What do you need to know in order to remove your ex-spouse from your apartment after a divorce?

Permanent or temporary registration at a specific address in a city or rural locality allows a Russian citizen to have the following advantages over unregistered persons:

1. Use free services of medical institutions and educational institutions for children.
2. Receive benefits and benefits.
3. It is much easier and faster to find a job.
4. Receive services from government bodies, which include the Civil Registry Office.

In this regard, the opportunity to use government services not in the territory of residence, in particular, to obtain a divorce not based on registration, is fraught with difficulties, and in some cases is completely unacceptable. Russian law authorizes two government bodies to deal with divorce cases: the registry office and the court. The nuances of dissolving a marital relationship other than the official place of residence in each of these authorities will be described in detail below.

Features of divorce outside the place of registration

Through the registry office

The divorce process consists of a clear sequence of actions, which is enshrined in law. Every citizen who wants to end unpleasant family relationships with his wife or husband and gain freedom from fulfilling marital obligations must go through it. Knowing how to properly get a divorce at a state registry office other than your place of registration will help you save time, effort and money spent on traveling and collecting documents.

So, in brief, the divorce algorithm is as follows:

1. Cases are clarified when a marriage union concluded between spouses can be terminated through the state registry office and what documents are needed for this.
2. The registry office authorities that have the legal right to divorce spouses are determined.
3. The necessary documents are prepared and methods for submitting them are figured out.
4. The documents are submitted and the day on which the marriage will be terminated is determined.
5. The divorce is registered at the registry office, and former marriage partners receive divorce certificates.

If the marriage partners agree to amicably separate and, at the same time, they do not have at least one minor child in common, then they can submit documents for the termination of the marriage through the state registry office.

In which state registry office can the end of a marital relationship be formalized? The law distinguishes 2 categories of these bodies:

1. Located in a locality in which both or one of the marriage partners are registered.
2. Located in the locality where the official marriage took place and family relationships were registered.

This means that a divorce outside your own place of residence is allowed only when:

• The spouses are registered in different cities;
• Both spouses are registered in the same city, but the family union was not registered at the place of residence of the initiator of the divorce.

It should be noted that neither the presence of temporary registration in the city, nor, moreover, the actual residence in it, does not give the right to demand a divorce in the civil registry office of a given city.

The list of required documents in case of mutual divorce is uniform and unchanged and includes:

• A receipt proving payment of the duty.
• Both spousal passports.
• An application drawn up in the prescribed form.
• Marriage certificate.

The law allows three ways to transfer the necessary documents:

1. Using the capabilities of the State Services website. The most optimal way to send papers over long distances, which is available anywhere there is Internet access. You can also pay the state fee there on the website. One of the disadvantages of this method is the need to purchase an enhanced electronic signature for each spouse, without which it is impossible to send a package of collected digital documents.
2. MFC. Thanks to it, you can send divorce documents, for example, from Yekaterinburg to Volgograd, without coming to the Volgograd registry office. The application with attachments is submitted to the MFC employee in the presence of both marriage partners or one of them, but then the signature of the absent spouse must be notarized. In addition, it is unacceptable to involve a representative in submitting documents. In other words, divorce documents can only be submitted in person.
3. Bring the documents in person to the registry office of another city. The rules for filing are absolutely identical to the rules for filing papers using the MFC, i.e. the personal presence of the spouses or one of them is required, a ban on representatives is established, and notarization of the signature of the absent marriage partner is required.

On the day determined by the civil registry office employee or the spouses (at least one month after the divorce documents are served), the termination of the marriage is formalized.

In the personal presence of one spouse or both of them, the civil registry office employee makes sure that the decision of the husband and wife regarding the now inevitable separation is unshakable, enters the necessary information about the divorce into a special book and presents the now ex-spouses with a certificate of termination of the marriage.

The differences between a divorce initiated at the sole request of a spouse and a mutual dissolution of marriage are indicated in the table.

Otherwise the procedures are identical.

Through the court

Possible places to file a claim:

1. 
   At the permanent registration address or at the temporary registration address, or even at the actual residence address of the defendant. If the applicant does not know exactly where the defendant is located, several addresses can be indicated in the statement of claim to which subpoenas will be sent.

2. At the permanent registration address of the plaintiff, when medical documents confirm that he is seriously ill, as well as if he has a dependent minor.
3. In any Russian court by agreement between the spouses.

From this we can conclude that in the case of termination of marriage through the court, the law allows for a wider variety of possible places for divorce.

Next, the applicant must determine which court (magistrate or district) can resolve his case. To do this, it is necessary to have an idea of ​​the competence of each court.

There are two ways to submit documents for consideration by a judge:

1. Via the Internet using the State Automated System “Justice”. To access the service, you must have an account on State Services and confirm your account. Information on how to verify your account can be found here.
2. Submit in person through the civil office or through the court reception.

Judges usually send extracts from court decisions on divorce to the state registry office indicated on the marriage certificate. In other words, to the registry office that registered the family relationships of marriage partners. To avoid this, it is necessary to submit a petition at the meeting and ask the court, if a positive decision on divorce is made, to send an extract to the state civil registry office at the place of official registration of the petitioner.

