Love has passed, divorce is formalized, property is divided, for complete happiness it remains only to write out the former husband's apartment. But how can this be done and can the former spouse be discharged without his consent? Everything depends on the specific situation, some of which we will now consider.
How to write out an ex-husband from a privatized apartment?
1. After the procedure of divorce, the spouse immediately loses the right to use the apartment (Article 31 of the RF Housing Code), if the living space was originally your property, that is, you bought an apartment before the marriage. Therefore, you have the right to issue an ex-husband from the apartment when you wish, even without his consent. To do this, you need to go to court with a lawsuit about the eviction of the former spouse (part 4 of Article 31 of the LC RF). After the positive decision of the court and on its grounds, the ex-husband from the apartment can be discharged.
2. How to evict the husband from the apartment, if the house was donated to you by one of the relatives from whom you lived together with your husband? That is, the apartment was the property of your relative, and at the time of the donation you were already married for some time and lived in this apartment with your husband. In this situation, you also have the right to write to the former spouse, since the property right passed to you (article 292 of the Civil Code of the Russian Federation), and not to the family. This fact can become the basis for canceling the right to use the apartment by your ex-husband. The basis for his discharge from the apartment will also be the relevant court decision.
3. If the living space was acquired (privatized) by you, when you were married, then it would not be possible to write out the former spouse from such an apartment, only a change is possible. And it does not matter whether the living space was privatized to either of you, or the husband at the time of privatization refused his share in your favor or in favor of another member of the family, he retains the right to reside.
How can I get my ex-husband out of a non-privatized apartment?
Consider the situation when the apartment is not privatized, and the former spouse does not reside in it and does not intend to leave it, refusing to pay utility bills. How to drive her husband out of the apartment in this case? You do not have the right to write it out, because the temporary absence of a family member is not the basis for losing the right to an apartment (Article 71 of the RF LC). An exit from this situation can be an appeal to the municipality with a demand to exchange a non-privatized apartment. If for any reason the exchange will not be possible, then you can apply to the court, demanding that the former spouse be deprived of the right to use the apartment. The grounds for the cancellation of his rights to use the living space may be refusal to pay for communal services and voluntary residence in a separate territory. After a positive court decision, it will be possible to discharge the former spouse from the apartment.
In addition, if you constantly pay for utilities for an ex-husband while he was registered with you, then you have the right to receive compensation for the money you spent. It is also possible to seek such compensation in court.
If the ex-husband does not have his own housing and does not have the opportunity to live