How to evict your husband if he does not want to leave the house himself

Eviction methods

You can calmly talk to a man about his voluntary eviction.
If you are thinking about evicting your husband, then you need to understand that there are two ways to solve this problem.

Voluntary. The woman must convey to the man the essence of the current situation, explain that it will be much worse if the matter goes to court. He must realize that he will still lose, but money will be spent on a lawyer, court costs, and he still won’t stay in the apartment for long. This option is appropriate if the apartment belongs to a woman and the man has no rights to it.
Forced. Such eviction is possible by court decision if the claim was filed by the owner of the living space.

Is it possible to evict an ex-husband from an apartment?

This question may arise before a woman after she has divorced her husband, no matter how much time has passed since the date of divorce. After all, some married couples coexist quite peacefully in the same living space. And in some cases, husbands themselves leave the apartment to their ex-wife, not wanting to waste their time and nerves. This question can be answered in the negative only in two cases:

the husband was the owner of the apartment (or its share) before marriage, and when living together, did not draw up a deed of gift for his wife;
the husband inherited an apartment, regardless of whether this happened before legal marriage or not.

In other words, if during the marriage the wife only had the right to use her husband’s apartment, then the ex-husband will not be evicted.

Example. In 2010, Zuev V.P. entered into marriage with Gaeva I.R. and from that time on they began to live in a rented apartment. After 5 years, Zuev V.P. received an inheritance in the form of a four-room apartment and the couple moved into it. In 2021 Gaeva I.R. decided to divorce her husband, filed a claim in court for divorce and division of jointly acquired property, including an apartment. Zuev V.P. filed a counterclaim against his wife to evict her from the apartment due to the loss of grounds for residence and the court fully satisfied his demands, citing the fact that property received during marriage in accordance with the rules of inheritance law is not jointly acquired.

In all other cases, the ex-husband can be evicted under certain circumstances. It is better if this happens voluntarily, but often you still have to contact the judicial authorities.

Possible methods

You can regularly arrange get-togethers with your friend, wash your husband’s bones

If you are struck by the thought “I want to kick my husband out of the house, but I don’t know what to do,” then you can use one of the options below.

Do everything to make your spouse feel out of place in the apartment. Deny him attention, sleep on different beds. Prepare only those dishes that you like, do not take into account his preferences. Don't ask him to go shopping or help with housework. See yourself as if you don't notice him.
Stop being affectionate with your husband, communicate with him dryly, and do not fulfill requests. Invite your friends over more often. Let them express their surprise that the man still lives in this apartment. Discuss his shortcomings with them.
Do everything to lower your ex-lover's self-esteem. Say that he earns too little, that he is a complete nonentity in bed. Give examples of other people who are more successful, beautiful, strong. However, a woman must be prepared for the fact that behaving in this way will hurt a man’s pride. In response, a man may lose his temper and hit his wife.
The most radical method is the appearance of a new man in a woman’s life. It is unlikely that the spouse will be able to tolerate the rival. Only if he has completely lost his self-respect.
Some wives manage to introduce their husbands to another woman. They do this so that she will lure him into her network and lure him into her home.

It is unacceptable to throw away your husband's things or damage them in any way, otherwise you will be held accountable before the law.

How to kick out a roommate if he doesn’t want to leave my apartment

This needs to be resolved in a civilized manner - we need to somehow come to an agreement with him. Well, what’s the point of paying “guys on call”, well, they’ll throw him and all his belongings out onto the street, but he has nowhere to go, he’ll be safely placed on the staircase, under the author’s door. This is not an option.

That's the whole question... He doesn't want to leave my apartment. Where not registered. I would go to the police, but they need some compelling reasons, right? Type: beats, drinks, rowdy. But we don't have that. He just sits at the computer around the clock and works from home. Change the locks while he's not there, it won't work. Doesn't leave the house at all. My relatives are far away. There are no brothers or male friends to talk to him. Please advise HOW.

