If the wife lives with her husband without a residence permit. Can a husband live at his wife's place of residence if the wife's relatives are against it? Living rights of ex-wife after divorce

Hello dear lawyers! Please tell me! Can my husband from another city live with me in my city in the apartment where I am registered and the owner is my mother, does she mind? There are exceptions that you can live with your next of kin without registration, in our case, will it be possible? Or do you have to register? Or necessarily, but if he is my closest relative, then there will be no fine?

Yes, it is possible under certain circumstances.

Article 19.15.1. Citizen's Residence Russian Federation

at the place of stay or at the place of residence in a residential area without registration

(introduced
Federal Law of December 21, 2013 N 376-FZ)

1. Residence of a citizen of the Russian Federation at the place
stay or at the place of residence in a residential area without registration or
the admission of such residence by the tenant or owner of this residential
premises beyond the terms established by law - entails

imposition of an administrative fine on citizens in the amount of two thousand to three
thousand rubles; for tenants, owners of residential premises (individuals) - from two thousand to five thousand rubles; for legal entities - from two hundred and fifty
thousand to seven hundred and fifty thousand rubles.

2. Violation provided for by part 1 of this
articles committed in the federal city of Moscow or St. Petersburg,
- entails

imposition of an administrative fine on citizens in the amount of three thousand to five
thousand rubles; for tenants, owners of residential premises (individuals) - from five thousand to seven thousand rubles; for legal entities - from three hundred thousand to
eight hundred thousand rubles.

Note.
Citizens of the Russian Federation are exempted from administrative liability
for an administrative offense under this article,
case: residence without registration at the place of stay in a residential building located in the corresponding settlement of the subject of the Russian Federation, if they registered at the place of residence in another residential area located in the same or another locality of the same subject of the Russian Federation;

residence without registration at the place of stay in a residential building located in the federal city of Moscow or in one of settlements Moscow
region, if they are registered at the place of residence in a residential area,
located in the federal city of Moscow or in one of the settlements
points of the Moscow region;

residence without registration at the place of stay in a residential building located in the federal city of St. Petersburg or in one of the settlements
Leningrad region, if they are registered at the place of residence in a residential
premises located in the federal city of St. Petersburg or in
one of the settlements of the Leningrad region;

if they are spouses, children (including adopted children), spouses of children, parents (including adoptive parents), spouses of parents, grandparents or grandchildren of the tenant (owner) of the residential premises, which has registration at the place of residence in this residential premises;

if persons living together with the tenant or the owner of the residential premises are in relation to him spouses, children (including adopted ones),
spouses of children, parents (including adoptive parents), spouses of parents,
grandparents or grandchildren.

Ask our lawyers a question - it's much faster than looking for a solution.

Does a wife have the right to live with her husband without a residence permit?

We live in a 4-room apartment. The husband has 1/4 share of this area. I am registered elsewhere. My mother-in-law kicks me out all the time. Do I have the right to live on the territory of my husband. We have the same registered our minor daughter, but without a share

Lawyers Answers (1)

Hello! Yes, you have such a right, because your husband is the owner of part of the residential premises and, in accordance with Article 31 of the Housing Code of the Russian Federation, you are a family member and have the right to use this residential premises:

1. The family members of the owner of a dwelling include his spouse living together with this owner in the dwelling belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as members of his family.

Does a legal wife have the right to live in her husband's apartment without a residence permit?

Hello! She lives with her husband in an apartment where there are two owners - my husband and his father (my father-in-law). I am registered elsewhere. Now my husband has gone on an expedition for a month. The father-in-law yells that I have no right to live here without a residence permit and kicks me out.

Lawyers Answers (2)

No, if they are married, this is a joint between you, i.e. half of your spouse's share, your share, and on the other hand, as a family member, you have every right to tell this to your spouse. ​

Your father-in-law is wrong in this case

Housing Code of the Russian Federation, Article 31

1. The family members of the owner of a dwelling include his spouse living together with this owner in the dwelling belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as members of his family.
2. Family members of the owner of a dwelling have the right to use this dwelling on an equal footing with its owner, unless otherwise established by an agreement between the owner and members of his family. Family members of the owner of the dwelling are obliged to use this dwelling for its intended purpose, to ensure its safety.
3. Members of the family of the owner of the living quarters, who have legal capacity and have been limited in their legal capacity, shall be jointly and severally liable with the owner for the obligations arising from the use of this living quarters, unless otherwise established by an agreement between the owner and members of his family.
(as amended by Federal Law No. 49-FZ of April 24, 2008)

