Discharging a woman with a child from an apartment can be difficult. However, if circumstances develop in such a way that it is necessary to remove them from registration, there are legal ways to resolve this issue.
Necessary
- - the passport;
- - a document confirming the ownership of the apartment;
- - court statement;
- - application for deregistration.
Instructions
Step 1
The easiest option is to deregister at the request of the mother herself. If she does not agree to a voluntary discharge, the issue will have to be resolved through the court.
Step 2
Before filing a statement of claim, think about the basis on which you will be able to demand discharge and eviction. If a woman is your ex-wife, you can remove her from registration on the grounds that she is no longer a member of your family (Article 31 of the Housing Code of the Russian Federation). On the same basis, her child from a previous marriage may be discharged. However, you cannot deprive your own minor child of the right to use the living space.
Step 3
If, at the time of the privatization of housing, a woman agreed to this procedure, while refusing to participate in it, she has the right to live in this apartment, regardless of whether the marital relationship with the owner has been preserved. Her child is also not deprived of his registration, since he is obliged to live with one of the parents.
Step 4
Quite often there is a situation when a mother with a child is registered in an apartment, but lives at a different address. In this case, it is worth enlisting the support of witnesses, for example, neighbors, who can confirm that the defendant does not appear at the place of registration.
Step 5
In your statement of claim, state in detail all the reasons for eviction. Note if the respondent has other accommodation. If she does not live in the apartment, indicate that she left of her own free will and that she did not face any obstacles to staying in your living space. Attach copies of the divorce certificate, testimony of witnesses to the claim.
Step 6
Eviction is a complex issue. Hire a lawyer to help you write your statement of claim and think over the line of conduct in court. It is possible that the defendant will file a counterclaim with the requirement to move in and avoid obstacles while living in the controversial apartment. Sometimes the court recognizes this right - especially if the woman has no other living space to live in.
Step 7
If your claim is not satisfied, you have the right to file a cassation appeal. Sometimes the decision of the first instance court is overturned. After receiving the discharge order from the court, go to the passport office. Upon presentation of the decree and passport, the mother and child will be removed from registration.