This is interesting: Where can I pay for a pension transport card?

If the spouse is common-law

In a situation where a woman breaks up with a man with whom she lived in her living space and did not have a legal union, he must voluntarily leave the occupied space.
In the case when a girl manages to register a gentleman in her apartment, but he does not have his own living space, the court decides to give the person the right to use this housing for a certain period of time. There are a number of situations that will influence the former partner’s ability to remain in the apartment:

the man does not have his own home and cannot rent it;
presence of disability, serious health problems;
pension status or advanced age;
the presence of dependents who are registered with him;
the court will find that conditions were created for the person that were unbearable for living.

The trial will consider the duration of the civil marriage and will take into account the evidence presented by both parties, including witness testimony, which will influence the final decision of the court.

Unofficial husband

It would be more correct to call such a union cohabitation, but in society they are accustomed to calling it “civil marriage . Living together without registering a marriage in the registry office greatly simplifies the entire process. In this case, the ex-lover has absolutely no right to stay after being shown the door.

Another case is if the gentleman somehow persuaded him to give a residence permit, but does not have personal housing. Then the court will grant a deferment and allow the use of the occupied square meters for some time.

This opportunity arises under several other circumstances:

presence of disability or serious health problems;
retirement age;
there are dependents to whom alimony is paid;
he will be able to prove in court that he lived in unbearable conditions.

During the legal battle, attention is paid to the testimony of both parties, witness arguments, the number of years they lived together and the characteristics of this residence.

If the apartment belongs to the wife

In case of divorce, the man has no right to this living space. If the ex-husband continues to stay in an apartment that does not belong to him, the woman has the right to apply for eviction to the court. At the same time, the man also has the right to file a counterclaim in which he will ask that his ex-wife provide him with other housing or allow him to use this apartment. This is possible if it was registered at the time the apartment was privatized or the man pays alimony.

A woman will be able to evict her husband much faster if he does not have a share in the property rights, a written agreement that specifies the procedure for using the housing, or a marriage contract.

Results

It is quite possible to evict your ex-spouse from the apartment, even if he does not want to: however, you need to study the nuances that will allow you to understand the process in more depth and detail.
If the husband behaves inappropriately, he can be forcibly evicted even if he is registered in the housing.
It is necessary to collect testimony and film beatings if there is a desire to evict the brawler from the apartment - all this will help the court draw a clearer portrait of the defendant.
The eviction procedure takes place according to a specific plan.
You cannot throw your husband’s things out onto the street or into the entrance - they can also be held accountable for this.
A spouse can receive a temporary deferment if he has difficult life circumstances and he is not able to move out and rent housing right now.

If the husband drinks

Getting rid of relatives who abuse alcohol, in particular an alcoholic husband, is not easy, but it is quite possible. The main thing is that a woman must make a firm decision and not back down from it, no matter how hard it is for her. The psychology of men who drink regularly is quite complex, and parting with such a person is very difficult.

Firstly, difficulties may arise due to the fact that there is a feeling that love is still in the heart. The man is very dear, despite the fact that he has become pathetic and sank to the very bottom. But, in fact, you love not this person, but the way he was before. By and large, you live on memories.
Secondly, a woman may feel shame and believe that she is giving away her loved one. You should not think that a man will be lost without you, will not survive, no one else will help him. In fact, these thoughts are destructive. Only he himself can help a drinking person when he realizes his problem and begins to fight it.
A woman may feel guilty if there are children growing up in the house. She believes that by her action she is depriving them of their father. There must be a realization that no dad is better than this. And why should the growing generation see such an example before their eyes?
A wife may feel sorry for a man if he promises that he will give up alcohol and start living a new life. You must understand that if these are just words that are not followed by any actions, then the man is simply trying to keep you. He does this not because he loves and is afraid of losing, but because it is convenient for him to be with a person who cares and looks after him.

