Rus News Journal

JUrkonsultatsija: How to write out the former spouse from apartment not belonging to it

the Question: My ex-husband is registered in apartment of my father. The apartment is under bank burdening, the mortgage loan is not up to the end paid yet. The ex-husband does not want to leave that it is possible to make in this situation. As it to write out. The general children in marriage are not present.

Udodova T. A

the Answer:
According to a part of 1 article 35 of the Housing code of the Russian Federation in case of the termination at the citizen of the right of use of premises on the bases provided by the present Code, other federal laws, the contract, or on the basis of a judgement the given citizen is obliged to release corresponding premises (to stop to use him). If the given citizen in time, established by the proprietor of corresponding premises, does not release the specified premises, it is subject to eviction on request of the proprietor on the basis of a judgement. Therefore would recommend to your father to bring an action the statement of claim with the requirement of removal from the registration account of your former spouse.

Yours faithfully, Shilov Dmitry,
the lawyer of Independent analytical agency
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