Statement of claim for eviction of a former spouse from a residential premises (sample) 2021

Grounds for eviction

The loss of family ties in itself is grounds for eviction, but in a specific situation is it possible to kick a former spouse out of the apartment? Let's consider cases when it is possible to discharge a former spouse, and when this would be contrary to the law.

Can't evict

A spouse cannot be evicted from a residential premises in the following cases:

if the apartment belongs to him by right of ownership and was acquired before marriage;
if a share in an apartment acquired during marriage belongs to the ex-husband;
if he is a tenant of a municipal apartment before marriage;
if he is a user of official housing, to which the spouse does not have rights.

Eviction possible

You can evict an apartment if the owner is a spouse, children or third parties, and the former spouse was simply registered in it or lived without registration at all. Difficulties with eviction of such a person can arise only in cases where:

he is disabled;
he is declared incompetent.

Although such eviction is possible, it will require the involvement of not only the justice authorities, but also the guardianship authorities.

You can read more about the grounds for kicking your ex-husband out of the apartment in this article.

Defendant in a claim for eviction of a former family member of the owner

The Housing Code of the Russian Federation stipulates the conditions for moving in and living in residential premises for family members of the owner or tenant of the residential premises. There is a clearly defined circle of people. And there are certain criteria for classifying a person as a family member. To recognize the right to use housing, it is necessary that the person be moved into the residential premises belonging to the owner as a family member.

According to Article 31 of the Housing Code of the Russian Federation, former members of the owner’s family include citizens with whom family relations were terminated. Accordingly, the termination of family relations between spouses should be understood as the termination of marriage. This could also be deprivation of parental rights, cancellation of adoption, etc.

Refusal to maintain a common household of other persons with the owner of the residential premises, lack of a common budget or common household items between them and the owner, failure to provide mutual support, leaving for another place of residence, etc. circumstances may indicate the termination of family relations with the owner of the premises. But the court will evaluate them in conjunction with other evidence. The issue of recognizing a person as a former family member of the owner of a residential premises is decided only taking into account the specific circumstances of each case.

How to file a claim

The statement of claim for the expulsion of the ex-husband from the home is drawn up in writing. At the same time, there are no requirements regarding whether it will be a handwritten text or typed on a computer. The main thing is that the judge can read it easily. If the handwriting is illegible, then the court may generally refuse to accept such a document.

When drawing up a claim, a certain structure must be followed. Let's take a closer look at it.

Introductory part

At the very beginning of the application, in the upper right corner, the following information is indicated:

the exact name of the court where the application is being filed;
personal and contact information of the plaintiff;
the most accurate and voluminous data of the defendant;

The name of the claim should be located in the center. It is determined by the requirements that are stated.

Descriptive part

In this part it is necessary to set out all the circumstances of the dispute, namely:

who owns the apartment;
when the marriage was concluded and dissolved;
whether the spouse was registered in the apartment;
whether there was an attempt at pre-trial reconciliation;
why the spouse does not want to move out of the apartment;
whether there are children, with whom they live after the divorce;
whether there was a division of property during the divorce, whether the apartment was divided, whether the court decision on this entered into legal force.

Often, ex-spouses do not maintain good relationships, however, despite all the existing personal disagreements, you should not be overly emotional in describing the controversial situation. Adhere to a formal business style of presentation.

The operative part

Here it is necessary to summarize the descriptive part, that is, to put forward your requirements. They can be like this:

recognize the ex-husband as having lost the right to use the apartment (if he was registered in it);
evict the defendant from the apartment.

Both of these requirements can be put forward, it all depends on the specific situation. It is worth remembering that each claim must be supported by references to legal acts and documents.

Final part

This part lists all the documents attached to the claim and their number, and indicates the witnesses whom you want to summon to court.

At the end, the personal signature of the plaintiff and the date of drawing up the document are placed.

The application is drawn up in three copies - to the court, to the plaintiff and to the defendant.

Execution of the decision on eviction

Article 31 of the Housing Code of the Russian Federation establishes the condition for the possibility of retaining the right to use housing for a former family member for a certain period. This is possible for a certain period of time. And only if the former family member does not have rights to other living quarters (as well as the financial ability to provide himself with other housing).

The court may give the defendant a period of time to find other housing. During this period, the person will use the disputed apartment or house. Typically this period is set within 3-6 months. After this period, the defendant is subject to eviction. This can also be done forcibly with the participation of bailiffs. For this purpose, the writ of execution (application for the issuance of a writ of execution), together with the application to initiate enforcement proceedings, is sent to the specified service.

