Is it possible and how to discharge my ex-wife from the apartment?

Very rarely, during a divorce, former spouses manage to peacefully resolve all property issues, especially when it comes to an apartment. It would seem that there could be no difficulty in deregistering an ex-wife - family ties are severed, which means that the rights to live in the husband’s living space should be canceled automatically. But, in practice, not everything is so simple: firstly, a person can be forcibly discharged only in court, and secondly, when considering a case, the judge pays attention to many factors, such as housing status, distribution of shares between former spouses, the presence of a minor child and so on.

Reasons

In accordance with the provisions of the Constitution of the Russian Federation, every citizen of our country has a legal right to housing, therefore, for his forced deportation there must be good reasons, for example the following:

after the divorce, the husband transferred the municipal housing into ownership, and the wife registered in the apartment did not take part in the privatization;
a woman does not live in this apartment for a long time or evades paying utility bills;
The marriage contract states that after a divorce, the apartment becomes the property of the husband.

In principle, being the sole owner of the property, the husband can initiate forced deportation at any time, but there are a number of exceptions to this rule. The court will not allow the ex-wife to be evicted from the apartment if:

the woman took part in privatization and owns a share in a shared apartment;
the woman signed a waiver of participation in privatization in favor of her husband or children;
the apartment was purchased by the spouses jointly after marriage, including with a mortgage;
according to the terms of the marriage contract, the woman has the right to live in the disputed apartment for life;
this is the only housing and financial capabilities do not even allow you to rent an apartment for temporary residence;
The housing in question is municipal.

What determines the possibility of eviction?

Before kicking your wife out of the house, you need to consider the situation from the legal side. Even the direct owner of the apartment does not always have the right to do this. You should know that this right depends on:

presence of registration with the former spouse;
to whom the living space is officially registered;
what rights did the spouses have if the apartment was not their property;
whether there are common children and who the court allowed to become a guardian;
does the woman have other living space to live in?

How to get your ex-wife out of your apartment

If the former spouses managed to peacefully resolve all property disputes, and the wife agreed to leave the shared apartment voluntarily, then it is enough to come with a passport to the regional department of the Internal Affairs Directorate of the Ministry of Internal Affairs of the Russian Federation and write a corresponding application. In three working days she will receive her passport with a deregistration stamp. But when a woman doesn’t even want to hear about eviction, then litigation is most likely inevitable.

Procedure

The first thing you should start with when deciding to discharge your wife without her consent is to try to resolve the conflict without trial. Pre-trial settlement of the dispute is a mandatory stage, and even if the conversations do not lead to anything, in the future they will be proof that, for your part, you did everything possible to persuade your wife to discharge voluntarily.

If negotiations do not lead to anything, it is necessary to write a statement of claim to the district court at the location of the disputed property.

Procedure

Having decided to force your wife to deregister at her place of residence, you must follow the following algorithm:

At the pre-trial stage:

negotiate with your ex-wife;
give her a written request for voluntary deregistration.

You will learn how to correctly draw up an eviction request from this article on our website.

If the negotiations are unsuccessful, we begin to prepare for the trial:

draw up a statement of claim;
We collect evidence of the illegality of the ex-wife’s residence in her husband’s apartment;
We collect the necessary package of documents;
we pay the state fee.

Trial stage:

we submit the statement of claim along with the prepared documents to the office of the district court of general jurisdiction;
defend our position at hearings;
We receive a writ of execution.

We remove the ex-wife from the registration register:

we transfer a copy of the writ of execution to the employee of the regional department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation;
If the wife, even after being discharged, refuses to leave the apartment, we go to the bailiffs with the original writ of execution and write an application for forced eviction (you can read about eviction after a court decision here).

The discharge of a tenant on the basis of a court order is carried out automatically by the registrar without his presence.

Statement of claim

Drawing up a statement of claim is a very important stage and should be approached with maximum responsibility. Any error in the text or structure of the document may be grounds for refusal to accept it.

The text of the application must indicate:

name of the court;
Full name and contact information of the plaintiff and defendant;
essence of the question;
references to available evidence and legal norms;
a request for the forced discharge of the ex-wife with her subsequent eviction;
a list of all documents attached to the application;
date, signature of the applicant.

After the court secretary checks the correctness of the claim, the document will be accepted for processing.

