Kick your husband out? For many women, the very posing of such a question seems absurd and blasphemous: how can this be, after all, it is we, the guardians of the family hearth, who, on the contrary, make a lot of efforts in order to attract a man to us, create a family, give birth to a child and enjoy all the benefits of the newly created social unit - and then take it and kick it out? But life is a complicated thing, and situations often turn 180 degrees. And now the once beloved spouse causes only one irritation and a desire to send him to hell. It’s good if he understands this perfectly and immediately disappears from your life altogether. How can you kick your husband out of the house if he doesn’t leave? He doesn’t want anything and that’s all. We offer 4 surefire ways to solve an acute life problem.
Eviction methods
First of all, there are several ways to evict:
- By voluntary consent, the ex-wife can talk with her husband and tell him about the prospects of eviction through the court. All costs will have to be paid by the losing party, and the spouse will still have to move out.
- Forced eviction - if the former husband is not even registered in the wife’s living space, then the spouse can call the local police officer or the police, who will expel the ex from the apartment.
- According to the court decision, the wife must file a lawsuit demanding to vacate the living space.
But the spouse must understand that throwing things away is unacceptable, since the victim may hold her accountable. Moreover, sometimes in the process of litigation, factors are discovered that prevent the expulsion of the ex. Each situation has its own characteristics and is therefore considered individually.
Breaking up is always hard
Realizing that separation is the only way out, and love has long faded away, the woman still feels devastation and melancholy. This is female psychology. To better survive this period, you need to understand that there is no turning back. Burn all your bridges. Avoid any joint activities. Avoid places where there is a chance of meeting a past love.
Dedicate all your free time to yourself and your children. Visit a beauty salon, sign up for a massage, start playing sports.
Now you know how to kick a man out. Once you have gathered your resolve, remember: you can’t just take him out into the street if he has nowhere to go. Contact a lawyer and find some kind of compromise on this issue.
How to evict a roommate
If the cohabitants separate, then the spouse is obliged to leave the apartment. Although there are many nuances here. For example, when he is registered on the territory of a friend or does not have his own living space. In these cases, the court sets a certain time during which the former is granted the right to use housing. The court may make such a decision if:
- there is no home and no opportunity to rent it;
- disability, pension, elderly status, health problems;
- the fact of creating unbearable living conditions has been established;
- the former has dependents.
The court will examine the evidence provided by both parties.
Women's mistakes
In her aspirations to drive out a person who has become unpleasant as quickly as possible, a woman sometimes makes a number of mistakes:
- Don't use blackmail . Whatever the outcome, show respect to the person you once chose as your companion. And you shouldn’t forget about your honor and dignity.
- Do not damage personal property : clothes, documents and other things.
- “Going behind your back” means acting immorally . Are you capable of this? Communicate in advance that you want to separate and get rid of your roommate.
Important! Don't forget about humanity in any situation.
If the wife owns the apartment
If the living space is registered in the name of a spouse, the law takes the side of the owner. Upon termination of the marriage relationship, the ex-husband loses his status as a family member of the owner of the apartment, and therefore also loses his right of residence. But there are several situations in which the faithful has the right to put forward counter-demands to live in an apartment, or to provide other living space:
- if during the privatization of real estate it was officially registered on its territory;
- if the ex pays monthly alimony to the spouse.
During the court process, the ownership of the living space of each spouse is determined. When the ex is not a co-owner of the property, his removal is significantly accelerated.
Reasons for refusing to accept an application
The judge rejects the claim or returns it to the applicant for the reasons provided for in Articles 134 and 135 of the Civil Code of the Russian Federation.
Predominant excuses for refusal:
- There is a court ruling on the subject of the dispute that has entered into force and is binding on the plaintiff and defendant.
- A settlement agreement has been reached between the parties to the dispute regarding the subject of the claim.
- The pre-trial procedure for resolving the conflict has not been followed.
- The petition was submitted by an incapacitated person.
- The dispute described in the filed claim is already being considered in this or other courts.
- The application was not signed by the plaintiff.
Important! Returning the application does not preclude resubmission after correction of the noted violations.
Voluntary eviction of a former spouse is the final optimal solution for members of the former family after a divorce. The final separation will take place without scandals with mutual concessions and taking into account mutual benefits or inconveniences.
Involvement of the court requires careful preparation of evidence of the legality of the claims. The completeness and thoroughness of the attached papers will direct the judges to adopt the ruling expected by the plaintiff.
Are you interested in the issue of eviction of citizens from residential premises? Read our other articles on this topic:
- Step-by-step procedure for eviction of illegally residing persons from an apartment.
- Rules for eviction of a registered person from an apartment if he is not the owner.
- Eviction without provision of other housing.
- Grounds and procedure: how to evict a person from an apartment?
- How does eviction from a municipal apartment for non-payment of utilities proceed?
- Is it possible to evict from the only home?
Features of the eviction procedure
When a couple has not officially dissolved their marriage, then by law they are official spouses, and therefore can occupy a common apartment. When a divorce takes place, specific situations need to be considered. Eviction is relevant if the following factors occur:
- breaking windows;
- wife beating;
- breaking doors.
Such actions by the faithful are illegal and therefore fraught with criminal liability. But when your spouse is going to kick out your husband, you need to prepare:
- obtain confirmation from neighbors about the man’s antisocial behavior;
- confirmed facts of frequent calls to the police, confirming the wrongful actions of the faithful;
- provide a certificate of damage received.
When a woman often contacts the police, and the officers are not particularly helpful in pacifying her violent husband, then you need to contact the prosecutor’s office.