The marital union will be dissolved after the relevant court decision acquires the force of law. An extract from it is sent to former marital partners by mail, if they have submitted a request for this, or is collected through the court office in person.

Next, the former spouse must pick up a certificate of termination of marriage from the state civil registry office that registered the dissolved marital union or is located at the place of residence of one of the spouses.

Documents that need to be provided for this procedure include:

• Application in the prescribed form.
• State duty check.
• Marriage certificate.
• Applicant's passport.
• Court transcript.

Documents are sent digitally through the State Services website, brought in person or by a representative holding a notarized power of attorney. It is not necessary to submit a joint application, so each former spouse has the right to prepare their own copy of the documents.

Once the documents have been verified and their validity has been established, the civil registry officer will produce a copy of the divorce certificate and give it to the applicant. All this usually happens on the day the application is submitted.

Conditions for the ex-spouse's discharge

The law regulates the procedure for deregistration at the place of residence of former family members. After the dissolution of the marriage, the husband and wife are no longer considered family members.

If the issue of division of property and deregistration has not been resolved earlier (nuptial agreement, marriage contract), then now is the time to resolve it. Deregistration directly depends on the rights to residential premises. The object can be:

• wife's personal property;
• personal property of the husband;
• common property of spouses;
• privatized housing;
• provided under a social tenancy agreement.

Basic principles of property division

If the parties to the marriage did not draw up a marriage contract, then the marital property is divided based on the provisions of a notarial agreement on property or on the basis of a court decision.

The legal features of the agreement (a sample can be viewed here) include:

1. 
   A ban on the inclusion in its text of personal belongings (clothing, cosmetics, shoes, donated, premarital or inherited property) of spouses. In other words, by agreement it is allowed to divide only common property acquired jointly and in a marital relationship.

2. The shares are determined arbitrarily by the spouses, according to an agreement reached between them.
3. The document is certified by a notary.
4. Debts are divided by agreement and not necessarily equally.

If there is no agreement, then the court comes into play and uses the following rules when dividing:

• Joint property is subject to division. It refers to movable and immovable things acquired during marriage, labor and other income, royalties for intellectual works, shares in organizations, shares, bills and other securities, bank deposits, benefits, pension payments.
• Each spouse's share is 50%. The share of one of the participants in the marriage can be reduced if he did not invest effort and resources in providing for the family, squandered property, or suffered from alcoholism. If the shares are not equal, then the spouse with the larger share gives the difference in money or property to the other partner.
• Debts are divided according to the awarded shares.
• Assets acquired during a marriage by one of the spouses, but during the separation of the partners, when they did not maintain a common household, cannot be divided and are considered the personal property of the spouse.

If the participants in a family relationship decide to simplify a possible divorce for themselves and draw up a marriage contract, then the assets described in it are divided according to its terms. The subject of this agreement can be any property that belongs to a party to the contract. This means that, according to the contract, the husband has the right to give his wife in the event of a divorce, for example, the apartment he inherited.

The only important thing is that the contract does not infringe on the property rights of one of the parties to the marriage. Infringement means, for example, the absolute deprivation of any party of the right to receive property acquired in official relations or unfavorable conditions that must be fulfilled in favor of the other party.

The contract is signed in the presence of a notary and certified by him. It can be concluded both in the premarital period and after the official marriage until the day of divorce. A sample for reference is available at this link.

From his apartment

If the spouses lived in a residential building, which is the personal property of the husband and the woman does not have ownership rights to the property, then it is impossible to deregister.

The law allows registration only with the consent of the owner. And removal from it is on one’s own initiative or by a court decision at the request of the owner.

Thus, a woman cannot expel her ex-husband from the apartment, which is his personal property.

List of documents for filing a claim

Below is a list of documents that can be filed with the court in cases where spouses not only get divorced, but also try to resolve disputes regarding alimony, marital property and the place of residence of children.

1. A statement describing the claims. Sample samples can be viewed here or here, as well as here.
2. Marriage contract.
3. Information confirming the defendant’s level of earnings (certificate from the employer, witness statements). It will be required if the plaintiff wants to receive alimony payments from the other side.
4. Property division agreement.
5. Documents for children (birth certificates).
6. Marriage certificate.
7. Inventory of property assets belonging to spouses and subject to division.
8. Documents for housing (lease agreement, certificate of ownership). They are necessary if the spouse wants to keep the child with him after the divorce.
9. Appraiser's report.
10. Evidence of the impossibility of further life together with the defendant due to his infidelity, alcoholism, beatings, etc. This may be testimony; certificates from medical organizations or police; administrative protocols; criminal record certificates; information from correspondence via email, instant messengers or social networks.
11. Characteristics of the applicant provided by relatives, colleagues, child’s teachers, employer.

Nuances of canceling the registration of an ex-wife with children

Let's consider whether it is possible to discharge a wife and child after a divorce. In fact, the person divorced his ex-wife, but not his children. According to the law, children are not former relatives, so they do not lose the right to live with their father. Children can only be discharged in a divorce through a court order. The law provides for mandatory registration of place of residence for a mother with a minor child.

