Discharge a grandson from a privatized apartment


How to remove a minor grandson from your apartment? (I'm the owner)

This is decided through the court. You and your grandson are now former family members. You have this opportunity. Notify your daughter-in-law in writing about the need to discharge your grandson, for example by telegram, this is not necessary but very useful. Then file a claim in court, you need to pay a state fee, write a claim, attach copies of the certificate to the apartment, your son’s divorce certificate, if you pay alimony and your place of residence has been determined, then these documents are other relevant to the case.

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In the course of the conversation. What if I want to sell this apartment that I own and buy a new one? At the same time, my grandson will not be discharged from this apartment yet. Can I not register it in a new apartment? And will the grandson be automatically registered with his mother?

How to register a grandfather to his grandson, the grandfather is incompetent

It is necessary to arrange guardianship for a grandson, is this possible given that the grandfather has 2 sons, but neither the grandfather nor the sons are against the grandson being the guardian. I ask you to help, is this possible and are there any loopholes and what documents are needed, and one more thing, my grandfather is disabled, he underwent major operations April 10, 2020, 20:53, question No. 1215338 Alexey,

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AlexeyGrandfather was declared legally incompetent by a court decision?

April 18, 2020, 20:00 0 0 8.7 Pravoved.ru 5916 answers 2289 reviews expert Chat Free assessment of your situation Lawyer, St. Petersburg Free assessment of your situation

Good afternoon. Any capable person can be a guardian, with the exception of the persons specified in Art. 146 of the Family Code of the Russian Federation. - the text can be viewed here - If the grandson is suitable, then he can be a guardian, even if there are grandfather’s children (if they do not mind).

In order to become a guardian, the grandfather must first be declared incompetent through the court, and then become a guardian through guardianship.

If the grandfather is capable and you have no reason for this, then perhaps you should consider establishing patronage (if the grandfather has physical disabilities, but understands the significance of his actions). If you need more precise advice, then additional information is needed from you.

If necessary, I can provide the service of drawing up relevant documents (lawsuit).

April 19, 2020, 08:29 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar

Is it possible to register a child separately from his parents, for example, to his grandparents, or to other people?

09.25.2017 As a rule, children live with their parents and, accordingly, have registration at their residence address. But due to various life situations, you may need to register your child at a different address.

What does the law say about this? Can children be registered separately from their parents?

The law quite clearly formulates the requirements for registering children. The basic rules are reflected in the following standards:

  • Article 20 of the Civil Code of the Russian Federation.
  • Articles 63, 64 of the Family Code of the Russian Federation.

All of these norms establish the same rule, according to which it is impossible to register a minor child separately from his parents.

This is possible only when he turns 14 years old.

Even in such a situation, it is possible to register a child separately from the parents only with the permission of the representatives - the parents.

A child under 14 years of age is allowed to register in another home only if one of the parents is temporarily registered there. Even in such a situation, special permission from the guardianship institution is required, which will subsequently control the issue under consideration.

As already noted, it is permissible to register children without parents only when they turn 14 years old.

Subsequently, they have the right to decide for themselves at which address to register on a general basis. But in such a situation, written permission from one or another parent is required.

Employees of an authorized institution usually require permission from both the father and mother, however, Article 61 of the RF IC establishes that they have the same powers over children. So such a demand from a government agency is completely illegal and needs to be appealed.

Up to the age of 14, persons are granted limited legal capacity, and therefore can perform some actions of legal significance independently.

The child does not have the right to independently submit an application to authorized organizations.

This rule applies to children under 18 years of age. It is not permissible to register a child under 14 years of age without parents.

Can a grandfather discharge his grandson?

Hello!

The child’s father and I have not lived together for almost two years; my son (8 years old) was initially registered with his grandfather in a private house, where, as far as I know, he is the only owner, with his consent. At the moment, the grandfather has set out to forcibly discharge his grandson through the court, on the basis that the mother (i.e.

me) there is where to register (). The child's father is also registered in the house, but not as the owner.

How likely is this?? Initially, they allegedly started paying more for the prescribed “heads” in the house, they offered to reimburse the financial issue (all conversations took place through the child’s father, they don’t talk to me directly), to which the child’s father said that it was important for the grandfather to now discharge his grandson. May 12, 2020, 09:55, question No. 1248751 Irina,

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At the moment, the grandfather has set out to forcibly discharge his grandson through the court, on the basis that the mother (i.e.

