Can the owner of the house, the father-in-law, discharge his daughter-in-law with the child?

Can a property owner sign out a registered relative?

The owner of the property can dispose of it at his own discretion. Alienate the ownership of other citizens or transfer to other persons the rights of ownership, use and disposal of their property, while remaining the owner. When the need arises to register a citizen, it is important to take into account the desire of the person registered, his degree of relationship with the owner and the fact of residence.

If the wishes of the owner and the registered citizen coincide, then everything is simple. The registered person collects documents and applies for deregistration to the Main Department of Migration Affairs of the Ministry of Internal Affairs or fills out an application electronically on the State Services website.

If a citizen does not agree to voluntarily be discharged or his whereabouts are unknown, he should go to court (clause 1 of article 35 of the RF Housing Code and subclause 5 (e) of clause 31 of Government Resolution No. 713 of July 17, 1995).

What laws regulate the procedure for registration and deregistration of citizens:

1. Decree of the Government of the Russian Federation dated July 17, 1995 No. 713 “On approval of the Rules for registration and deregistration...”. Extract and registration of citizens at the place of stay or residence.
2. Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984 “On approval of the Administrative Regulations...”. The procedure and timing for consideration of citizens' requests for the provision of public services for registration of citizens of the Russian Federation.
3. Part 4 art. 31 Housing Code of the Russian Federation. If family relations with the owner of the premises are terminated, the former member does not retain the right to use this premises, unless otherwise provided by agreement.
4. Clause 2 art. 292 of the Civil Code of the Russian Federation. If ownership of an object is transferred to another person, the right to use the premises of family members of the previous owner is terminated, unless otherwise provided by law.

Can the owner of the house, the father-in-law, discharge his daughter-in-law with the child?

Good afternoon. Can the owner of the house, the father-in-law, discharge his daughter-in-law with the child?

Lawyer Antonov A.P.

Good afternoon

Deregistration (“extract”) without the consent of a person is possible only if this person does not have a share in the ownership of the apartment. But even in the absence of a share, this is only possible in court if there are the following grounds (clause 31 of the Decree of the Government of the Russian Federation of July 17, 1995 N 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within Russian Federation": Removal of a citizen from registration at the place of residence is carried out by the registration authorities in the event of: a) change of place of residence - on the basis of a citizen’s application for registration at a new place of residence or an application for deregistration at the place of residence (in writing or in the form of an electronic document). When registering at a new place of residence, if the citizen has not de-registered at his previous place of residence, the registration authority is obliged to send a corresponding notification to the registration authority at the citizen’s previous place of residence within 3 days to deregister him; ... d) recognition as missing - on the basis of a court decision that has entered into legal force; e) death or declaration of death by a court decision - on the basis of a death certificate issued in the manner prescribed by law; f) eviction from an occupied residential premises or recognition as having lost the right to use residential premises - on the basis of a court decision that has entered into legal force; g) detection of untrue information or documents that served as the basis for registration, as well as unlawful actions of officials when deciding the issue of registration - on the basis of a court decision that has entered into legal force; h) changes by the citizen specified in paragraph 26(1) of these Rules of nomadic routes, as a result of which such routes began to pass beyond the boundaries of the municipal district at the address of the local administration of the settlement of which he is registered at the place of residence - based on the citizen’s written application with the attachment of a document confirming that the citizen maintains a nomadic and (or) semi-nomadic lifestyle; ... j) revealing the fact of fictitious registration of a citizen at the place of residence in the residential premises in which this citizen is registered - on the basis of a decision of the registration authority in the manner established by the Ministry of Internal Affairs of the Russian Federation. According to Art. 54 of the Family Code, a child is a person who has not reached the age of eighteen years (the age of majority). Every child has the right to live and be raised in a family, as far as possible, the right to know his parents, the right to be cared for by them, and the right to live together with them, except in cases where this is contrary to his interests. A child has the right to be raised by his parents, to ensure his interests, comprehensive development, and respect for his human dignity. In the absence of parents, in the event of deprivation of their parental rights and in other cases of loss of parental care, the child’s right to be raised in a family is ensured by the guardianship and trusteeship authority in the manner established by Chapter 18 of this Code. Thus, forced deregistration of only a minor child of the owner is not allowed. This restriction does not apply to other persons.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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How can an owner expel a registered relative from an apartment?

