Conflicts between spouses can lead both quite far. It often comes to the point that the wife does not let her husband into the apartment, citing the fact that they and the children live here, but there is no place for the husband. How to be in such a situation?

The disputed apartment may be owned by:

• husband;
• wives;
• each of the spouses in equal shares;
• states.

This depends on how the conflict is resolved.

Husband's property

If a wife obstructs and does not allow her husband to enter his own apartment, he needs to establish the fact of moving in and not obstructing living in a judicial proceeding. To do this, you must file a lawsuit in court, and attach to it a document confirming the plaintiff's ownership of this apartment.

If this document is stored in the apartment, and the wife does not issue it, then you can contact Rosreestr to obtain a duplicate. The application must indicate that the original is lost.

You also need to call the police so that they record the fact that the wife of the ex-husband does not let him into his living space. All these documents are attached to the claim.

wife's property

What to do if the wife does not let her into the apartment, the owner of which she is? In Art. 31 of the LCD of the Russian Federation it is said that after the termination marital relations, the right to use the residential premises of the former family member is not retained, unless otherwise provided by an agreement between the owner and the former family member.

The agreement must be in writing. Otherwise, the wife has the right not to let her ex-husband into her living space at any time.

Acquired in marriage

In Art. 34 of the RF IC states that any property that was acquired during marriage by the spouses is their common property, regardless of in whose name the documents are drawn up.

Therefore, if the spouse does not let you into an apartment acquired in marriage, you must sue statement of claim. The plaintiff will be the citizen who is not allowed into the apartment.

In Art. 304 of the Civil Code of the Russian Federation states that the owner of a dwelling has the right to demand the elimination of any violations of his rights in court, even if he has not been deprived of this right.

The claim must be filed at the place of residence of the defendant, that is, the spouse who prevents living in a joint apartment. The subject of the claim is the removal of obstacles from the side of the former spouse.

State owned

What should I do if my husband does not let me into an apartment owned by the state?

In this case, both husband and wife can live in it, if both have permanent registration in this residential area. The right of use is retained by both even after a divorce.

If one of the spouses obstructs the other from living in a municipal apartment, then you also need to sue for forced occupancy.

If one of the former spouses decides to re-create a family, then he can move in a new adult member of his family (husband / wife) only with the written consent of all other adult family members. This rule does not apply to children.

Conclusion

If there are obstacles to the legal move into a dwelling, it is necessary either to negotiate peacefully, or file a lawsuit in court, and resolve the issue of forced move-in in court.

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My husband won't let me into the apartment

Good afternoon. We have two apartments with my husband, acquired in marriage. Both apartments are designed for him. In one I am registered with a child, in the other my husband. Today there was a divorce court, the claim was satisfied, but the husband is going to appeal against it to a higher ...

1. The situation is very difficult for me, my ex-husband does not let me into the apartment where I have 1/common shared property. His current wife practically lives there, they refer to the fact that she has every right to be there as his wife, is it legal to let this person into the apartment without the consent of the second owner?

1.1. File a claim for residence.

1.2. Hello, the question of legality is not the most significant. Main question: What do you want? Live there? Sell ​​a share? Or just expel her husband's new wife?

1.3. No, she does not have the right to live there without your consent, and he does not have the right not to let you in, you can file a lawsuit for simultaneous settlement and eviction.

2. In marriage, they bought an apartment with a mortgage. They developed, the ex-husband does not let him into the apartment, there was no division of property and debts, he simply does not let him. She filed a lawsuit in court for non-obstruction, and moving in, an apartment in shared ownership of him and him. He pays the mortgage himself, and demands that I give up my share! Whether his actions are lawful, whether the court will satisfy my claim, we have been married for 16 years, and our common money has been invested in the apartment.

2.1. Ex-husband paying a mortgage? That is, the mortgage loan has not yet been paid off? However, you have equal rights to ALL property (funds paid for any property during the marriage).
Family Code of the Russian Federation
Article 34. Joint property of spouses

1. Property acquired by spouses during marriage is their joint property.
2. The property acquired by the spouses during marriage (common property of the spouses) includes the income of each of the spouses from labor activity, entrepreneurial activity and results of intellectual activity, pensions, allowances received by them, as well as other cash payments that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, and others ). The common property of the spouses is also movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, deposits, shares in the capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was acquired or in the name of which or by which of the spouses cash.
3. The right to the common property of the spouses shall also belong to the spouse who, during the period of marriage, managed household, care for children or for other valid reasons did not have an independent income.
Thus, you can confidently count on a positive court decision for you.

2.2. The next step should be the division of property, so that the shares in the apartment are determined.

3. The apartment is in the mortgage on me, my husband is a co-borrower. He does not let me and three children into the apartment. Doesn't open doors. How can I get into the apartment?

