LawState and Law

How quickly to write a person out of an apartment?

There are a number of cases when a person needs to be discharged from an apartment. Most often, such a need arises in a situation where one of the family members does not live in the apartment for a long time. But it also happens that the mentioned action is necessary because of the uncooperative relations between the spouses. The reason, of course, is not particularly joyful, but, nevertheless, requiring any action. In this regard, citizens faced with this problem, trying to find the answer to the following question: "How to write out a stranger who has become a stranger without his consent?" As you understand, very rarely people part "like ships in the sea." Often, relations go to the stage of the "cold war", when there seems to be no fighting, but there is no need to reconcile. In short, you can implement your plan without the knowledge of the person being discharged. But how can I get it out of the apartment? Through the court - this is the only possible option.

Let's consider the situation when it comes to the release of privatized housing. Here the most pleasant thing is that in the case of buying an apartment before marriage, it's quite easy to fulfill the plan. We take the Housing Code and read article 31. It says that the right to use an apartment from a former husband or wife ends at the very moment when a divorce with its owner is officially registered. Clearly and unequivocally. It is enough simply to go to court and, referring to the fourth point of the mentioned article, to make your own or your "ex" pen. By the way, if suddenly relatives of the "dismissed" spouse or spouse lived with you, they also do not have the right to use the living space after the divorce, since from now on they are no longer relatives.

It is much more difficult to write out an ex-wife or husband from the apartment, if at one time the apartment was privatized with her or his consent. Here, no court will help. And again on stage is the 31st article of the ZhK RF. It says that since people have entrusted their share of housing to you, you can not just take them and drive them away (which we will call things by their proper names). It is noteworthy that the right to use the apartment of the above-mentioned individuals is reserved for them, even if the square meters are transferred to the ownership of another person or persons. Incidentally, this greatly complicates the purchase and sale of real estate. What is left to do in this case? As there are no levers of influence, and you prefer to honor the Criminal Code, they will save unless persuasion. Of course, long, nervous, and in some cases completely useless.

Sometimes it is required to issue a minor child from the apartment. Since we are considering privatized housing, it should be noted that it is very difficult to do this. All because as a result of operations with real estate there can come a deterioration in housing conditions, in which a young child grows up. And then write was lost: the bodies of guardianship and trusteeship would never allow a child to be discharged from the apartment. Incidentally, canceling the outlined deal was. Well ... you'll have to wait a little ... just a little ... until the coming of age of your child.

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