If an alcoholic husband lives in a woman’s apartment, then it is quite easy to kick him out the door. However, what to do if a woman is not the sole owner of the living space. In such a situation, one cannot do without consulting a qualified lawyer specializing in such cases.

In fact, there are four possible development options, depending on who owns the apartment.

Completely owned by his wife. For a woman this is the best option. She can easily kick a man out of her apartment, change the locks and not let him in. You just need to remember humanity, understand that you can kick a person out when he has somewhere to go.
The apartment is fully owned by the spouse. In such a situation, the woman must leave herself.
The apartment is in municipal ownership. In such a situation, you will have to go to court. A woman must write a statement that the man leads an asocial life, provide witnesses who will confirm this, in particular, if there is a threat to health or life (yours or your children). In such a situation, either the eviction of the man or a forced exchange will take place.
The apartment is in common ownership. The spouses can either sell it to split the money equally, or exchange it for two separate areas with an additional payment. In such a situation, it is important to come to an agreement with the man and not do anything behind his back.

An alcoholic, after selling his property, can drink away the money he receives and crawl to his ex-wife to ask for help. Therefore, it is desirable that someone controls this process, and the man gets some kind of housing.

How to evict a roommate from an apartment if he is not registered there?

The easiest way is to evict a cohabitant without his consent, if he is not registered in the owner’s apartment. But you need to remember that not all categories of tenants are subject to eviction.

The owner cannot evict:

Dependent (disability + living with the owner of the home for 1 year or longer);
Family member (by consanguinity or official marriage).

A cohabitant may be included in the first category, provided that he is financially supported by the owner of the apartment. Most likely, he will have “immunity” from eviction. If the cohabitant is not a dependent and is not registered in the apartment, eviction occurs as usual.

Example: While vacationing in Turkey, Ivleva met Cherkasov. Mutual sympathy arose, and upon returning from abroad, Cherkasov moved in with Ivleva. Registration in the apartment was not completed, because... the man was registered with his mother. Soon disagreements arose - Ivleva wanted to live with a “real man”, and her roommate did not work anywhere and abused alcohol. It happened that Cherkasov created inconvenience for his neighbors in the stairwell. Tired of endless conflicts, Ivleva turned to the district police officer with a complaint about her roommate. She said that the apartment belongs to her by right of ownership, Cherkasov is not registered there, violates public peace and does not want to move out voluntarily. The district police officer responded to Ivleva’s appeal, and soon Cherkasov was evicted from the apartment along with his belongings.

Procedure

Law enforcement agencies deal with issues of eviction of unwanted tenants. If the cohabitant is not registered in the apartment, the owner has every right to evict him even without consent. This is due to the provisions of Art. 209 of the Civil Code of the Russian Federation.

Instructions on how to evict a roommate if he doesn’t leave:

Try to persuade him to move out voluntarily.
Give notice of eviction within the prescribed period.
Submit an application addressed to the district police officer.
A police officer will visit the apartment, check the documents, and draw up a report on the residents living in the apartment.
Drawing up an act of forced eviction of a cohabitant.
Resident notification.
Eviction from the apartment within the agreed period.

The owner of the apartment will not even need to resort to judicial recourse. It is enough to present documents for the apartment and declare that the roommate is an unwanted guest.

You can read more about the eviction of illegally residing people in our separate article.

Documentation

So, the eviction should take place in the near future - what documents will be needed from the apartment owner?

Prepare:

an application addressed to the local detective officer (full name, rank, address of the stronghold and telephone number can be found on the business card or on the website of the Ministry of Internal Affairs);
Russian passport;
document of title (for example, an apartment purchase and sale agreement);
extract from the Unified State Register of Real Estate (new version) or certificate of ownership (old sample);
an extract from the house register - about how many people live in the apartment (no information about an unregistered roommate).

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The very fact that the homeowner wants to evict his former partner is enough. But you can support your intention with evidence .