3.1. Hello! Tatyana, contact the police with a statement that your spouse is obstructing the use of residential premises.

4. In marriage, an apartment was bought, in a mortgage! After the divorce, the ex-husband does not let me in, the apartment is in common shared ownership of me and him! Does he have the right not to let me in, he pays for the mortgage after the divorce, 0 ochv sue the court for non-removal of obstacles to the use of housing and for moving in, what are my chances of returning? Thank you!

4.1. Hello! You need to apply to the court for a division of joint property. Since the apartment was bought in marriage, it is also subject to division, like a mortgage loan.

4.2. Hello.
Until a claim for the division of jointly acquired property is filed, you and your ex-husband have equal rights of use in relation to this apartment. But in addition to rights, you also have the obligation to make mortgage payments. If your ex-husband alone pays this loan, then in the future he has the right to collect your part of the debt from you (from the moment of your divorce)

4.3. Of course, you have the right to forced entry, but the husband will also have the right to share the mortgage debt.

4.4. The fact that you will be instilled, there is no doubt about it, you need a lawsuit in court.

4.5. Good afternoon Alya! There is no doubt that there is a chance of success in a judicial proceeding, subject to competent legal assistance. You need to file a claim for the division of property, division of credit obligations, determination of the procedure for using residential premises. This is necessary, because when filing a claim for moving in, or for removing obstacles to the use of residential premises, this issue will arise. Everything must be done logically and in order.

5. It is necessary to make a market assessment of the apartment by the company, the ex-husband does not let them in, and I live / work in another city. Is there any way to solve this problem remotely? (the court condemned 1/2 each of the spouses)

5.1. Hello! It is possible to make an assessment of the cost of an apartment only in a specialized organization that has a license for this type of activity. If the ex-husband prevents the second owner from moving into the apartment, this issue is resolved in court. Good luck and all the best.

6. Can my husband not let me into the apartment if I am a co-borrower on a mortgage and the second owner. I am also registered in this apartment. Can I call a district police officer if he kicks me out by force?

6.1. Of course. You are the owner of a share in the apartment and have every right to use your property. If not allowed, feel free to call the police, they should react. If you are kicked out by force, you can also call the police. Your right is violated - law enforcement agencies will help you.

7. My husband Refused 50% share in the apartment in favor of his mother. Now my mother does not let me, my legal wife, live in an apartment and does not prescribe. How can I solve the problem, because I'm looking for another city moved to my husband?

7.1. Whose second part of the apartment?

8. The ex-husband does not let me into the apartment acquired in marriage, as a result of his actions, I am forced to pay for the rented apartment. For this reason, I have no money to pay for a shared apartment. Is he obliged to pay all the payments of the common apartment himself?

8.1. Hello. You repeat the same question several times.
You are required to pay both. services because you are the owner.

9. The ex-husband does not let me into the apartment acquired in marriage, as a result of his actions, I am forced to pay for the rented apartment. For this reason, I have no money to pay for a shared apartment. Is he obliged to pay all the payments of the common apartment himself?

9.1. Hello. No, not required. You, too, are required to pay utility bills as the owner. Apply to the court with a claim for the division of property and determination of the procedure for using the apartment.

9.2. Evgenia, if you have divided this property between spouses, then you have the right to recover money from it for the use of your share. The burden of maintaining the property lies with the owner of the apartment, but you, in turn, have the right to recover these funds from him.

10. I have a 2-year-old daughter with my ex-husband. Do I have the right not to let my father into the apartment where I, my brother and the child are registered?

10.1. You have such a right.

10.2. It depends on who is the owner of this apartment, if he does not have the right of ownership, then you can not let him in.

10.3. Who is the owner of the apartment? Only after answering my question can you answer yours.

11. My husband and I are not scheduled, I can not let the bailiffs into the apartment. If they came to describe the property. The lease is on me.

11.1. Hello.
They have no reason to enter the apartment.

11.2. --- Hello, dear visitor of the site, if this is your apartment, you have every right not to let anyone into it, if you have a roommate, then you do not have such a right. Good luck and all the best, with respect lawyer Ligostaeva A.V.

12. My husband and I are cohabitants renting an apartment for me. Can I not let bailiffs into the apartment.

12.1. Sure you can. De facto it is your property in this moment(rent). There is NO liability for this. And so that they don’t tell you through the door, this is all nonsense. Let them call the PCB by registered mail with a notification, everything else is their "Wishlist" is not legal.

13. The husband does not have ownership of the apartment. Can I keep him out of this apartment? And if he says I'm with the children and as a father I have the right to be with them? Children have a share.

