LawRegulatory Compliance

How to write a person out of the apartment?

There are many life situations in which you will need information on how to write a person out of the apartment. The order of registration and the necessary package of documents will depend on the specific facts of each individual case. Laws and various amendments to them change quite often. It is very difficult for a common man in the street to understand many legal terms, so you should ask the professionals for help.

We will consider the main reasons why people start thinking about how to write a person out of an apartment.

Death of one of the members of the family living in this living space. In this case, there are no problems with the removal from the registration account. It is enough to provide a death certificate to the Housing and Communal Services Office, the right to own an apartment and a statement written on the model that can be obtained from a passport employee.

Unwillingness to live with a former spouse after a divorce. In this case, before you write out a person from the apartment , you will have to prove the ownership of the living space in a judicial procedure. If housing was bought before marriage or officially presented to you, then no problems arise. It does not participate in the property section.

If the spouse refuses to voluntarily discharge, then it is enough to file a claim with the court for the compulsory removal of the former family member from the registration. The Housing Office will be required to provide a court decision that has entered into legal force, your application and documents confirming your rights to the owner.

Quite often there is the question of how to discharge a person from an apartment if he is convicted and is in prison. In this case, it will be necessary to obtain a copy of the court verdict, which entered into legal force and to submit it to the Housing and Utilities Administration together with the application. But it should be remembered that as soon as the convict returns from the places of deprivation of liberty, he has the right to demand the restoration of registration at this living space.

If you privatized the housing on yourself and got consent from the rest of the registered residents in it. But after a while, people started to think about how to write a person out of an apartment that prevents you from living. If he is among those people who gave you their consent to privatization, then you have only one decision - to persuade to withdraw from the registration in a voluntary manner.

Unfortunately, even being the only person involved in the privatization of an apartment, you can not sell it. All family members and relatives of the owner reserve the right to use this apartment, which greatly complicates the procedure for buying and selling housing. At the time of the transaction, all registered residents of this area must be discharged voluntarily. Only in this case, they will not be able to claim a given apartment, which has passed into possession of a new owner.

Great complications arise when it is necessary to remove a minor child from the registration record . This procedure is rather complicated. In this case, it is not enough to know what documents are needed for discharge from the child's apartment . It will require an official permit obtained in the guardianship and trusteeship agencies and assistance of a qualified lawyer.

In cases of divorce of parents, the child often remains to live with his mother. If it is registered on the dwelling place of the father, then it can be written out only by a court decision with subsequent registration with the mother. In this case it is necessary to indicate in the statement of claim that the child lives together with the second parent. There will be difficulties if the living space and living conditions in the father's apartment are much better than that of the mother. The guardianship authorities may consider a request for removal from the registry in such cases as violation of the rights of the child.

If the kid participated in the privatization of housing, then in this case, the guardianship authorities will monitor the procedure for the exchange or sale of housing. At any moment they can stop the transaction, motivating their decision by worsening the living conditions of the baby, and, therefore, violation of children's rights.

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