Write out the woman with the child from the apartment it can be difficult. However if circumstances develop so that it is necessary to strike them off the registration register, there are lawful ways of the solution of this question.
It is required to you
- - passport;
- - document on the property right to the apartment;
- - resolution of court;
- - statement for removal from registration account.
Instruction
1. The simplest option – removal from registration account according to the statement of the mother. If she does not agree to a voluntary extract, the issue should be resolved through court.
2. Before drawing up the statement of claim think on the basis of what you will be able to demand an extract and eviction. If the woman – your ex-wife, you are able to remove her from registration on the basis of the fact that it is not a member of your family (Article 31 of the Housing Code of the Russian Federation) any more. On the same basis her child from the previous marriage can be written out. However own minor child to deprive of the right to use a living space you will not be able.
3. If at the time of privatization of housing the woman agreed to this procedure, at the same time having refused individual share in it, she has the right to live in this apartment regardless of whether the matrimonial relations with the owner remained. Her child also does not lose a registration as it is obliged to live together with one of parents.
4. Quite often the situation when mother with the child is registered in the apartment meets, however lives to other address. In this case it is worth getting support of witnesses, for example neighbors who can confirm that the defendant does not appear in a place of registration.
5. In detail state all arguments in favor of eviction in the statement of claim. Note whether the defendant has other housing. If she does not live in the apartment, specify that it left voluntarily and no difficulties to stay in your living space were made to it. Attach to the claim copies of the certificate on divorce, testimonies of witnesses.
6. Eviction – a difficult question. Employ the lawyer who will help to make the statement of claim and will think over line of conduct in court. It is possible that the defendant will submit the counterclaim with the requirement of installation and a nechineniye of obstacles at accommodation in the disputed apartment. Sometimes the court recognizes this right – especially if the woman has no other living space for accommodation.
7. If your claim is not satisfied, you have the right to file the appeal. Sometimes the judgment of the first instance is reversed. Having received the resolution of court on an extract, go to a passport office. On presentation of the resolution and passport mother with the child will be struck off the registration register.