13.1. If the husband is not the owner of the property, then you can not let him in.
As for communication with children, you have the right to determine the order of communication between the husband and children through the court.
And if the husband creates a threat or leads an immoral lifestyle, generally restrict his rights by contacting the guardianship authorities.

14. Can I get into an apartment that was purchased during marriage. The ex-husband does not let me in, the shares are not registered. Now it is a controversial object in court.

14.1. Yes, you can, this is your joint property, if it doesn’t let you, contact the district police officer.

14.2. Hello.

If there is evidence confirming that the apartment is joint property acquired during the marriage (Article 35 of the RF IC), you have the right to sue your ex-spouse for moving in and not obstructing the use of the apartment.

14.3. Good evening!

If the process of division of property is currently underway, then file a petition for consideration of the issue of the procedure for using the apartment for the period of consideration of the case. Also specify the requirements and allocate shares in kind.

15. The husband is closed in the apartment and does not let anyone in. I recently went psycho. clinic. Uses alcohol and drugs. I am not registered there, my 11-year-old daughter has a 1/4 share, and two more children are simply registered. The apartment is registered to his parents. Do we have the right not to be evicted from there or to get in to pick up things?

15.1. As long as you are registered at the place of residence, you can not move out. And if your things are in the apartment, then you have the right to file a claim for the recovery of your property from someone else's illegal possession on the basis of Article 301 of the Civil Code of the Russian Federation.

15.2. Hello, dear site visitor, you can get in to pick up things, if you voluntarily refuse to return things, then in court, you have the right to live with the consent of the other owners. Article 209 of the Civil Code of the Russian Federation.

15.3. Of course, you have a legal right to do so. You should apply to the court for a settlement. Based on the decision of the court, the bailiffs will execute. Articles 30,31 of the LC RF.

15.4. If you are registered there, you have full right to use it. Call the Ministry of Emergency Situations or door openers. Prepare documents for registration in the apartment.

RF LC 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.

15.5. If the child lives with you, but is registered in the apartment where the father of the child lives, then you have the right to live in this apartment without the consent of the husband. Therefore, if they do not let you into the apartment, you need to go to court with a lawsuit to remove obstacles to the use of property in accordance with Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation. In this case, the bailiffs will forcibly provide you with the opportunity to enter the apartment to pick up your belongings. No one will help you without a court order.

16. Please help with the question, the ex-husband does not let me into the apartment, according to the court decision, my share is 1/2, that is, in half. How can I be and solve this issue?

16.1. Call the district police officer, draw up an act of obstruction to your own territory, sue, demand a determination of the place of residence.

16.2. Hello, apply to the court with a statement of claim for moving in and not obstructing the use of residential premises against the owner of another share of the apartment.

17. This is the situation my husband and I are divorced, he doesn’t let anyone into the apartment himself, he left for another city, he didn’t leave the keys to anyone, our common children live in rented apartments, I live with my mother with a small child, although I am the main tenant, what to do in this situation file for division of property? And whether the apartment is divided into children or only equal shares between parents.

17.1. Hello. In this case, you should understand whether the apartment is owned or you are a tenant? If it's social hiring, then you have the right to go to court with a claim for stuffing obstruction in use, but you can not divide it. And at the moment, you can legally contact law enforcement agencies, they, in the presence of persons registered in this apartment, have the right to open it.

18. Where to go if the husband does not let me into the apartment.

18.1. Good afternoon Galina, in your case, if you are registered in this apartment, you have the right to contact the police, and the latter, in turn, are obliged to travel with you to your place of residence (where they are not allowed) and provide you with access to the home.

19. My husband does not let me and my children into an apartment bought on a mortgage and with the use of maternity capital. We have shared ownership. He says it's his apartment. If you don't like something, go to court. I contacted the police several times, but the situation was not resolved. What to do next. He does not want to negotiate, he does not agree to buy and sell a share. Does not make contact.

19.1. You really have to go to court. Claim for moving in and removing obstacles to the use of the apartment. It is also possible to immediately determine the order of use.

20. The ex-husband does not let him into his own apartment ex-wife with 2 children (5 years and 7 months), how to proceed?

20.1. Hello! It all depends on who owns the apartment. If the apartment belongs to the ex-husband, then this is his right.

20.2. If the apartment is only yours, i.e. acquired not in marriage, then go to court with a claim for his eviction and for your installation and for his obligation not to obstruct you in living. Change the locks later and that's it.

20.3. If the apartment is a joint property, it makes sense to divide the property. Or file a lawsuit for the removal of obstacles to the use of residential premises.
If the apartment is in your property, then evict him from it / write him out.
For more detailed advice write to [email protected]

20.4. Olesya, good afternoon.
You can apply to the court with a claim for non-obstruction in the use of the apartment. In some cases, going to the police is enough. But the problem needs to be solved as a whole - to determine the legitimacy of the claims of each of the spouses to the apartment. Who according to the documents is the owner of the apartment? Is the apartment the joint property of the spouses? When was it acquired and at whose expense? Who is registered in the apartment?