(see text in previous edition)

ConsultantPlus: note.
Article 19 of the Federal Law of December 29, 2004 N 189-FZ establishes that the provisions of Part 4 of Article 31 do not apply to former family members of the owner of a privatized residential premises, provided that at the time of privatization of this residential premises, these persons had equal rights to use this premises with by the person who privatized it, unless otherwise provided by law or agreement. Article 19 of the Federal Law of December 29, 2004 N 189-FZ was recognized as partially inconsistent with the Constitution of the Russian Federation by the Resolution of the Constitutional Court of the Russian Federation of March 24, 2015 N 5-P.

4. In case of termination of family relations with the owner of residential premises, the right to use this residential premises shall not be retained by the former family member of the owner of this residential premises, unless otherwise established by agreement between the owner and the former member of his family. If the former family member of the owner of the dwelling has no grounds for acquiring or exercising the right to use another dwelling, and also if the property status of the former family member of the owner of the dwelling and other noteworthy circumstances do not allow him to provide himself with another dwelling, the right to use the dwelling owned the specified owner, may be retained by a former member of his family for a certain period on the basis of a court decision. In this case, the court has the right to oblige the owner of the residential premises to provide other residential premises ex-spouse and other members of his family, in favor of which the owner fulfills maintenance obligations, at their request.
5. Upon the expiration of the term for the use of living quarters, established by a court decision adopted subject to the provisions of Part 4 of this Article, the corresponding right to use the living quarters of a former family member of the owner shall be terminated, unless otherwise established by an agreement between the owner and this former member of his family. Before the expiration of the specified period, the right to use the residential premises of the former family member of the owner shall be terminated simultaneously with the termination of the ownership right to this residential premises of this owner or, if the circumstances that served as the basis for the preservation of such a right have disappeared, on the basis of a court decision.
6. A former family member of the owner who uses the residential premises on the basis of a court decision made taking into account the provisions of part 4 of this article, has the rights, bears the duties and responsibilities provided for in parts 2-4 of this article.
7. A citizen who uses residential premises on the basis of an agreement with the owner of this premises has rights, bears duties and responsibilities in accordance with the terms of such an agreement.

Can a husband live in a municipal apartment where his wife and child are registered?

I am registered with my son in my parents' apartment. The tenant is the father, the mother, like me, is simply registered. She is everyone possible ways trying to evict us from the apartment. she won’t be able to discharge me and my son, so right now she took up her husband! Does he have the right to live with me and the child if the tenant does not mind? And what's the best way to do it? She cramped us so that the three of us huddle on 15 sq.m. where there is a full-wall wardrobe, our and children's beds, a separate refrigerator imposed on us, and a lot of everything for children. how can we pacify her? I don't claim anything. let's be quiet! We fulfill all requests, we clean up! I just want my husband (the breadwinner of the family) to be at home. we will not pull something separately. salary is only 20,000. he himself has a residence permit in Rostov! It's also impossible to live there. house maximum 25 sq.m. common in which his mother and sister live. Help me please!

Lawyers Answers (3)

You have the right to write an application to the Magistrate's Court for the removal of obstacles to the right to use the premises. If you and your husband are married, then he is your relative and has the right to live with you.

IN statement of claim in the column "Please" you must indicate your requirements regarding the living quarters, for example

1. Oblige me to give me the keys to the apartment located at:
2. Prohibit changing the locks in the apartment located at: without my consent or otherwise create obstacles for me in using this room.

You have the right to file a claim for the recovery of material and moral damages, as well as court costs.
Application:
1. A copy of the birth certificate confirming the relationship with the tenant

2. copy of passport

3. copy of the child's birth certificate

4. extract from the house book and financial and personal account

5. Receipt of payment of the state fee.

Do I understand correctly that even if he is not registered in a municipal apartment, he has the right to live with his family? By sq.m. even if it is prescribed, everyone gets more than the subsistence minimum!

Have a question for a lawyer?

Unfortunately, I cannot please you and agree with my colleague.