Family members of the owner of the residential premises have the right to use this premises. According to paragraph 1 of Art. 31 of the Housing Code of the Russian Federation - family members of the owner include the spouse, children and parents, as well as other relatives, if they are declared by the owner during registration as members of his family (grandfather/grandmother, brother/sister, grandson/granddaughter, son/daughter-in-law, mother-in-law/ father-in-law)

They are not family members of the owner - uncle/aunt, nephew/niece, cousin/sister, common-law husband/wife, friend, acquaintance, stranger.

Write out your spouse or ex-spouse

1. The apartment was purchased before marriage, received by inheritance or as a gift:

• If the marriage is not dissolved and family relationships are terminated and one of the spouses does not live at the place of registration, you can agree with him on deregistration. If it is impossible to reach an agreement, an extract through the court.
• After a divorce, the spouse who is not the owner of the apartment loses the right to reside in the apartment and can leave voluntarily. Otherwise, the spouse-owner files a claim in court to terminate the rights to use the residential premises. When a positive court decision comes into force, the plaintiff needs to bring a copy of the decision to the passport office and the defendant will be discharged. The defendant has lost the right to use the apartment and does not have the right to be in the apartment without the consent of the owner (clause 2 of article 30 of the Housing Code of the Russian Federation). All that remains is to pack your things and move out.

1. The apartment was purchased during marriage:

• Even if the ex-wife is not the title owner, the apartment is considered the common property of the spouses (Clause 2 of Article 34 of the RF IC) and according to the law, “half” belongs to the ex-wife. But the owner of the property cannot be written out, even if he does not live in it (Clause 1, Article 209 of the Civil Code of the Russian Federation). In this case, it is better to divide the property.

Write out your daughter-in-law or son-in-law

Let's look at how to discharge this category of citizens, using the example of deregistering a former son-in-law. If the former son-in-law does not want to check out on his own, the owner of the apartment files a claim in court.

It is important to consider how the owner indicated his daughter’s spouse when registering.

If recorded as a son-in-law or husband of a daughter, then this citizen is a member of the family. After divorce, family relations cease and the son-in-law, as a former family member, does not retain the right of residence.

In the case where the son-in-law is not registered in any way, it means that the owner registered him as an outsider and has the right to terminate the agreement for gratuitous use at his own request (Clause 1 of Article 699 of the Civil Code of the Russian Federation).

Discharge of a minor child

Legislation protects the housing rights of minor children. According to paragraph 2 of Art. 20 of the Civil Code of the Russian Federation - the place of residence of minors is the place of residence of their legal representatives. The main conditions for the discharge of minor children are:

• A child can only be discharged together with one of the parents.
• The parent who needs to be discharged along with the child is not the owner of the apartment.

The owner of the apartment will not be able to sign out his minor child, even if the parents are divorced and the child lives with the other parent at a different address.

Extract from parents' apartment

The mother or father can be discharged in the following cases:

• Parents do not live at the place of registration for a long time. Here it is important for the owner to prove that the person registered has another living space. If the person registered proves that he has nowhere to live, the judge may make a decision - to retain the right to use the apartment for a certain period. At the end of the term, this category of citizens is discharged by court decision.
• Parents are deprived of parental rights. The court may oblige the parent deprived of parental rights to vacate the apartment, even if he is its owner.

If they voluntarily consent to discharge, the parents submit an application to the Main Migration Department of the Ministry of Internal Affairs.

Discharge of other relatives

Aunts, uncles, grandmothers, grandfathers, cousins ​​and second cousins ​​are discharged voluntarily, or the owner discharges them by court decision. In this case, the owner must indicate in the statement of claim that a citizen of this category of relatives is not a family member.

How to secure your apartment from your daughter-in-law?

Currently, many parents are asking the question about the safety of their children’s property (especially real estate) in the event of a divorce. If you are faced with this, then it is useful to know what options for the development of events may exist.

Can a daughter-in-law claim her son’s apartment?

If the son had an apartment before the wedding, then there is no need to worry, since it will be considered his personal property, which the son’s wife has no right to claim.

If the apartment was donated to the son after the marriage was registered, he accepted it as an inheritance, or acquired ownership of it through other gratuitous transactions, then the apartment will be considered exclusively his personal property.