20.5. Dear Olesya, if the apartment is jointly acquired during a marriage, but registered in the name of your husband, then you need to go to court with a claim for the division of jointly acquired property.

21. The husband does not let me into his own apartment. Threats of physical violence on the phone, I have a witness who heard our conversation. What can be done?

21.1. First write a statement to the police, upon the commission of arbitrariness and then file an application with the court, depending on the specific situation.

22. I divorced my husband, he does not let me into the apartment to pick up his things and the things of the child. We are not registered in the apartment with my daughter, but there are a lot of things that my mother bought for me. He says that he will write a statement to the police for illegal entry into the home, if I do something. What do i do?

22.1. Good day, you need to apply: 1 to the Department of Internal Affairs and indicate what property your ex-husband holds, after that, having received documents from the Department of Internal Affairs, go to court with a claim for the recovery of the retained property.

22.2. Hello, apply to the court with a claim for the recovery of property from someone else's illegal possession. Break into the apartment ex-spouse you really can't.
Good luck and all the best.

23. The husband does not let me into the apartment for 3 days. When I try to enter the apartment, he opens his arms. Married for 20 years. Daughter, 13 years old, lives there. I'm not registered there. This is the husband's property. What action should I take regarding my husband?

23.1. You need to hire a lawyer.
He will help you settle in.
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.

24. There is a court decision that has entered into force, the apartment was given to me and the children. My ex-husband won't let me go there. Does he face any liability?

24.1. Hello! If the court decision has entered into force, then you should go to court, get a writ of execution and present it for enforcement to the bailiff service.

25. My three children and I have 1.3 shares in an apartment in the property. And the ex-husband does not let us live there and rents it out. He says that he will file for the division of property and we will lose everything.

25.1. Hello Evgeniya! Since the shares have already been determined, the apartment will no longer be subject to division, and since you and your children have shares in the property, you have every right to live in this apartment.
Sincerely, Korsun Irina Dmitrievna.

26. My husband does not let me and my 2 children into the apartment where we are registered, where should I go?

26.1. First you need to contact your District Police Commissioner at the place of registration. In more detail, the next steps can be judged by examining the situation from the inside.

27. How can I take a cat from my ex-husband, he won’t let me into the apartment, he took the keys, they took the cat while still married for a child, as a result, he doesn’t need a child, but he doesn’t give the cat away, when they lived together, all the care of the cat was on me, the cat was not officially registered, I only have photos and videos, even they show how the cat loves both me and the child, what should I do?

27.1. To be honest, no way. Of course, you can sue, but this will make people laugh. The cat does not have a passport. It is impossible to determine which cat you want. You will simply be exposed in an indecent form. The ex will just say it's his new cat, and you drank your cat. We do not establish the identity of the cats from the photo.

28. The ex-husband does not let me into the apartment, which was received under a social mortgage agreement, for four (me, my ex-husband and two children, a minor daughter). I live with my mother with her. How to get access to the apartment?

28.1. The ex-husband does not let me into the apartment, which was received under a social mortgage agreement, for four (me, my ex-husband and two children, a minor daughter). I live with my mother with her. How to get access to the apartment?

A lawsuit in court for moving in and not obstructing use.

28.2. Only apply to the court, if it is not possible to agree, with the requirement to move in and not obstruct the use of residential premises.

28.3. Hello!
You can write a statement to the police, attach all available documents on the apartment. The main thing is to insist that your statement be accepted by the police. There they will conduct a check, interrogate him, you and the children. Sometimes it works. If not, then go to court with a response from the police.
Good luck in your endeavors.

29. I came home from work, my husband does not let me into the apartment. We're going to get divorced. My husband, a minor child and me are registered there. Husband's apartment, he got it as a gift before marriage. What to do?

29.1. Good day, dear visitor
Of course, in this case, he has the right to evict you, but as long as there is a residence permit, you can move in through the court

29.2. Good day
If you are registered there, then you are required to be allowed into the apartment, but after a divorce, your husband can evict you from the apartment in court
Good luck to you. Anna Titova.

29.3. Good afternoon. Call the precinct. If you are registered there, therefore, you have the right to use the premises. And you have the right to live there.

29.4. Have a nice day. Until he removed your registration in court, you have the right to live in this apartment, contact your district commissioner.

29.5. Hello dear site visitor!

Considering your situation on the basis of the Legislation of the Russian Federation, if you are registered and have the right to use and reside, you can contact the district police officer.

29.6. Good day to you! Definitely, as long as you have a residence permit, you can live there. All the best to you and thank you for contacting the 9111 website for legal assistance.