And the rest will depend on the appropriate legal position and evidence. In my practice, there have already been such disputes (on the side of those who evict) with a positive outcome.

12 May 2020, 15:44 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions January 23, 2020, 10:22, question No. 1881127 March 11, 2020, 00:17, question No. 1930753 January 31, 2020, 16:01, question No. 1891032 January 31, 2020, 16:01, question No. 1891028

Registration of grandchildren in grandfather's house

348 lawyers are now on the site Consult a lawyer online Ask a lawyer 348 lawyers are ready to answer now Answer in 15 minutes Can I oblige my father-in-law to register my children - his only grandchildren - in the house that belongs to him by right of ownership and in which my husband and I Have we lived with children for 3 years?

October 28, 2014, 09:52, question No. 598369 Olga, Lipetsk Online legal consultation Response on the website within 15 minutes Answers from lawyers (2) 27 answers 11 reviews Chat Free assessment of your situation Lawyer, Lipetsk

Moscow Free assessment of your situation Are you registered in this house?

Or your husband (children's father) October 28, 2014, 09:52 0 0 365 replies 108 reviews Chat Free assessment of your situation Lawyer, city.

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Can the owner deregister a registered person? Homeowner's rights

To remove an unscrupulous tenant from an apartment, a notice is first written to the municipal authority, which must send a written warning to the tenant. After this, the neighbors file a statement of claim in the district court. The judicial authorities will check all complaints and payment of utility bills, after which a decision will be made on eviction and deregistration. In any difficult cases, it is better to contact a lawyer first: he will tell you what documents to collect in order to quickly prove your case.

  • Absence from this living space. If the tenant has not lived in this territory for a long time, and at the same time he has other permanent housing in which he can register. You will have to prove your case; testimony from neighbors and any evidence that the person left a long time ago will help.
  • Termination of family relationships. Family law has its own subtleties, however, after a divorce, if the apartment was purchased by one of the spouses before marriage, after the dissolution of the union, he may demand to write out the ex-husband or ex-wife through the court.
  • During a divorce, the ex-spouse loses all rights to real estate, as do his relatives.
  • If a person was registered after privatization, the owner has the right to write him out at any time. The only difficulty is that you cannot discharge minors without proving that the child has other housing of equal or larger size.
  • It is possible to expel a parent if he has been deprived of parental rights and the court has decided to prohibit his cohabitation with children.
  • If the housing has not been privatized, it becomes even easier to remove a tenant from it. It is necessary to provide documents confirming the fact of misuse or damage, violation of public order and the rights of neighbors, etc. The court will consider the case and decide to evict the tenant.

How can a grandmother remove her minor grandson from her apartment?

The mother-in-law has no right to discharge either you or the children without your consent. The law is on your side. Even if he sues, he can only be deregistered for a compelling reason. For example, the sale of an apartment, about which she will have to notify you in writing.

Children will be registered with their grandmother for this period. If she registers you too, there will be no problems. But they don’t have the right to register them there without you. And if you have already found housing, then such registration will be unnecessary - there will simply be re-registration from one place to another.

Discharge a minor grandson

How can I discharge my minor grandson from the apartment? 1.1. Hello. The owner has the right to file a claim in court and demand that the person be deregistered.

It will be very difficult to remove a minor from registration. 1.2. Hello! If you are the owner of an apartment, then file a claim with the court to declare that you have lost the right to use the residential premises. Based on the court decision, remove from the registration register.

1.3. You can only discharge someone from an apartment on the basis of a court decision. You need to file a lawsuit to terminate your right to housing. 1.4. Good day to you.

The owner has the right through the court to demand the deregistration of a person.

I wish you good luck in resolving your issue.

1.5. Good day. You can only be deregistered as an owner through a court order.

No more, unless his parents voluntarily register him at a different address.

Is it possible to sign a grandson out of an apartment after his parents divorce?

I am the sole owner of a two-room Moscow apartment. Previously, my wife and I were registered in it. Two years ago I registered my son and his minor child, my grandson, with me. Two months later, the daughter-in-law divorced her son, and the child was left to his mother according to the court. He lives with her, but she does not agree to register him with her. Can I check my grandson out of my apartment? How to do it?