For example:

testimony of neighbors and family members;
the conclusion of the housing inspection about the violations of the cohabitant;
copies of reports from the police, prosecutor's office (deviant behavior of the tenant);
photos, audio and video recordings.

In a word, even if your roommate does not leave, you can find justice for him. Provided that registration in the owner’s apartment was not issued.

Statement to the police (sample)

An application to evict a tenant is filed at the local police station at the place of residence. The owner of the apartment must write an application on a ready-made A4 form in two copies.

Contents of the statement to the district police officer:

Full name of the detective;
title, position (current or temporary);
Full name, passport details, address, telephone;
further – by;
description of the current problem, parties, right of residence, absence of such right, etc.
information about the warning, notice or requirement to vacate voluntarily;
an indication of the violated rights of the owner;
request to pay a visit and take action (for example, evict an unregistered cohabitant in the apartment);
Date of preparation;
personal signature.

The applicant submits two copies of applications to the duty station or personally to the local police officer. You need to receive an application back with an acceptance stamp (spoof).

Deadlines

Verification of the requirements stated by the applicant usually takes 3 working days . Next, the district police officer contacts the owner of the apartment and arranges a visit. It is advisable that the cohabitant and his things be in the apartment - as proof of residence without registration. Eviction occurs within a period agreed in advance - no more than 6 days (but more often a week is given).

Price

Contacting a local police officer is free. The subsequent eviction of the “common-law husband” also occurs without financial costs on the part of the owner. Costs may be associated with obtaining a number of certificates. For example, a current extract from the USRN costs 460 rubles (previously 400 rubles).

Procedure

If you decide to evict through the court, you need to enlist the support of a lawyer and draw up a statement.
When you decide to evict your husband through the court, you must:

Submit an application drawn up in the presence of a lawyer.
Attach documents that will confirm ownership.
Provide papers that indicate divorce.
Provide compelling reasons why the man should be evicted.
Pay the state fee.

At the eviction trial, attention will be paid to the following points:

who purchased housing;
whether the man took part in privatization;
whether he has an alternative place to live;
The testimony of witnesses is taken into account.

There are cases when a decision is made in favor of the husband.

The trial may end with a decision:

about property division;
eviction of a man;
providing the defendant with living space;
providing a deferment for the loss of the right to use;
refusal of eviction.

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.

Peculiarities

After a divorce, a man who has a residence permit in a certain living space may be evicted if the following situations occur:

breaking doors;
battery;
breaking windows.

Such actions by a man are regarded as illegal, and he is prosecuted.

In a situation where a woman decides to evict her husband from a living space that is not her personal property, it is necessary:

provision of certificates confirming the beating;
evidence from neighbors who confirm that the man has not lived in this living space for a long time;
non-payment of utility bills;
frequent calls to the ambulance and the police - if a man commits unlawful acts;
eyewitness accounts that the husband led an antisocial lifestyle, there was constant drinking and drug use.

If, despite frequent calls, the police do not react in any way to the man’s behavior, you need to contact the prosecutor’s office for help. It is important when filing a claim in court to have factual evidence, preferably documents that confirm for what reasons the spouse should be evicted.

Eviction options

Today there are 2 options for eviction of an ex-spouse from an apartment:

Voluntary;
Forced.

In the first case, they say that the spouses were able to come to an agreement among themselves and determined the time period for how long the husband could still live in the apartment before the final eviction. If he agrees to the conditions offered to him, the process occurs peacefully and calmly.

The forced option works if agreement is not reached between the former partners. In such a situation, you have to go to court and resolve this issue with the help of the law. If the spouse is not registered in the housing, you can resort to the help of the police or the district police officer - with them you can give your ex-spouse things.

When evicting a spouse from a living space, you should not use such a measure as throwing his things out onto the street. This is considered property damage and can also be assessed in court. For everything that happens to a person’s belongings thrown out of the apartment.