29.7. Hello, dear visitor of our site!
While you are married, it has no right not to let you into the living quarters where you are registered at the place of residence. But in the event of a divorce, you can be evicted on the basis of part 4 of article 31 of the Housing Code of the Russian Federation. If the apartment was obtained before marriage, then he is the owner.
P.S. Good luck with your issue and all the best!

30. My husband does not let me into the apartment, although according to the court 1/2 is mine. He lives there with a woman, what should I do.

30.1. Hello! You can file a lawsuit in court and eliminate the obstacle to the use of residential premises in court.

30.2. Good afternoon, dear visitor!
File a claim for moving in and for the obligation of the defendant not to obstruct the right to use housing. Or sell your share in the right large family from Tajikistan, so that this comrade doesn’t think it’s enough
Good luck and good luck with your issue!

30.3. You should file a lawsuit with the court to move you into an apartment, then contact the bailiff service for enforcement.

30.4. Hello! Your issue can be resolved in court. You need to file a claim for the removal of obstacles to the use of a dwelling that is in your property. In addition, without your consent, your husband did not have the right to instill any woman.

30.5. To get started, apply with a statement to the district inspector at the location of the apartment.

Hello, my husband does not let me into the apartment, although according to the court 1/2 is mine. He lives there with a woman, what should I do.

31. Am I obliged to let my ex-husband into the apartment to look at the living conditions of the child? I do not interfere with communication. But I don't want to let him into a rented apartment.

31.1. Hello! No, they are not required to let the child into the living quarters to check the living conditions of the child, since such an obligation is not established by law.

31.2. Hello! If it is not his property, then you have every right not to let him in. But you have no right to interfere with meetings with a child.

32. The husband changed the locks in the apartment, bought in marriage. Doesn't let me and my minor daughter. She called the police. The initiation of a criminal case was refused. How to appeal the decision to refuse to initiate a criminal case? Formulating the refusal, the district police officer accused me of threatening my husband, acting for selfish purposes, so he, fearing illegal actions, changed the locks on the doors.

32.1. Why complain? File a claim for moving in and not obstructing the use of residential premises. And with the initiation of a criminal case in the second case - a waste of time ...

32.2. Good evening! An appeal will not give results, since the case is in the civil law field.
What can be done:
Approach the apartment with documents confirming ownership or a passport with a residence permit and call the Ministry of Emergency Situations or another company for an autopsy (because even if a conscientious outfit arrives, they won’t break it themselves anyway, but invite the above-mentioned comrades) do not forget to take a receipt from them confirming the fact of payment, it is better to film the autopsy process on video and in the presence of neighbors (useful as witnesses)
Judicial perspective:
Filing a claim for an obligation to provide access to a dwelling. Where to include all expenses + expenses for a representative + non-pecuniary damage.
A household option is to call the Ministry of Emergency Situations (a locksmith of the housing department, a friend with hands) and you have the right to do the same.
So. as According to Art. 209 p. 3 of the Civil Code of the Russian Federation, the actions of the owner in possession, use and disposal of property belonging to him should not violate the rights and interests of other persons.

32.3. Good evening!

You have the right to appeal the decision to refuse to initiate a criminal case to the prosecutor, the head of the investigative body (in accordance with Article 124 of the Code of Criminal Procedure of the Russian Federation) or in court (in the manner of Article 125 of the Code of Criminal Procedure of the Russian Federation).

33. How to prosecute a husband who does not let his wife and daughter into the house (an apartment jointly acquired in marriage).

33.1. Hello, it is necessary to apply to the court with a claim for the removal of obstacles to the use of residential premises. This is a civil law relationship.
Good luck and all the best

33.2. Hello.
You won't hold him accountable. Eliminate obstacles in the use of residential premises in a judicial proceeding.

33.3. Irina, good evening!

Responsibility in this case is not provided - you can make a division of property, or through the court to demand the removal of obstacles to living, or if you are registered at the address or are the owner - call the service and open the locks.
Best wishes to you!

34. I'm still officially married. Can I not let my husband into the apartment if I am the only owner of the living space and he is not registered there.

34.1. Did you purchase the property during marriage? If yes, then you do not have such a right, everything that is acquired in marriage is the property of the spouses, regardless of who the object is registered to.

34.2. Hello dear Daria.
Was the apartment purchased before marriage or during marriage? Refine

Good luck in resolving your issue.

35. Can I keep my husband out of my own apartment and change the lock?

35.1. Hello, if the husband is registered there, then until the issue of deregistration is resolved, your actions will be illegal.
Good luck and all the best

35.2. Svetlana. Good afternoon. If the husband is not registered there, you can dispose of your apartment. If registered, it is necessary to file a lawsuit in court and remove from registration.
You can always find a way out of any situation. Good luck and all the best in your business.