If your husband has been given temporary registration by the tenant, with the consent of the landlords and other family members registered in the apartment, then your husband can live under temporary registration until the end of its term.

If one of the tenant's family members objects to the move-in and registration of your husband, then it is hardly possible to overcome her disagreement in court.

Basis Article 70 of the Housing Code of the Russian Federation

Article 70

1. The tenant, with the consent in writing of his family members, including temporarily absent members of his family, has the right to move into the residential premises occupied by him under a social contract of employment of his spouse, his children and parents or with the consent in writing of his family members, in including temporarily absent members of his family, and the landlord - other citizens as members of their family living together with him. The landlord may prohibit the occupancy of citizens as members of his family living together with the tenant if, after their occupancy, the total area of ​​the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord is not required to move in with the parents of their minor children.

Sincerely! G.A. Kuraev

Clarification of the client

The fact of the matter is that he does not even apply for temporary registration! Just so he can be with us with his family! Mother thinks that we want to squeeze their apartment. We just need a roof over our heads!

He has no legal right to live, but your mother, by and large, will not be able to do anything with him, only to spoil her nerves, the police will not help her. Through the court, of course, he can ask to be evicted, but the court may refuse, since there was no move-in.

We would only have a roof over our heads and that's good! Thanks a lot for the clarification! Helped a lot! I really hope the police don't do anything! I'm experiencing it! And the mother considers herself a queen! She thinks that the apartment is hers and she is the only mistress and has the right to establish her own laws. It's good that my father has the upper hand! Another would not have endured for a long time.

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Does a wife have the right to reside in her husband's territory?

Hello! Are there lawyers? Tell me, pliz. I have been living and registered since 2003 in a communal apartment. The apartment has 2 rooms; neighbors live in one (larger area) (wife, husband (not registered in this apartment) and the adult son of the wife) and I and my future husband (we are registering in a month, if this is important.). The room in which I live with my dear , owned by my own aunt (my mother's sister). I am the only one registered from our family at this address. My aunt does not want to register my sweetheart here even after the wedding, but she has hellish relations with her neighbor. Please tell me, does my husband have the right to live with me without a registration at this address? I need to know this in order to rebuff my neighbor if she suddenly starts raising this topic. And one more thing .. I heard that now you can register at the place of residence without the participation of the owner of the housing (without the right of ownership). Is this so? How to do it and what is fraught with? Thank you in advance.

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Does the husband have the right to demand from his wife during a divorce the division of a share in a privatized apartment, if the apartment was privatized during the marriage, but according to whether the husband has the right to sell the privatized apartment for minor child and on him without the consent of his wife if she is not registered there. Can a wife inherit a deceased husband's share in a privatized apartment? The card was privatized for 3 x (for the wife, for the deceased and for the daughter) The husband in a rented apartment broke household appliances during scandals, they bought a new one instead.

How can you evict an ex-wife who lives in an apartment during a divorce?

The girl must contact the state body in a timely manner. Registration of real estate for a man gives a person the right to evict his spouse in case of refusal to make claims.

However, you need to file a claim. The court will approve the application, the husband will become the sole owner of the apartment. Service Property: Spouse's Eviction Service property is not the property of the spouses.

Members of a separated couple have equal rights to use the premises until the termination of their duties to the organization that provided the housing. After a divorce, a person who is not related to the institution must leave the apartment.


A woman living in her husband's service apartment must leave the premises in the event of a divorce. The husband can discharge the girl immediately after the divorce. Refusal to perform an action is a reason for going to court.

Registration after divorce

Attention

If the right of ownership of housing belongs to one of the parents who does not intend to live with the child, then the court may oblige him to provide members of his former family a new dwelling, and with conditions no worse than the current ones. It is unequivocal that it is impossible to write out the offspring "to nowhere".


If relatives - grandparents, sisters and brothers, uncles and aunts - have extra square meters of living space, it is also possible to resolve the issue of registering a child and his mother (or father). Children under the age of 14 cannot be registered in the living space of relatives without a father or mother, only together with the parent to whom this is actually determined by the court or by a common decision of the couple.
Registering a child without a mother, even to relatives, is impossible. The legislation of the Russian Federation protects the rights and interests of children, therefore, an extract from the previous place of residence at the initiative of the parent - the owner of the home - will not work, no matter how much he would like it.