If your husband is a fighter and a tyrant, how can you kick him out of the house?
The following advice is addressed to those who are forced to endure not only psychological, but also direct physical violence from their husband. If the conflict has already escalated into physical harm, record the beatings and submit a report to the nearest police station. If there were threats to life, this fact should also be reflected there.
Important - a written application must be submitted, it is registered in your presence and you are provided with registration information. It would be a good idea to make photocopies of the documents being transferred in advance and ask the receiving employee to leave a mark of acceptance on them with a signature, transcript, and date. Learn to resist various manipulations designed to force you to withdraw your application or not submit it at all (stories that later your children will not be accepted into the civil service if their father has a criminal record, etc.).
The fact that you do not ignore such arts of your husband will most likely somewhat cool his faith in the healing power of assault, and criminal or administrative liability is quite likely. The exodus of an unwanted spouse from your home at this stage is likely, the reason is the realization that staying in the same house with you is fraught with serious responsibility for him, because it is extremely difficult for such people to restrain themselves.
What to do
The legislation clearly delineates the rights to residence. There is a specific owner of the property, in our example - the spouse. She has the right to kick her husband out of the living space, even when he is registered. It is permissible to kick out an ex when there is evidence of drug use or alcohol abuse, bullying of household members, or non-payment of utilities. Such issues are resolved in court. In this case, the following procedure is observed:
- Together with a lawyer, draw up a statement of claim.
- Prepare ownership documents.
- Attach a certificate of termination of the relationship.
- Provide evidence, testimony that serves as a strong argument for the expulsion of the ex.
- Pay the state duty and provide a receipt.
The spouse needs to prepare in advance, since during the proceedings they will definitely consider:
- who purchased/received housing;
- whether the ex-spouse took part in privatization;
- does the spouse have housing, etc.
The court must interview all witnesses and take into account all factors. It may happen that the court takes the position of the spouse. But the easiest way is to kick out your ex-husband or cohabitant when he is not registered and does not have property rights. The court may decide to divide the property, provide housing to the ex, postpone the eviction, or immediately expel the man.
The court's decision
Practice in cases of eviction of a former spouse from an apartment without his consent usually ends:
- division of disputed real estate with the provision of housing;
- eviction due to loss of the right to use the apartment;
- refusal of eviction and postponement.
Evicting an ex-husband from a privatized apartment is not always easy, so it is recommended to use the services of legally competent specialists. With the right approach, the matter will be completed in the shortest possible time with the most positive result.
Special cases of eviction
To make it easier to understand the eviction procedure, it is better to consider specific situations:
- When the former is registered, but is not the owner of the property. In such a situation, you can expel the faithful only by a court decision. As an argument, the wife can point out that the husband leads an immoral lifestyle, disturbs neighbors or does not pay rent, etc.
- If the ex is not registered and is not the owner. According to Art. 35 of the Housing Code, after a divorce, the owner of the apartment is not obliged to vacate it. But at the same time he is given a 12-month period to find another place to live.
- When the spouse is the owner/co-owner of the property. The situation is legally complex, since there are property rights. You can achieve eviction only if there are grounds from the Housing Code Art. 91.
- Housing has been privatized. If privatization took place before marriage, then the spouse has the right to demand the eviction of her ex. If the spouse refuses to participate in privatization, he retains the right to use the living space. When participating in privatization, he acts as a full co-owner, therefore he has every right to live in the apartment as long as he wants.
- The home was purchased during marriage. It will not be possible to evict the former spouse, since everything acquired during the marriage is joint property. Although eviction is possible even in this situation, subject to a marriage contract with specific instructions on this issue, long-term absence of work from the ex and other circumstances provided for by law.
Each situation requires detailed consideration. Even in similar cases, the court can make completely opposite decisions.
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Reasons
“My husband doesn’t want to leave my apartment,” many women complain. You can officially oblige him to move by legally demanding the termination of family relationships (divorce). In addition, it is possible to achieve eviction if:
- The period of residence has been completed (municipal, service house);
- Illegal actions have been committed.
- Sanitation standards were not observed.
- The owner of the property has changed.
- The apartment has become unusable.
In marriage, spouses have the right to use each other's property.
Stage No. 3 - Discharging the ex-husband
The losing party has a period to try to challenge the court decision - by filing an appeal to a higher court (Article 320 of the Code of Civil Procedure of the Russian Federation). After the expiration of this period, the decision comes into force - Art. 210 Code of Civil Procedure of the Russian Federation.
How long should I wait? In-person decision - if the defendant does not challenge it, then after a month it comes into force (clause 1 of Article 209 and Article 321 of the Code of Civil Procedure of the Russian Federation). The month must be counted from the date of the final decision. The date can be found in the text of the decision itself. For example, “The reasoned decision was made on August 20, 2021” or “The decision in reasoned form was made on August 20, 2019.” This means it will come into force on September 20, 2021.
With an absentee decision it is more complicated - it comes into force 7 days after the defendant received it, but did not appeal - clause 1 of Art. 244 and paragraph 1 of Art. 237 Code of Civil Procedure of the Russian Federation. What if the defendant does not withdraw the decision? Then it must wait 1 month and 10 days - clause 14 of the Review of Judicial Practice of the Supreme Court No. 2 of June 26, 2015. Better than a month and a half.
When the court decision comes into force, the plaintiffs need to bring a copy of it to the passport office and the defendant will be discharged. After discharge, I advise you to obtain a fresh extract from the house register (certificate of registered persons). There will be no defendant.
The court itself will send a copy of the decision to the migration department of the Ministry of Internal Affairs (formerly the Federal Migration Service).