In contrast to the requirements in a claim for the eviction of a temporary tenant, filing a claim for the eviction of a former family member of the owner simultaneously pursues 2 goals: to confirm the lack of right to use the housing and to ensure that such a person leaves the apartment.

Documents attached to the statement of claim for eviction of a spouse

In order to confirm the validity of your demands to evict your ex-spouse from the apartment, you must submit the following documents to the court:

plaintiff's passport;
documents on ownership of the disputed real estate;
social rental agreement;
certificate of divorce;
children's birth certificates;
apartment card;
certificate of payment of state duty;
other documents confirming your requirements (court decision on division of property, inheritance, etc.).

Documents are provided in copies, but originals may be required at the court hearing. The court may also request other documents that can confirm or refute the testimony of the parties to the legal dispute.

How to properly file a lawsuit to evict your ex-spouse

The most correct step when drawing up a statement of claim for eviction is to seek help from lawyers. This will avoid possible mistakes and, accordingly, delaying the eviction process.

Of course, this procedure is not free; assistance in drawing up documents will cost, depending on the region, from one to several thousand rubles. But if a clause is added to the claim requiring the defendant to recover all the plaintiff’s legal expenses, ultimately, in the event of a positive court verdict, all the plaintiff’s expenses will be reimbursed by the defendant.

The plaintiff can draw up a claim on his own; to do this, it will be necessary to understand some of the nuances and legal subtleties necessary to draw up a statement of claim.

The most correct way would be to compile the document in electronic form. In this case, the plaintiff will be able to quickly make the necessary amendments and changes, add necessary items and delete unnecessary ones.
It is necessary to adhere to the template, that is, you cannot skip any points or change their places.
The document must be drawn up in legally competent language, without the use of slang words, offensive definitions, spelling or legal errors are unacceptable.

If these rules are not followed, the court may either not accept the claim for consideration at all, or return it for revision and correction, in which case the eviction process may be delayed.

How to file an eviction claim (algorithm):

Decide exactly what claims you want to make and how legal they are.
Find an application form or a sample. You will find a sample of filling out a statement of claim to evict a former spouse below.
Draw up a statement of claim, following the prepared template. It must be remembered that the sample document only shows an example of what the claim should look like; you must draw it up based on your specific situation.
It is necessary to indicate information about all participants in the process: the judicial body to which you are submitting the application, the plaintiff and defendant, as well as third parties whose presence in the process will be necessary.
Attach the required documents, listing them in a numbered list.
At the end of the statement of claim, you will need to put the date of filing the claim and sign (with the obligatory decoding of the signature).

It is advisable not to put a date, but to leave space to fill it in manually. This is necessary in order not to reprint the document several times if for some reason you are unable to transfer the package of documents on a certain day specified in the claim.

You can also fill out the statement of claim manually, on a simple sheet of A4 paper. But you need to remember that for the court you will need several copies of the document, each of which should not have any blots or strikeouts, the document must be filled out in black or blue ink.

What information should be present

When drawing up a statement of claim, you must provide the following information:

About the judicial body to which the claim will be filed (name and address).
About the applicant (full name, residential address, passport details).
About the defendant (everything known to the plaintiff).
About third parties who are somehow interested in one or another outcome of the court hearing (family members, other persons registered or living in the disputed residential premises).
About the situation existing at the time of filing the claim. Here it is necessary to point out all the nuances related to the disputed residential premises. List on what basis the defendant received the right to use the apartment and for what reasons he lost this right. Indicate attempts to pre-trial resolve the dispute.
About the place of registration of the defendant.
This should be followed by information on the basis of which the plaintiff has the right to demand the eviction of the defendant, with a list of articles of legislation indicating this right.

Required documents

A number of documents must be attached to the statement of claim for eviction of a former spouse, namely:

certificate of divorce, this document will confirm that the marital relationship between the plaintiff and the defendant has been terminated;
title documents for residential premises (certificate of ownership, gift agreement, document on inheritance, etc.);
receipt of payment of state duty;
a power of attorney to represent the interests of the plaintiff in court, if his interests are represented by a lawyer or another person entitled to do so;
copies of the statement of claim according to the number of participants in the process.

The receipt for payment of the state duty is submitted in the original, all other documents - in copies. But at the court hearing, the plaintiff will have to bring the originals of all documents attached to the claim for the court’s review.