If the ex-wife does not have an apartment or other housing, then the court and guardianship authorities will not give her permission to leave. To remove a child from an apartment during a divorce, the father must provide him with a share in another housing. Living conditions are defined as equal to those the child had before moving. The child's interests are monitored by the guardianship authorities. Parents are required to notify them that a minor may change their place of residence.

According to legal regulations, children must be registered with their mother/father. This means that a part of the living space of the apartment or house in which he is registered is allocated for the child, or a part is determined for him and his mother. Let's look at how to discharge a wife after a divorce in order to keep the child with her. Sometimes the mother can be removed from registration, and the children remain with the father. Most often this happens when the mother agrees to this option.

State duty amount

The fee must be paid before the documents are submitted to the competent government authority. If this is not done, they will be returned to the person who submitted them for consideration.

The fees the Civil Registry Office charges for divorces are as follows:

1. Each spouse pays 650 rubles. in case of mutual termination of marriage.
2. The applicant pays 350 rubles. in case of a unilateral declaration of termination of marriage.

The fees payable for the proceedings of a divorce case are as follows:

1. The plaintiff pays 600 rubles. for the judge's permission to terminate the marital relationship with the defendant.
2. The defendant pays 150 rubles if he is forced to pay alimony in favor of a minor child.

How to Register in an Apartment After Divorce

When raising the issue of expelling a spouse from a municipal apartment upon divorce, it is worth remembering that it is not just one person who is registered and discharged into family hostels, but the entire family. Therefore, if the wife applies for discharge, she herself may be left without housing.

It will be more difficult to discharge a minor child from a previously privatized apartment. A joint child, even if the marriage is dissolved, has the right to a share of the property. Therefore, the court may consider transferring from one apartment to another (smaller in area or without cosmetic repairs) an infringement of the rights of a minor.

How does my husband's registration interfere? (read more…)

Arbitrage practice

Previously, in the cases described below, plaintiffs faced serious difficulties in determining the court in which to bring their written demands. However, at present, thanks to the activities of the Supreme Court of Russia, dedicated to the systematization and interpretation of court practice, these problems have been resolved.

So:

1. If the second spouse is in prison, and the sentence assigned to him is less than 3 years, then the application must be submitted to the court located at the prisoner’s place of registration, but not at the location of the colony.
2. If a participant in the marriage is in an unknown place, but is not recognized by a court decision as missing, then the applicant has the opportunity to choose one of two options: Submit the claim to the court that serves the residence address of the missing defendant. This address must be the last known address for the plaintiff.
3. Submit the claim to the court located at the location of the defendant’s property assets.

Cancellation of registration without voluntary agreement: grounds

How to expel a husband from an apartment after a divorce: this issue is acute for those spouses who were unable to conclude amicable agreements. Such cases involve the owner or tenant defending their rights by resorting to judicial assistance. Several factors influence the court's decision. They consist in the form of ownership of the apartment or house, the presence of children under the age of majority, and other nuances. Under the municipal form of ownership of living space, the court has very limited options. He cannot remove a husband/wife from registration if the person lives in the given living space, pays utility bills on time, and does not violate the rules of cohabitation. If he changes his place of residence or refuses to pay for utilities, we will discharge the ex-spouse in accordance with a court order.

The claim must show the grounds according to which the former half is subject to deregistration. In order to remove your ex from your apartment after a divorce, you must submit a statement of claim to the court. When the court decides the case positively, law enforcement agencies can be involved in the eviction process. If necessary, the court decision is challenged by transferring the claim to the appellate court, as well as the Supreme Court.

The grounds for discharging a person from an apartment after a divorce may be:

• the apartment was purchased by the spouse before the creation of the family or it was given to him as a gift;
• the ex-spouse is a disorderly person;
• does not pay utility bills;
• the person has an alcohol or drug addiction.

During a divorce, you can remove your wife from the apartment using court proceedings. To discharge a wife after a divorce, the owner of the property must initiate the legal proceedings. When the court gives a ruling in his favor, the owner must contact government authorities with a completed petition to remove the former spouse from registration. In order for the extract to be carried out with the help of a court, you must collect the necessary documents, a list of which is issued by the court, depending on the content of the claim.

The legislative framework

From a council apartment

In order to discharge a former spouse from a municipal apartment, compliance with all conditions provided for by Resolution of the Plenum of the Supreme Council of 2009 No. 14 is required. They include:

1. The man does not live in the apartment for a long period of time (at least six months).
2. He is not on a business trip, in the hospital, but has taken out all his personal belongings and moved out permanently.
3. He was not forced to leave by conflicts or threats.
4. He does not pay his share of the rent in full.
5. There are no obstacles for him to move into housing.

If at least one of the listed points is not met, then it will not be possible to remove the man from the registration register. When going to court, a woman must prove compliance with each of the listed conditions.

It can be concluded that deregistration from the ex-spouse’s apartment is possible.

However, the situation directly depends on the ownership of the object. The law protects the rights of the owner in relation to real estate and does not allow it to be written out without personal consent. In this case, the owner can deregister everyone in his apartment who is not a member of his family.

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