36. Can I not let my ex-husband into the apartment if he is not deprived parental rights? The apartment is owned by me and the children by 1/3. Scandals, calls me names, humiliates me...

36.1. Hello!
Yes, if the ex-husband is not the owner of the apartment, and is not registered at this address, you have the right not to let him into the apartment.

I wish you good luck and all the best!

36.2. Good evening! You have the right not to let your ex-spouse into your apartment. But you also have no right to forbid communicating with children. Let them meet on non-neutral territory.

36.3. Hello.
You have the right not to let him into your apartment, but you do not have the right to deprive him of communication with children if he is not deprived of parental rights. Therefore, you can determine the order of communication between a husband and children through the court.
You didn't specify how the apartment became shared property? If, as a result of privatization, the husband also refused to participate in privatization, then you cannot forbid him to come, since he retains the right to use it for life. If the apartment was purchased in marriage, then it is also joint property and you also cannot forbid him to come, he can demand the division of property through the court, regardless of who it is registered to.

37. Father, my ex-husband, does not let my 17-year-old daughter into her own apartment where she is 100% the owner. Changed locks, won't give keys. He has a residence permit in this apartment.
How to file a complaint with the guardianship authorities?

37.1. Olga, not a complaint to the guardianship authorities, but a statement of claim to the court must be submitted to your daughter with your consent. Demand to remove the obstacles to the use of the apartment, the termination of his right to use and eviction. Good luck to you.

37.2. Olga, good afternoon.
Don't waste time asking for help. The dispute is resolved by filing a lawsuit with the court for moving in and not obstructing use. It also makes sense to consider the option of recognizing the father as having lost the right to use the apartment and deregistering him. But in order to develop the right tactics, you need to know the circumstances in more detail, in particular, in what way the daughter acquired the ownership of the apartment.

37.3. Hello Olga! You need to apply to the court with a claim for moving in and not obstructing use; also, given the behavior of the father, it may be worth deregistering him in this apartment and evicting him. With respect and willingness to help, STANISLAV PICHUEV.

38. The ex-husband does not let me into the apartment, I am the owner of 1/2, changed the locks, threatened me.
How to be?

38.1. Good day to you. You have the right to file a claim for non-obstruction in court. Good luck and all the best.

38.2. Apply to the court with a claim to remove obstacles to the use of residential premises and to determine the procedure for using residential premises. Further, if the claim is satisfied, you take a writ of execution and turn to the bailiffs.

39. Can I cancel the donation if my husband does not let me into the apartment? It says in it .. we are not divorced. He began to drink from the time of registration, 3 months have passed.

39.1. It is possible to cancel a donation. Grounds for cancellation: The donor has the right to cancel the donation if the donee has made an attempt on his life, the life of any of his family members or close relatives, or intentionally caused bodily harm to the donor.
In case of intentional deprivation of the donor's life by the donee, the right to demand in court the cancellation of the gift belongs to the donor's heirs.
2. The donor has the right to demand in court the cancellation of the gift, if the treatment of the donee with the donated item, which is of great non-property value for the donor, creates a threat of its irretrievable loss (Article 578 of the Civil Code of the Russian Federation).
Be sure to contact a lawyer for help, but not on the social network.

39.2. Hello Olga! You can cancel a donation agreement on the grounds provided for by law.
With respect and willingness to help, STANISLAV PICHUEV.

39.3. Hello Olga.
Cancellation of a donation in your case is possible only in a judicial proceeding (by a court decision). You need to prepare for going to court, be sure to collect evidence that you have the grounds for canceling the donation specified in the law. Without evidence, it is better not to apply to the court demanding the cancellation of the donation yet. Now you can only go to court with a claim for non-obstruction in the use of residential premises. Evidence of this also needs to be properly documented. If your husband deceived you in order to achieve a donation, then the evidence of this must also be correctly drawn up. And the statute of limitations in this case is small - only one year. In court, the most important thing is evidence.

40. Please what to do if after the divorce the ex-husband does not give things back. And he lets the tenants into the children's room into the apartment.

40.1. Hello, apply to the court with a claim for the recovery of your property from someone else's illegal possession. If the apartment is in shared ownership, then without your consent he cannot rent it out.
Good luck and all the best

40.2. Good evening
If things and the apartment are jointly acquired property, file a claim with the court on the division of property
If you want to currently live in an apartment, you must file a lawsuit with the court to remove obstacles to the use of residential premises.

40.3. Good evening, Oksana Vyacheslavovna! Are you registered in this apartment? Who owns the apartment? If not registered and not the owner, then file a claim for the recovery of property from someone else's illegal possession. There will be questions - contact the lawyers in a personal consultation and get competent advice on this issue and the possibility of protecting your rights. You can successfully resolve your issue with legal assistance.