IMPORTANT! If during the marriage the spouses used common funds to make repairs or make other investments that significantly increase its value, then it can be recognized by the court as joint property and, therefore, will be divided between the daughter-in-law and son into equal shares.

How to discharge an ex-daughter-in-law?

1. If the daughter-in-law’s registration was formal and she did not live in the apartment, the basis for deregistration is living at a location other than her place of registration.

2. In order to evict an unregistered daughter-in-law from an apartment, you need to go to court with a claim to evict her, as she does not have the right to live in this living space.

3. If the marriage between a daughter-in-law and a son is dissolved, the basis for deregistration will be that she is not a family member.

4. It is more difficult to discharge a former daughter-in-law with a child. If the ex-wife has another living space, the court may discharge the woman along with the children. In the case where there is no other living space, court decisions vary, depending on the specific case.

There are other options that can be used based on the current situation. You can read one of the difficult cases of forced deportation from an apartment on our website.

How to secure your apartment from your daughter-in-law?

Does your daughter-in-law want registration, apply for or demand an apartment?

You can secure your son's future

and save money if you know what to do in advance.

When registering a marriage and after it, your son can enter into a marriage contract

, which will contain a condition determining that the daughter-in-law does not have legal claims to the apartment during a divorce.

You can draw up a gift deed

apartment for my son and have it certified by a notary.

IMPORTANT! This agreement must contain the signature of the son’s wife, indicating that she has read it. This will prevent your daughter-in-law from challenging the agreement in court.

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How to discharge a registered person through the MFC

The easiest way to check out of an apartment is through the MFC. Reception and verification of documents occurs in one window and takes no more than 15 minutes. To do this you need:

• pre-register online or by phone at the MFC;
• submit documents and passports to perform the service;
• receive passports with a stamp confirming registration actions.

The citizen is discharged independently; the presence of the home owner is not required. If, along with the extract, a citizen wants to register at a new address and he is not the owner of the property there, then it is necessary to provide the consent of the owners of the property at the new place of registration.

To simultaneously deregister and register, you must provide the following package of documents:

• applicant's passport;
• application for registration;
• application for deregistration;
• title documents for housing at the new place of registration (in the case where the applicant is the owner);
• owner's consent to registration (if the applicant is not the owner).

Application for registration at the place of residence (form No. 6) was approved by Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984. The application indicates the following information:

1. applicant details:

• FULL NAME;
• Date of Birth;
• Place of Birth;

1. Information about:

• previous place of residence;
• new registration address;

1. information about the owner of the property;
2. document that serves as the basis for moving in;
3. signatures:

• the owner who provided the premises;
• registered resident.

Sample application for registration at place of residence

Sample application for deregistration at the place of residence

Deadlines for registration of citizens

When citizens apply in person to the MFC with a complete package of documents and no comments, the application is processed in approximately three days, plus two to three days for sending documents from the MFC to the Ministry of Internal Affairs and back. MFC employees will tell you when to come for the completed documents. These services are provided free of charge.

Under what circumstances are property owners powerless?

Recognizing your son's wife as a family member is an extremely difficult issue for parents who are accustomed to established family relationships and are completely unprepared for third parties to appear on their territory.

But this is how life develops that young people create new units of society in order to live in love and have children. If it is not possible to live together, an official divorce occurs, then the parents have the question of how to expel their daughter-in-law from their apartment.

At the same time, they may encounter a case where this issue cannot be resolved even through the courts.

Having a child

The appearance of a child in a family is always a wonderful event; in the event of a divorce, in most cases, he remains with his mother. According to the Housing Code of the Russian Federation, it is impossible to deprive a young child of a place of residence or registration until he reaches adulthood, even with the great desire of the owner.

When a person can be recognized as having lost the right to residential premises - watch this video:

The mother has the right to live with the baby if she has nowhere to take him or the living conditions that she can offer him are much worse than the existing ones.

The situation is even more complicated if the child has a share in the apartment, then the mother, as a member of the family of the owner - the child, has the right to live with him. In this case, no court will help evict her, since the court will primarily take into account the interests of the child.

Controversial issues with deed of gift

In this case, the son’s family can come up with all sorts of combinations so that the ex-daughter-in-law is left with nothing, especially if the son’s parents have fully provided the place of residence for the young family.

