How to evict the former from the apartment
In the event that you received an apartment by inheritance, it will only be considered your property, like all other real estate that you purchased before marriage. Evict the former fromapartments, which was acquired before the marriage or inherited by you, you can, guided by part 4 of article 31 of the Housing Code. It states that a former family member, after the dissolution of the marriage, loses the right to use this dwelling. According to the court’s decision, this right may be reserved for him for a while if he cannot provide himself with other housing. Proving this to the court of a young healthy man will be problematic.
If your ex-husband, living in this apartment, refused to participate in its privatization, although he had the right to evict him according to art. 31 LCD you can not. The situation can be affected only by the fact that he was forced to refuse to participate in the privatization, since he had once used this right earlier and participated in the privatization of anotherapartments.
When the marriage contract does not provide otherwise, the apartment purchased by the spouses who entered into a formal marriage is considered their joint property. The requirement to divide the property provides for a three-year limitation period. If the ex-husband does not present his rights to her before the expiration of this term, the apartment becomes your property, and you can write him out of it by the court, provided that it was issued in your name.
Even if your ex-husband does not want to leave the apartment, you can always file a claim with your district court and request his eviction. Confirm your requirements with strong documentary evidence that they have lost their right to use and live in this dwelling. Prepare copies of title documents that will serve as proof of your ownership status. The court will take into account the presence of minor children living with you, the existence of a different living space for the former spouse, the circumstances of the divorce process and will take a positive decision on his eviction.
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