40.4. Hello!
You have the right to file a lawsuit to evict tenants, and you also have the right to claim half of the rent your spouse received for renting out your daughter's room. Regarding things, you need to find out in more detail whether these are your personal things, or part of the jointly acquired property, and then decide on further actions. In any case, you will probably have to find out these issues in court.

41. The husband does not let me into the apartment. Not divorced. Service apartment. Nowhere to go

41.1. Hello.
1. An interested person has the right, in accordance with the procedure established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests.

1.1. A statement of claim, statement, complaint, presentation and other documents may be filed with the court on paper or in electronic form, including in the form of an electronic document signed with an electronic signature in the manner prescribed by law Russian Federation, by filling out a form posted on the official website of the court in the information and telecommunications network "Internet".

2. Waiver of the right to apply to the court is invalid.

3. By agreement of the parties, a dispute within the jurisdiction of the court that has arisen from civil law relations, before the adoption by the court of first instance of a court decision, which ends the consideration of a civil case on the merits, may be referred by the parties for consideration by an arbitration court, unless otherwise provided by this Code and federal law .Sue.

41.2. Good day. Write a statement to the police outlining all the circumstances of the case. Good luck and thanks for visiting the site.

41.3. If you are registered in the apartment, then file a lawsuit to move in. It's just like that. But, you need to know all the circumstances of your situation. Describe if possible.

41.4. Good afternoon! File a police report, because if you are registered in the apartment, then your spouse has no legal grounds to deny you access to the apartment.

42. I am registered in an apartment with a 4-year-old son, my husband died and my mother-in-law did not allow me to be discharged from the apartment without my knowledge. I have a passport at home, but there is one more nuance. narcology and stopped drinking, but recently she broke down now everything is in order I don’t drink, she doesn’t give me a passport, she can write me out with my passport, now she says that she does this also because I have a credit card and shave what kind of debts they can even take away an apartment, but it’s 32 thousand and almost everyone has it, I took it recently and spent only 7 thousand, because I haven’t been able to find a job for 4 months, I was left completely without money.

42.1. Hello Mirgul! If you are registered in an apartment, then you have the right to live in it, if the apartment belongs to your mother-in-law, then she can write you out through the court; if you participated in privatization and you have a share in the property in the apartment or you entered into inheritance rights after the death of your husband for a share in the apartment, then you cannot be discharged. With respect and willingness to help, STANISLAV PICHUEV.

42.2. Dear Mirgul, she, in principle, can apply to the court to remove you from the registration register. She doesn't need your passport for this.

43. The husband changed the lock in the apartment and does not let him into the apartment with a small child to pick up things. The apartment is registered in his father's name, but the child and I are registered in this apartment. How to get free access to the apartment to pick up things?

43.1. Good afternoon. Apply to the court with a claim for moving in, non-obstruction in the use of residential premises. There is no other legal way.

43.2. Hello! If these are your personal belongings and the child's belongings, then file a lawsuit with the court for the recovery of property from someone else's illegal possession.

43.3. Dear Victoria! These are purely civil law relations, if you have the right to establish documents for an apartment, then you, like your husband, have the right to use this housing. If the owner is a husband, then this is the second question. Call, we will help with respect, Vladimir Aleksandrovich.

44. The husband changed the lock in the apartment and does not let him into the apartment with a small child to pick up things. The apartment is registered in his father's name, but the child and I are registered in this apartment. How to get free access to the apartment?

44.1. If you want to move into an apartment, but you are prevented from doing so, you can go to court with such a statement of claim. However, it must be taken into account that the owner of the apartment can file a claim for the termination of the right to housing.

45. Apartment in the social. hired, divorced from her husband, he constantly comes! Can I not let him into the apartment? He's registered in it!

45.1. Good afternoon. If a person is registered in the apartment, you cannot not let him in. You first need to write it out from there, and this can only be done in court.

46. ​​The husband does not let me and the children into the apartment, which is common property. There is also capital invested in it. What can I do?

46.1. Good afternoon! You can go to court with a claim for non-obstruction in the use of residential premises, and already with bailiffs move into this apartment. Since the apartment is in common ownership, you have the full right to live there.

46.2. You need to go to court and recognize your right to a 1/2 share of this apartment, as well as at the same time make demands for moving in and recovering damages caused by the actions of your husband.

46.3. You can go to court and demand the division of the apartment. There can be 3 options for the section - to recognize the right of common shared ownership for you and your husband, to recognize the right to the entire apartment for you or for him, and from the second compensation .. Alternatively, you can make a claim to remove obstacles to using the apartment. Still, it's better to share.

