How to write a person from a private house

Life circumstances can not always be predicted in advance, especially when it comes to real estate issues. The closest relatives often become irreconcilable enemies in the struggle for square meters. What can we say about people who are not connected by related bonds? It also happens that the only possible peaceful resolution of the conflict may be to extract the face from the living space. Let's look at the questions of how to write a person from a private house and in what cases this is possible.

Most people do not like disputes and trials, to write a tenant by his consent is ideal. Try to solve the issue peacefully. If the person discharged does not have the opportunity to be physically present at the discharge, then he has the right to send his trusted representative.

If you own a private house together with a registered person, then it will not be possible to write it out - you will have to sell property and divide in accordance with shared ownership. Marriage property is also considered common property. However, even if you purchased the house until the marriage, the court may wait for the decision to extract if your ex -spouse has nowhere to move and there is no other place where he can register.

It is also possible to write a person without his consent, but only in court. The grounds for a positive solution are as follows:

if the house was purchased by one of the spouses before marriage ( art. 31 ZhKRF);
if a person does not live in the house for a long time, does not pay communal, does not take care of him and at the same time he has another housing where he can register;
if a registered person threatens the physical and psychological health of the owner.

The discharge will be required:

statement;
passports of both parties;
home Book;
military ID (if necessary);
court statement.

Application application form You can download on our site.

A sample of the completed application for a forced extract from the premises Download here.

Writing from a private house will not work a minor. Any child has the right to housing. An exception is cases when parents or guardians can provide confirmation of the availability of other housing and the opportunity to prescribe a child there.

In cases where the parents of a minor child deprived of parental rights, the court evicts them forcibly. Even if they have no other place of residence.

As you can see, writing a person from a private house is not so simple, but possible. Before writing out a tenant without his consent, try to settle this issue peacefully - you will save time, money and mental strength. Good luck!

Comments leave a comment

Svetlana 03/10/2017 at 14:46

The tenants, a woman with a minor daughter, lived in my house, I registered them constantly. For more than two years they moved to another city in this area and rented housing. They are not in a hurry to write out, everyone promises. How to write them out. I can't get a housing and communal services subsidy. I am retired and do not work, we live together with my daughter for 13 years.

Zoya 06/08/2017 at 17:28

the daughter -in -law left her son and left with her daughter. She (my son) dies, I took her son under guardianship. She didn’t want to write out for seven years, she and my grandson entered into inheritance, she is not, and does not want to do it like her and her and her and her and her and her and her Daughter (in a year will be 18 years old) write out, because. We will sell the house.