For example, when my son got married, an apartment was taken out on a mortgage and the loan was closed in a timely manner. After receiving ownership of the property, the father issued a deed of gift for his son. But the children, who already had a child, decided to get a divorce, then the son gave the property to his father, and he himself checked out of the apartment.

According to the law, in this case, neither the child nor the mother has any reason to live in the living space. Since none of the child’s parents are registered there, which means the mother has no opportunity to stay with the baby.

Important: such a case is 100% winning in favor of the son’s parents, unless the daughter-in-law proves otherwise.

She can win this case if she files a counterclaim in court alleging that the family deliberately pulled everything off in order to put her and the baby on the street.

Then the court will invalidate the second gift agreement and leave the right of ownership to the child’s father, which means the baby has a reason to live there with his mother.

Here you can find out when the donated apartment is returned according to the law.

How are such issues resolved in court? Photo: goodhousekeeping.com

Lease agreement

If, when registering a daughter-in-law in his home, the owner enters into a rental agreement with her so that she will not be able to claim the property in the future, then he must indicate in it the rental period for the apartment.

Otherwise, the following situation will arise:

• daughter-in-law signs a rental agreement;
• then divorces his son;
• his parents file for eviction;
• however, the tenancy agreement is indefinite, which means, according to the law, it is valid for 5 years, during which it is impossible to evict her.

What is the way out of the situation?

If it is impossible to evict the daughter-in-law according to the court decision under the existing circumstances, you can change them, for example:

• draw up a deed of gift for an apartment to a third party, who will already be able to evict citizens who are not his relatives;
• Also, the reason for the eviction of the former daughter-in-law may be her failure to comply with living standards or refusal to pay for utilities;
• the presence of immoral behavior or bad habits;
• leave the child in your family, that is, obtain guardianship over him.

When, after registration, it is impossible to evict a person from an apartment, here you can find out everything on this issue.

Deregistration at the place of residence through State Services

To receive a service through the “State Services” portal, you must be registered on this site and complete the following steps:

1. go to the State Services website;
2. click on the “Registration at your place of residence” section;
3. select the required service:

• registration of a citizen at the place of residence;
• registration of a citizen at the place of residence;
• deregistration at the place of residence;
• deregistration of a citizen at the place of residence;

1. fill out an application electronically;
2. send an application;
3. wait for the results of its verification;
4. At the appointed time, visit the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs and obtain documents.

How to discharge a relative through the court

A problematic situation arises when a living relative refuses to check out and vacate the living space. You can discharge a relative without his consent through the court.

Step-by-step instruction

Deregistration without consent through the court:

1. Prepare a statement of claim and a package of documents.
2. Notify the defendant of the upcoming trial. Documents must be sent by a valuable letter with a list of attachments.
3. Submit a statement of claim and other documents to the court. Contact the court at the location of the property.
4. Receive a determination on the date of the preliminary hearing.
5. Come to the preliminary meeting. At the preliminary hearing, the judge listens to the parties' demands and reviews the submitted documents.
6. Receive a summons for a court hearing.
7. Take part in legal proceedings. The judge will announce the requirements of the claim, listen to the parties, testimonies of witnesses, and ask questions for clarification.
8. The court's decision is announced.
9. Pick up the court decision from the court office.
10. We are waiting for the decision to come into force.
11. We submit an application to remove the defendant from registration.

Documents for going to court

Basic package of documents for going to court:

• statement of claim - the number of copies according to the number of participants in the case;
• document confirming ownership;
• document - the basis for the emergence of rights;
• certificate of registration;
• passport;
• receipt of payment of state duty.

Statement of claim for termination of the right to use residential premises and deregistration

The form and content of the statement of claim must comply with the norms of Article 131 of the Code of Civil Procedure of the Russian Federation. The statement of claim must be submitted in writing, with the obligatory indication of the following information:

1. name of the court;
2. plaintiff's details;
3. information about the defendant:

• Full Name;
• Date and place of birth;
• location;

1. the circumstances on which the plaintiff bases his claims;
2. evidence confirming these circumstances;
3. list of submitted documents;
4. date of compilation and signature.

Sample statement of claim for termination of the right to use residential premises and deregistration

State duty and deadlines

The state fee when filing a claim is three hundred rubles. The case is considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court. Court decisions come into force after the expiration of the period for appeal.