47. The apartment was purchased during marriage, after the divorce, the wife does not let her husband into the apartment in which he is registered, does she have the right to do so?

47.1. You should share housing and legally move into housing, and for this you need to file a claim, pay a fee and make claims competently and clearly.

48. My husband and I do not live together, he does not let me into the apartment (his mother’s apartment is not registered there) to pick up the child’s things and mine, I am six months pregnant, where I can turn for help.

48.1. Hello, firstly, make an official division of property in court, and secondly, if you will have your property from someone else's illegal possession Take a writ of execution in court and take it to the bailiffs, they will ensure the enforcement of the court decision since you yourself cannot voluntarily agree.

48.2. Hello.
Try to contact the district police officer to come with him to the apartment and pick up things.
However, you need proof that the things belong to you.

48.3. Good afternoon! Contact the lawyers to draw up a statement of claim for you to go to court and so that you can claim your things.

48.4. You can file a lawsuit in court, but it's a long time, try to negotiate.

Article 301
[Civil Code of the Russian Federation] [Chapter 20] [Article 301]

The owner has the right to claim his property from someone else's illegal possession.

48.5. Hello. If you are not registered there (not registered), then you are not required to let you in. It is possible to divide the property through the court, Marina.

49. After the divorce, the husband changed the locks and does not let us and the children into the apartment. Filed for division of property. I agree to the payment of compensation for half of the apartment acquired in marriage. But the former, of course, will say that there is nothing to pay compensation with. Although he has a premarital apartment, in a foundation pit, after 3 years, property was received already in marriage. Accordingly, repairs were made in the marriage. I'm not going to apply for it. Can I submit her to the section and petition for her arrest so that the former does not write her off to relatives. Otherwise, the disputed apartment will not be able to be arrested and put up for auction as the only housing. What is the right thing to do in this situation in order to receive compensation for the apartment?

49.1. Hello, Elena! If you do not want to compensate anything, then there is nowhere for you to receive this compensation. Forget about his premarital apartment. Decide jointly in court, divide in half, then send him a notice with an offer to buy, write down the amount of the sale. If he does not answer or refuses, sell your share to anyone, but at a price not lower than that offered. He will not be able to sell the apartment without you now, since you need a notarized consent. So it’s not worth arresting her through the courts, this will then create problems when selling her in Rosestra.

49.2. You have no right to an apartment purchased before marriage. Share an apartment acquired in marriage. You can apply for an interim measure in court. It will be divided equally between you. The shares are big. Here the court will not deal with compensation. This is up to you to decide among yourselves. After the trial, offer him to redeem his share. If he refuses, then sell to whomever you want.

49.3. Hello!
His second apartment will not be arrested. The Court sees no reason for this. It's 100%.
Therefore, you will have to choose.
Or recognize the right of ownership with moving in and determining the order of use.
Or blindly seek compensation.
Alternatively, you can consider a statement in a claim for rights to his apartment. In itself, the demand will be losing, but the apartment will become the subject of a dispute, and then it can be seized. Try this option.

49.4. Hello, if your husband does not let you into the apartment, then you can contact the district police officer or file a lawsuit in court for non-obstruction in the use of residential premises, you also need to go to court to divide the jointly acquired property, his apartment acquired before marriage is not subject to division . Sincerely, Stanislav Pichuev.

50. The ex-husband does not let me into the apartment, the municipal apartment is registered in it, I, the ex-husband and his daughter (13 years old), now live there with my family, due to circumstances I had to move out of it back in 2003, he lives there with I can't remember 2011-12. Now, due to the same circumstances, I'm moving in back ... he won't let me in, what are my actions?

50.1. Hello! You have the right to file a claim with the court for moving into the apartment, as you have the right to use and live in the apartment.

50.2. In your situation, you need to understand in more detail. Maybe you were discharged during your absence from this apartment. If not discharged, then decide the issue of moving in with the district police officer or in court. You can successfully resolve your issue with legal assistance.
Thank you for using the site!

50.3. what are my actions?

First you need to make sure that you have rights to this apartment. I fully admit that the decision of the court has already taken place and your right has been terminated.

50.4. In your case, you should write a statement to the police about obstructing the use and to establish the persons living in the apartment without registration. Then file a claim for settlement.
From your question, I didn’t quite understand - now the husband lives in the apartment or not?

50.5. Hello, you need to find out if you currently have a registration in this apartment, if so, then you have the right to live in it and can apply to the court with a claim to move into the apartment. Sincerely, Stanislav Pichuev.

50.6. Hello!
Your action should be to go to court with a lawsuit to move in. It is important to file it first before it has filed a forfeiture claim against you.
If your claim turns out to be the second, the court may not take it seriously, refuse to satisfy it and recognize you as having lost the right.