Can a husband live with his wife without registration?

DIVORCE.RU Divorce Legal side

  • Termination of the right to use property
  • Spouse eviction procedure
  • Eviction with a child
  • Shared apartment: forcing the wife to leave the living space
  • Office property: wife evicted
  • Statement: Reasons for Starting Litigation
  • Request to evict wife: court response

Not always the relationship of a married couple develops smoothly. disagreement, conflict situations lead to the decision to leave.
If the couple is about to divorce, the husband has the right to evict his wife from the apartment. To complete the process, you need to study the nuances of the law. Termination of the right to use property Divorce is the reason for the beginning of the division of property. It is impossible to evict an ex-wife from the territory of a living space owned by a woman.


Residence permit does not matter. Real estate is the property of the spouse.

Extract from the apartment after a divorce. how to do it?

  • Real estate
  • Housing law
    • Hello dear lawyers! Please tell me! Can my husband from another city live with me in my city in the apartment where I am registered and the owner is my mother, does she mind? There are exceptions that you can live with your next of kin without registration, in our case, will it be possible? Or do you have to register? Or necessarily, but if he is my closest relative, then there will be no fine? Thank you! Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:
  • Was it fair to refuse a temporary residence permit for marriage if the husband and wife have registration in different places?
  • Can a husband live with his wife without a residence permit?

Lawyers Answers (1)

  • All services of lawyers in Moscow Determining the procedure for using an apartment Moscow from 30,000 rubles.

How to write an ex-wife out of an apartment after a divorce without her consent

Personal advice Thank you very much!

  • reviews: 160 If the wife is the owner of the dwelling, according to Article 31 of the Housing Code of the Russian Federation, her husband is a family member and has the right to use this dwelling: , as well as the children and parents of this owner.
    Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as members of his family. 2. Family members of the owner of a dwelling have the right to use this dwelling on an equal footing with its owner, unless otherwise established by an agreement between the owner and members of his family.

Most often, they believe that having sold premarital property and bought new housing with this money during the marriage, the owner will remain the sole owner of such property. However, the current practice in this category of court cases shows that without the relevant documents (or a concluded marriage contract) to prove the fact of using for the acquisition new apartment in marriage, it is very difficult, almost impossible, to get exactly the money that was received from the sale of someone's premarital housing.

Therefore, most often the courts recognize such property as jointly acquired in marriage, bought with common money. This leads to the fact that spouses are recognized as equal owners of real estate.

How can a husband live with his wife without a residence permit after a divorce

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  2. Housing law

How can I keep my residence permit in my wife's apartment after a divorce, if I am registered in this apartment without the right to property? The property was registered before our marriage. Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

  • The problem of residence after divorce
  • The right to live in a house after a divorce in the absence of other housing

Lawyers Answers (1)

  • All services of lawyers in Moscow Extract and eviction from an apartment Moscow from 20,000 rubles. Determining the procedure for using an apartment Moscow from 30,000 rubles.

Does one of the parents have the right to live where the minor is? It is where the parent lives that the baby should live according to the law - this is what Article 20 of the Civil Code of the Russian Federation says. If it turned out that the offspring has a residence permit, then whether one of the parents can live on this area is an ambiguous question.

For example, does it have the right ex-wife to live at the place of registration of the child after the divorce? Article 20. Place of residence of a citizen

  1. The place of residence is the place where a citizen permanently or predominantly resides.

These conditions include:

  • misuse of living space;
  • prolonged absence of the employer;
  • refusal to pay mandatory utility and other payments;
  • redevelopment of the apartment not coordinated in accordance with the procedure established by law;
  • other actions leading to a deterioration in the quality of the property.

Thus, if one of the grounds is applicable to the situation, then you should first contact the municipal administration with a statement about the need to evict the spouse from the apartment after the divorce. If there are not enough grounds, then you will have to apply to the court with an application to recognize the spouse as having lost the right to use the living quarters.

The wife's brother is against her husband's living in a privatized apartment. With constant threats and scandals, she tries to kick him out of the apartment.

Important

Does the husband have the right to live in this area without a residence permit, where their common child.? Does the Family Code protect the family in such a situation? question number №1384112 read 9809 times Urgent legal advice8 800 505-91-11 free Raise the question to the first place?

