is possible.
The owner of this property is the husband. That is, it is understood that the apartment was bought or donated to the husband before the wedding and he is its owner, but his wife is not.
The apartment is bought by both spouses, but the wife violates public order. Even if the apartment belongs to the wife in the same way as to the husband (bought in marriage, donated for a wedding, etc.), there are grounds for discharge if, after a divorce, the ex-spouse does not comply with the rules of living in the house:
- arranges brawls;
- damages property;
- abuses alcohol, thereby interfering with the peaceful living of the second spouse.
IMPORTANT! If a spouse is registered in an apartment owned by her husband, he cannot write her out after a divorce because she does not pay the due part of utility bills.
If there is a child
If the wife stays with common child, then it is much more difficult to solve the issue of extract. At the same time, the court involves the guardianship authorities, which need to decide on the most favorable decision for the child.
After the parents divorce, children can legally live in the living space of both the father and the mother (if the parent is not deprived of parental rights). In order for a mother to be discharged with her child, she must have a place where she can be registered. Otherwise, she will have to leave the baby registered at her husband's living space until she can get registration elsewhere. Thus, we answered the question of whether it is possible to discharge a wife after a divorce, and leave the child registered in the father’s apartment.
Regular deregistration procedure
Required documents:
In the case of a municipal apartment, you must come to the local government with your wife and draw up an application for an extract.
Deregistration is issued free of charge, and the terms are not regulated by law. This usually takes a few days, but due to the workload of employees, it can take several weeks.
After the extract is made, the woman will be able to receive a certificate confirming that she is no longer registered at the specified address.
NOTE! If the wife is against and the discharge is planned against her will, the ex-spouse can be discharged only through the court.
Rules for going to court
- divorce certificate;
- certificate of ownership;
- child's birth certificate (if required);
- receipt stating that the state duty was paid.
In addition, other documents may be required, and it will also be necessary to file the actual claim document. It must describe in detail who is the plaintiff, the defendant and for what reason the claim is filed.
It is important for the plaintiff to indicate his request to recognize the ex-wife as deprived of the right to live in the apartment. If the court recognizes the complaint as legitimate, the ex-spouse may be discharged forcibly.
Certain difficulties may arise not only when the ex-wife is discharged. Difficulties can be encountered both when and in the case when you need to evict a tenant who is absent or does not give his consent to this. The following articles from our experts will help you understand some issues:
- and sign up for another?
- Is it possible for rent?
- How to register there?
- What if and how to write it out?
- Is it possible and presence and how is it legal?
- Is it possible from the apartment?
- How from the apartment?
Privatized housing
So, let's figure out how to write an ex-spouse out of an apartment if you are its owner.
If the apartment is privatized and only the husband is its owner, he has every reason to demand that the ex-wife be discharged from the housing (we told how the extract from the privatized apartment of the person who is registered in it takes place). According to the law, after a divorce, she can use the property of her ex-husband only with his consent.
If the apartment is jointly owned by both spouses, the wife has all rights to housing and after the marriage was dissolved, and it is almost impossible to write it out. Even if she does not live in this place and does not pay utility bills.
However possible eviction due to immoral behavior. If the ex-wife breaks the silence after 23:00, behaves obscenely, arranges fights, drunkenness, you can also go to court. But first, you should file a complaint about a violation of public order with the police, and then write a complaint to the local administration.
If the violation of the order of residence by the wife continues, only then can you go to court. To do this, it will be necessary to collect testimonies and other evidence of such behavior of the violator - documents from the police confirming that the person systematically violates the law.
Is it possible to discharge a person without his consent, if he is the owner of the home!
public housing
If before the divorce, the spouses shared municipal housing, then after the dissolution of the marriage, both of them have the same right to continue to live in this apartment. Since such housing is not the property of either spouse, an ex-wife cannot be discharged from housing only on the basis of a divorce.
REFERENCE. If the wife does not pay utility bills and, and this can be proven in court, the ex-husband has the right to demand that she be discharged.
Also , according to article 91 of the RF Housing Code, it is possible if damage has been caused to property, if it is used for other purposes, if the tenant creates inconvenience for the living of other tenants.
Article 91 of the LC RF. Eviction of the tenant and (or) members of his family living together with him from the dwelling without providing another dwelling
- If the tenant and (or) members of his family living together with him use the dwelling for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the dwelling, allowing it to be destroyed, the landlord is obliged to warn the tenant and members of his family about the need to eliminate violations .
If these violations entail the destruction of the dwelling, the landlord also has the right to appoint a reasonable period for the tenant and his family members to eliminate these violations.
If the tenant of the dwelling and (or) members of his family living together with him, after warning the landlord, do not eliminate these violations, the guilty citizens, at the request of the landlord or others stakeholders are evicted to judicial order without providing other accommodation.
- Citizens who have been deprived of parental rights may be evicted from the residential premises without provision of another dwelling, if the joint residence of these citizens with children in respect of whom they are deprived of parental rights is recognized by the court as impossible.
Before filing an application with the court, you should file a complaint with the municipality. After the complaint is considered and verified (including interviewing neighbors or inspectors who can see for themselves the circumstances described in the complaint), the tenant who violates the order will be warned.
If the tenant continues to disobey the order, it's time to go to court. In addition to the application for the discharge of his wife, the plaintiff must prepare all the required documents, including receipts that confirm the payment of utilities and social rent. The testimony of witnesses (neighbors, acquaintances) is suitable as evidence.
Getting your wife out of the apartment may not always be easy. The process can be complicated by many factors, and sometimes you have to spend a lot of time and effort to carry out this procedure.
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