Possible mistakes

You should not consult with relatives in making such a responsible decision as evicting your husband from the apartment

It is unacceptable to use blackmail. You need to understand that this person was once your favorite, and you must treat him with respect. If a woman stoops to threats and begins to put pressure on the weaknesses of her ex-partner, she is acting immorally.
You cannot harm your spouse in any way. Whatever emotions overwhelm you, you must contain them. Don’t even think about damaging his clothes or documents.
It is unacceptable to involve family and friends in your divorce process. A woman must figure everything out on her own. You don't need to listen to anyone's advice.
Kick your husband out of the apartment without warning, even if it is your own. This will be vile, especially if the man does not even realize that they want to divorce him. If you see that you cannot continue to live with this man, then you must offer him some alternative option or at least inform the man in advance so that he can figure out where to move.
If a girl has made a decision, she is ready to get a divorce and never see her husband in her apartment again, then you should not maintain a romantic relationship, much less agree to sex.

A woman should treat her husband humanely, have a heart-to-heart talk with him, explain her position, find out her husband’s opinion and tell him hers.

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.

How to get over a breakup

Your soul will be sad, but you must burn all bridges and continue to enjoy life

No matter how much a woman wants to kick her husband out of the apartment, she will still experience pain and sadness after he finally leaves. After all, this is a man whom she loved very much, with whom she planned to live her whole life. This man became like family to her. What to do, how can it be easier to cope with the pain of loss?

Burn all your bridges. In such a situation, it is better not to agree to remain friends. Let your relationship be business, but not friendly, even if there is joint activity. It’s good if you can get rid of all the things that remind you of your spouse. It’s better to rearrange the apartment or start renovations.
A woman who turns her husband out should not feel guilty. Especially if she is left alone with the children.
Now you have more free time, devote it to yourself, go to a beauty salon, visit a massage, sign up for a dance class or a gym.

Now you know how to kick your husband out of the house. Remember that you cannot drive a person out onto the street, no matter how low he sinks. But you shouldn’t endure beatings or constant drinking, especially if they happen in front of children. When dealing with an eviction issue, enlist the help of an experienced lawyer who has experience in such cases.

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.

Nuances and difficulties of evicting an ex-husband:

Above, we examined the general provisions for eviction of a spouse with whom the marriage relationship has been terminated from housing. Now it is necessary to consider the features of some of the most common situations.

From a council apartment

It is worth understanding that a municipal apartment is the property of local authorities, so you cannot simply discharge your spouse at will; you must go to court, as well as to the municipality. Let's consider two options.

Ex-husband is registered

In this case, it is quite difficult to evict the husband if he does not violate the duties of the tenant, since the state protects the constitutional rights of citizens to housing. You can contact local authorities and draw up an application for the allocation of two separate residential premises, but in practice this is almost impossible to achieve. The best solution to the problem would be to resolve the dispute voluntarily.

Not registered

Here the situation is much simpler. You can read in detail about how to evict a person who is not registered in it and who is not the owner from an apartment here. After all, the ex-husband is no longer a member of the family and is actually a stranger.

From a privatized apartment

It is in this case that the most important question is whether the ex-husband is the owner of at least part of the apartment. Let's consider both options.

Owner

If the ex-spouse is the sole owner of the apartment, and it was purchased before marriage or received as an inheritance (regardless of the time of inheritance), then there is absolutely no chance to evict the former lover. If the husband is a co-owner of the apartment with his ex-wife, or the apartment was purchased during marriage and, by a court decision (or personal agreement), was divided between the spouses, then the husband can be evicted from the apartment only if his share is bought out from him.

At the same time, it does not matter whether the husband is registered in the apartment or not - in Russia the inviolability of private property is ensured, and no one can be deprived of it except in cases provided for by law (confiscation, sale at auction to pay off debts, etc.).

Not the owner

If the husband is not the owner of the privatized apartment, then the court can make a decision to evict him. Regardless of whether he is registered in the apartment or not, after a divorce he loses the right to use residential premises belonging to his ex-wife, since he actually ceases to be a member of the family.