  • reviews: 2 006 A husband can live in this living space until (and if) the court decision on his eviction comes into force. If the wife has a share in the ownership of the apartment, the court, when making a decision, will take into account her opinion and the presence marital relations.

So it is not a fact that the court will decide on his eviction. In this case, the role is not Family code, but housing.
and GK.

How to complete the procedure? This procedure is quite simple, you only need:

  • collect the required papers, make the necessary copies;
  • obtain from one parent a written consent to a residence permit to the one who, after the divorce, will permanently live with the child;
  • appear during office hours at the MFC or at the housing department at the place of registration of the parent who registers the cub;
  • at the appointed time to come for the original birth certificate of the child.

There is an option to register a minor via the Internet. If the child has reached the age of 14, then it must, accompanied by both parents, appear for an appointment with the official in charge of registration in person.

Is it possible to register a child under the temporary registration of the mother? Can. The appearance and consent of the landlord or the owner of the housing where the mother is already registered will not be needed.

Hello! Please tell us a way out of the situation. Our problem is that my husband, being married to a woman, prescribed her for himself and their joint son. Now they are divorced. I am behind my husband. We have a joint child whose husband prescribed to myself. Can I now live with my child and my husband and his ex-wife in the same apartment without the consent of all tenants? This is the 2nd apartment. Thank you.

The apartment in which my parents and my brother now live with his wife and child is privatized to me and my brother. When a child appeared, he was registered in this apartment, I heard that without the consent of one of the owners, no one else has the right to live in this apartment. So I would like to know if his wife has the right to live in this apartment as at the place of registration of her child (which is a year old) and if she has, then after what age the child reaches. She is not registered in this apartment.

Good afternoon Please tell me, I am 31 years old, married for the second time, two children from different marriages. The first marriage did not work out, probably due to stupidity and according to mine and my husband. But we loved each other, but our parents did not love each other, and each mother turned us against each other, my mother believed that he was not a man, did not earn money, and generally did not know how to do anything, but his mother did not like me.

Well, how did it happen that we both just freaked out and parted, well, and then pride began to play, I could not ask him to return. And I don’t know why, maybe for this reason too, or maybe not. Then, in spite of him, I decided to marry someone else, he was from Moscow, rich, looked into my mouth, wore it in his arms, but that was at the beginning. At first we lived together, I quickly became pregnant for the second time, I was afraid to have an abortion, it's a sin! We got married and didn’t work at home, he was constantly jealous of me for the child, he began to drink, although he always drank, he began to humiliate me that I was nobody, and I should be grateful to him that he took me with the child, raised his hands on me, constantly blackmailed me, sometimes with money, that my children would be taken away from me. I have been living in my second marriage for 6 years, or rather I don’t live, but I suffer. I sat at home for 4 years, didn’t work, because at first I was pregnant, then I sat with the child from the second house until I sent it to the garden, I couldn’t go to work, because there was no one to leave with the children. My husband drank and walked all this time, and constantly blackmailed me with money, and I measured everything, I was afraid to leave him, I still raised my hands, there were constant scandals, I had nowhere to go. After I gave the child to the kindergarten, I was looking for a job for a very long time. Now it seems that the situation with work has improved, but the salary is still small. But when I went to work, I felt like a man. Yes, and he also understood this and changed a little bit. I didn’t have feelings for my husband at all after all his humiliations, but appeared for another. The other one says that he loves me very much despite the fact that I have two children. But I also feel sorry for my husband to leave in turn. And I'm afraid to start a new relationship, all of a sudden it doesn't work out again. Then with my friends after work I went to a cafe and warned him that I would go for a walk, I came home late, but he started beating and beating everyone at home, raised his hands on me again, I decided to divorce him, said that I was leaving him, but everyone asks to give him a second chance, and I know that nothing will change, although he says that he understood everything and that he will not behave like this.

Psychologist's answer:

Hello, Elena!