Documentation

The mandatory package of documents for the court must consist of:

receipts for payment of state fees;
title documents for housing;
certificates of property rights obtained from Rosreestr;
extracts from the Unified State Register of Real Estate;
contracts, certificates, receipts and other documents indicating the ex-wife’s loss of rights to the disputed property.

Price

The state fee for filing a non-property claim in a district court in 2021 is 300 rubles.

And you won’t have to pay for directly making changes to documents at the migration authorities - this procedure is free.

Deadlines

Consideration of the claim by the court office will take no more than 5 working days. One month is allotted for the hearings, the court has exactly one month to make a decision and issue a court order on eviction, and another 30 calendar days are given to the defendant to appeal the decision.

Legal assistance

Housing disputes involve a tedious procedure in court. The applicant must prove that the ex-wife's discharge is justified. Doing this alone is almost impossible. You must have at least minimal knowledge of legal proceedings and possess evidentiary skills. On top of everything else, the trial takes a lot of nerves, time and effort.

The right solution is to contact a lawyer. After receiving a free online consultation, you will have an idea of how to proceed and whether you need to go to court? Lawyers will explain complex nuances in simple and accessible language. If you wish, you can entrust a lawyer with supporting the case in court.

Watch a detailed video about deregistering your ex-wife:
Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Nuances:

Before starting a forced discharge, soberly assess your options, because it may happen that the court, after hearing the arguments of both sides, will side with the defendant.

If the wife is the owner

If the apartment is the legal property of the wife, and the ex-husband is simply registered there, there is no point in even starting the forced eviction procedure, since a woman, unlike a man, has indisputable property rights to housing.

From a privatized apartment

A woman who voluntarily refused to participate in privatization in favor of her ex-husband has the full right to lifelong residence in the disputed living space. The court will satisfy your request for forced deportation only if it is proven that the defendant owns another home.
A woman who is not the owner of the disputed apartment, but who currently has the financial ability to rent another home and move, will most likely be given time by the court to find a new place of residence, during which time the spouses will have to live together.
If the wife is the legal owner of half of the shared apartment, she can only leave there voluntarily. There is no point in going to court.

From a council apartment

The owner of the municipal apartment is the district administration, therefore any registration actions in relation to this real estate must be carried out with its permission.

Discharge of an ex-wife on the initiative of her husband is possible only in two cases:

The woman has not lived at her registration address for more than six months and is evading paying utility bills.
Due to the ex-wife's rowdy behavior, her drunken get-togethers with friends, and damage to property as a result of her actions, the husband's living conditions became unbearable.

For debts

When the ex-wife does not fulfill her part of the rent obligations, the husband living with her has every right to demand through the court the forced eviction of the debtor. But, if a woman has a lifelong right to live in an apartment due to her voluntary refusal to participate in privatization in favor of her husband or is the owner of a share in jointly acquired property, most likely the claim will not be satisfied.

With baby

If a married couple had a child before the divorce, then it will not be possible to force him out of either a municipal or a privatized apartment, but in relation to the ex-wife, the husband has every right to initiate the procedure for forced deregistration, but only if there are sufficient grounds for this .

If the owner of the property is neither the natural father nor the adoptive parent of the child, then he can discharge the ex-wife (not the owner) along with her child at any time, but only through the court. In this case, both the mother and the child must be indicated as respondents in the application.

Without agreement

It is possible to forcibly deprive a person of the right not to live in a disputed residential property only through the court. All other attempts to evict a tenant from an apartment through the use of blackmail or physical force are illegal and may become a reason to initiate criminal proceedings against you.

If there are minor children

If a woman who has minor children is kicked out of her living space, the situation becomes much more complicated.
On the one hand, the court does not have the right to leave children without a roof over their heads, on the other hand, it must defend the rights of the husband, whose property is the housing. Children must live and be registered with the parent whose custody they were given by the court. This is easier if the guardian is the homeowner. And if not?

You can file a petition for child custody. Nowadays, men are more often trusted with children. A stable financial situation and the availability of housing in this case will be an additional argument in favor of winning.

If the woman is the guardian and is not provided with housing, the court may oblige the man to provide her and the children with living space in conditions no worse than those they had previously. However, in this case, he will not pay alimony. Without such an opportunity, the spouse risks remaining living with one family for some more time, which will be determined by the court.

If the wife has her own property, or the opportunity to get a service apartment, she is simply discharged along with the children, and in the future they are registered at a new place of residence.

Taking into account the circumstances, the court may order the woman and her children to live with her parents, both her and her ex-husband.