I want to say right away that the situation you are in cannot have a simple solution! Therefore, for me personally, your hesitations are understandable. And yet, there are many options for getting out of this situation, but they will depend on your position, which you will take in it, both focusing on your feelings and considering the impact of this situation on children.
Let's take a look at the events you described together! If I understood you correctly, then the marriage itself was not built on “high feelings” for each other! He, according to you, was concluded "to spite" your ex-spouse. It seems to me that resentment towards him, perhaps, towards his indecisiveness in defending your relationship, and
the desire to prove to him that you are in demand, interesting to others, not the best adviser in matters of love and marriage!
It is possible that you were also driven by the desire to prove to yourself your worth as a woman, especially when the courtship of another admirer takes place at the level of “wearing it in your arms, looking into your mouth.” When such “requests” for confirmation of oneself “work”, it is very difficult to remain objective and notice some kind of falsity in a relationship! At the same time, a person unconsciously tells another how exactly he would like to receive confirmation of this significance of his! Hence the response from the other! At the same time, perhaps this other is guided by his own “script” for the development of relations. It can be based on the system of ordinary auctions - "today I am for her, and tomorrow she is for me!" Then, upon reaching the goal set by this person, such drastic changes in behavior are possible! After all, now she “should show me MY significance”! And this can be a need for support, or a desire to dominate in a relationship, or even an aggressive manifestation of a desire to rule by any means!
Not surprisingly, when such changes occur, "epiphany" occurs. Why haven't I seen this before? How could I be so wrong about a person? Why did he become like this?
The answer to these questions is simple - for the most part, it was like that, just while you were busy realizing your “own importance”, you did not pay attention to the manifestations of such traits as incontinence, aggressiveness (perhaps as a manifestation of the desire to possess you autocratically).
Now, over time, you have the opportunity to once again reconsider your relationship, only now taking a more sober look at what is happening. Review and evaluate them - how much do they satisfy you as a woman, as a mother? For how long and for what purposes are you ready to continue such a relationship? What benefit or harm can they have on the formation of your children? Do you have the ability, strength and desire to change your life? When you can answer all these questions for yourself, the solution is sure to be found!
Despite the fact that every woman or man has the right to build their relationships according to their own choice, the responsibility for which they take upon themselves, when these same men and women become fathers and wives, the level of responsibility for such a choice increases many times! Now they carry it also for their children! Their mental condition, whose present and future depends on the development of parental relationships, must also be taken into account when deciding whether to develop or continue the relationship! Will they be "traumatic" factors with which children enter adulthood, or this traumatic component will be minimal, now it depends on you as well!
So take courage, wisdom and determination so that your decision is as conscious as possible from all these sides! And "scales", on which you will have to weigh "for" and "against", and weights for them in your hands! Choice is something that every person makes all the time! Do not refuse it and do not put it off until later, when time may have already been lost!

DIVORCE.RU Divorce Legal side

  • Termination of the right to use property
  • Spouse eviction procedure
  • Eviction with a child
  • Shared apartment: forcing the wife to leave the living space
  • Office property: wife evicted
  • Statement: Reasons for Starting Litigation
  • Request to evict wife: court response

Not always the relationship of a married couple develops smoothly. Disagreements, conflict situations lead to a decision on the need to leave. If the couple is about to divorce, the husband has the right to evict his wife from the apartment. To complete the process, you need to study the nuances of the law. Termination of the right to use property Divorce is the reason for the beginning of the division of property. It is impossible to evict an ex-wife from the territory of a living space owned by a woman. Residence permit does not matter. Real estate is the property of the spouse.

How can you evict an ex-wife who lives in an apartment during a divorce?

The girl must contact the state body in a timely manner. Registration of real estate for a man gives a person the right to evict his spouse in case of refusal to make claims. However, you need to file a claim. The court will approve the application, the husband will become the sole owner of the apartment.


Info

Service Property: Spouse's Eviction Service property is not the property of the spouses. Members of a separated couple have equal rights to use the premises until the termination of their duties to the organization that provided the housing. After a divorce, a person who is not related to the institution must leave the apartment.


A woman living in her husband's service apartment must leave the premises in the event of a divorce. The husband can discharge the girl immediately after the divorce. Refusal to perform an action is a reason for going to court.

Do I have the right to live in my husband's apartment after a divorce?

In this situation, the state body is empowered to:

  • Allow the girl to stay until the child reaches the age of majority;
  • Allow the girl to stay until the opportunity to purchase her own housing;
  • Discharge the woman, but oblige the man to pay for their rent until the ex-wife is able to pay on her own.

The spouse has the right to decide on the fate of the mother and child. Starting to rent housing for children and a girl, he will fulfill alimony obligations. The court will not require additional payments. Shared apartment: we force the wife to leave the living space Spouses have equal rights to jointly acquired property.
It is impossible to write a spouse out of a common apartment. The impossibility of making a decision serves as a reason for applying to the judicial authority. The court will resolve the differences. Claims for shared housing must be made within 3 years of the divorce.

Does the right to live with a child after a divorce in the husband's apartment remain?

Family members of the owner of the dwelling are obliged to use this dwelling for its intended purpose, to ensure its safety. Pay for the answer Continue the dialogue Please call 8 965 752 77 69. Nothing can replace real-life consultations. Thank you very much!! Now I will send the police-police to the Housing Code ..
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  • I specify This answer will be valid if the order of use is defined. If the order of use is not defined, other options are possible (for example, studio apartment) Pay for the answer Continue the dialogue Please call 8 965 752 77 69. Nothing can replace real-life consultations.

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Spouse living in husband's apartment after divorce

The wife's brother is against her husband's living in a privatized apartment. With constant threats and scandals, she tries to kick him out of the apartment. Does the husband have the right to live in this area without a residence permit, where their common child is also registered.? Does the Family Code protect the family in such a situation? issue number №1384112 read 9810 times Urgent legal advice8 800 505-91-11 free of charge

  • The husband can live in this living space until (and if) the court decision on his eviction comes into force.
    If the wife has a share in the ownership of the apartment, the court will take into account her opinion and the existence of marital relations when making a decision. So it is not a fact that the court will decide on his eviction. In this case, the role is played not by the family code, but by the housing code.
    and GK. Pay for the answer Continue the dialogue On this issue, you can contact our company.

How to stay in your husband's house after a divorce?

Of course it can, but there are a number of nuances. You can simply agree amicably if you and your husband remain normal human relations. If the apartment is acquired in marriage, then there are no problems at all, you claim half, just like your husband. If there are minor children and are registered at the place of residence of the father, then the mother must also live with them. the system selected this answer as the best comment

Attention

Since the owner of the apartment is the husband, after the divorce, the wife loses the right to live in his apartment. The ex-wife can continue to live with the consent of the former spouse. But, if she has no place to live after a divorce, then the ex-wife can get through the court to retain the right to reside with her ex-spouse for a certain period or have young children.


"Husband's apartment" - that is, it was acquired before marriage, or presented to him, or inherited by him.

Can a wife live in her husband's apartment after a divorce?

There is another moment. After all, the apartment could have been acquired during the marriage, but it was registered in the name of the husband. But it is included in the jointly acquired property and after the divorce is divided in half. If the husband was the owner of the property before marriage, then everything depends on his good will.

After the divorce, the wife must leave his living space. But, if this housing is registered minor child, then the mother has the right to live with him until the age of majority. In addition, there are all sorts of clues to be decided by the court. For example, a woman has no housing. We have to prove it.

The court may decide in her favor - to live for some time in her husband's living space. Of course. This is a private matter between two people. Of course, if after the divorce they remained in good relations. Regarding minor children: the mother Can, that is, Has the Right to live with children until they come of age, but should not.

Rights of a wife living in her husband's apartment

The girl must submit an application to the higher authorities in the manner prescribed by applicable law. The presence or absence of a residence permit matters when evicting from municipal real estate. If the girl is not registered in the apartment, the spouse has the right to ask to move out of the premises.

In case of refusal, the court will approve the husband's claim and issue an order on the need to leave the living space. If a woman is registered, write her out without a decision government agency it is forbidden. The court will consider the application. The verdict is handed down after studying the circumstances of the divorce.

The presence of real estate owned by a woman is taken into account. The lack of housing is a reason to allow the girl to stay.

But when was it privatized? Maybe already married? Or maybe they changed it to the same, or a little more, but in a different area, and it will already be considered as jointly acquired property. The presence of children complicates the situation - they also have the right to housing and, as minors, to live with their mother. The wife, of course, is registered, and it is also impossible to write her out without children and to "nowhere".

And it is also impossible to put up obstacles for her to enter the apartment where she is registered. So there are many nuances and it is better to negotiate amicably than with hatred, and giving all your savings to lawyers. She knew a family where the husband remarried and the wives were now re-educating him together when he was looking for a third. Maybe if the issue is resolved in a good way.
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