If the period specified by the court expires, the woman must move out, and the circumstances of both lack of housing and low material income are rarely taken into account.

Dismissing a woman does not necessarily mean discharging the children. They do not lose ownership of their father’s living space, and they are not required to be discharged immediately. This issue requires separate consideration, since it has many complex aspects. If there are disputes between a man and a woman regarding real estate, especially if there are minor children, it is important to use the services of experienced lawyers, since every little detail can be important, influencing the decision of the judges.

Possible difficulties

If the housing is for official use, for example, given to the family of a military man, disputes often arise as to who should file a claim for the forced deregistration of a woman at her place of residence - the ex-husband or the owner of the apartment.
From the moment the divorce certificate is received, the relationship between the spouses automatically disappears; the only thing that can connect two people from that moment on is the presence of common children. A child born in a privatized apartment automatically becomes the owner of its share, and it is impossible to force him out of there. And since courts often leave children to live with their mothers, it will be very difficult to forcibly evict an ex-wife. In addition, a woman can make a counter-demand to her ex-husband to provide her and her child with decent housing and financial support.

Together with the child

If there is a need to discharge both a wife and a minor child, then certain difficulties .

After discharge, the spouse must have a place where she will be registered and only then will the court allow the discharge of the child, who will be registered with the mother.

Neither the guardianship authority nor the court will allow the child and mother to be removed from the register “to nowhere” until they reach adulthood.

You may be able to register your spouse by court order, but the child will remain registered with you until the woman manages to register elsewhere.

Arbitrage practice

The main reason for the forced discharge of former spouses through the court is divorce with automatic termination of kinship. In addition, when making a decision, judges pay attention to many additional factors, such as:

financial security of the defendant;
whether the woman owns another home;
common minor children.

Example. After the Solovyov family divorced, the husband continued to occupy municipal housing, and the wife, without leaving contact information, left the apartment. After some time, the man had a new woman, and the happy couple decided to get married, but first they wanted to finally break off all old ties and write Solovyova out of the apartment.

Soloviev immediately filed an application with the district court. The claim was accompanied by a divorce certificate, copies of rent receipts, the payment of which Solovyova had not participated in for more than two years, and a social tenancy agreement.

After reading the text of the claim, the defendant expressed disagreement with some of its points. According to the woman, she was forced to temporarily move from the disputed housing due to the socially dangerous behavior of her ex-husband, who tried in every possible way to ruin her life. In addition, the defendant convinced the court that she was ready to repay the rent arrears in full as soon as possible. To prove her words, Solovyova brought several neighbors who confirmed the plaintiff’s antisocial behavior.

After listening to the arguments of the parties, the judge decided to refuse to satisfy the demands of Solovyov’s claim and preserve Solovyova’s right to live in the disputed apartment in full.

How to protect your rights?

The legal consequences of divorce can be onerous. Therefore, experts advise adhering to the following recommendations:

If you doubt a person’s honesty, you should not register him in the apartment on a permanent basis. It is much safer to issue a temporary registration - it is easier to cancel it.
The process of discharging an ex-wife from a municipal apartment is complicated by proof. You will need to indicate that the wife lives in another apartment (exact address) and does not pay utility bills. The testimony of neighboring witnesses is not superfluous.
There is a completely legal way to expel your ex-wife from the apartment even after the court refuses. The owner of the apartment draws up a deed of gift for his relative. The latter, acting as the new owner of the property, has the right to discharge the previous residents from it (Clause 2 of Article 292 of the Civil Code of the Russian Federation). Thus, the ex-wife will be required to move to a new place of residence.
It is even easier to register a former partner in a “civil marriage”. A man, if he is the owner of an apartment, files a lawsuit demanding that the registered person be removed from the register. True, a woman may be given a deferment to find a new home. But usually it doesn't take much time.
Refusal to move out of the apartment serves as the basis for contacting the bailiffs. Faced with the stubbornness of his ex-wife, a man has the right to write a statement to the SSP - the basis will be a court writ of execution. Bailiffs will help the obstinate ex-wife leave the premises she occupies.

Thus, the ex-husband has the right to expel his wife from his apartment. The basis is the termination of family ties. It is prohibited to discharge from an apartment persons who have refused privatization in favor of family members. In addition, it is impossible to deregister an ex-wife if the apartment is jointly acquired during marriage. Municipal housing is reserved for both spouses.