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Since your grandson’s mother objects to his registration at her place of residence, in order to remove her grandson from the apartment you will have to go to court. If a child lived in your apartment for some time from the moment of birth until now, and then moved out of it, you must file a claim to recognize him as having lost the right to use the apartment, eviction and deregistration. If the grandson never lived with you, but only had a residence permit, then a lawsuit is filed to recognize him as not having acquired the right to use the apartment and to be deregistered.

Discharge grandson

Hello. Minor children are registered at the place of residence of their parents.

Is one of the parents registered with the child? 2. Do I have the right to expel my son, daughter-in-law and grandchildren from a private home? 2.1. Hello! If you are the owner of the house, then of course you can do this without any problems through the court.

3. How to discharge your son and grandson from the apartment.

3.1. Judicially. You need to file a claim in court. 3.2. Everything will depend on what kind of living space it is, etc., first you need to understand whether there are any grounds for this.

For example, do the son and grandson live there and do they pay utilities for housing? If not, then for what reason do they not live there, and so on.

The procedure for leaving an apartment without consent - we comply with the law, protecting our rights

But untimely payment of the due portion of the “utilities” will not be enough for discharge - unless, of course, the violator is the tenant (responsible tenant), who is responsible for compliance with the rental agreement. But then, given the existing rent arrears, everyone can be evicted from the apartment.

  1. As a result of a divorce (it’s even enough to separate unofficially), when the spouses stopped living together.
  2. The apartment became yours by inheritance or was donated , and completely strangers are registered there (or those whose registration in your home you would not like);
  3. The registered person does not pay his share of the cost of utilities, does not live in the apartment, or there is no news about him at all for a long time;
  4. Inappropriate behavior of the resident : criminal lifestyle, addiction to alcohol and drugs - everything that makes living together unbearable is a sufficient reason for discharge.

How to expel a registered person from a house if I am the owner - answers from a specialist

If parents and a minor were registered in the house, then after the adults are discharged to some other place, the child is automatically registered with them, even if they “forgot” to remove him from the register. If a minor child has to be discharged at the same time as his parents, then permission from the Department of Educational Inspection will be required. Official consent of guardianship can be obtained only if some other residential premises are indicated in which the child can live.

In some cases, the court obliges the owner to provide the tenant with another premises in which he will register. Those. It will not be possible to discharge a person without providing alternative real estate. Or the court will grant a temporary reprieve, during which the tenant undertakes to find another place of registration. The court verdict is influenced by many factors, incl. financial situation of the registered person.

How to discharge a person from an apartment

  • Members and former family members of a citizen who owns housing, if they are at least 18 years old and do not have ownership rights to the occupied area. Check-out and eviction occur based on the request of the property owner.
  • Persons who own and use a residence as a guardian after guardianship has been terminated for any reason.
  • Citizens who were brought to administrative responsibility three times during the year under articles related to the maintenance and use of residential premises. Most often we are talking about the destruction or damage of property, less often - about the use of residential premises for other purposes.
  • Citizens living in an apartment (house) on the basis of an agreement, the terms of which stipulate the possibility of eviction without the provision of alternative housing.
  • Tenants of housing, as well as their current and former family members, if the rental or sublease agreement has been terminated.

The question often arises of how to expel a husband from an apartment or how to expel a wife. Quite often this problem is the result of pressure from relatives, but in general the reasons can be very different. If both spouses agree with this decision, serious problems are unlikely to arise. If the person who wants to be discharged does not agree with this, then the issue will have to be resolved through the court, and if this citizen falls under at least one of the paragraphs of Articles 85 or 95 of the Housing Code of the Republic of Belarus, then the claim will be satisfied.

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Archive number No. 34 (828) dated August 24, 2010 - Sandbox

LEGAL CONSULTATION

“My grandson is registered in the apartment with me; after studying, he went abroad, where he has been working and living for seven years. I have no connection with him; he does not come to Russia. I am a pensioner, I live on one pension, and because of my grandson’s registration, I am forced to pay for him. Tell me, is it possible to sign my grandson out of the apartment and how?” N. G. PROKHOROVA (Kursk).

Of legal significance for resolving this situation is the question of what right you have to use the disputed apartment.

If you occupy an apartment under a social tenancy agreement, then in court you must be guided by the provisions of Article 83 of the Housing Code of the Russian Federation, according to Part 3 of which, if the tenant and his family members leave for another place of residence, the social tenancy agreement for residential premises is considered terminated from the date of departure.

If the apartment belongs to you by right of ownership, then the legal basis for the claim will be a reference to Article 31 of the Housing Code of the Russian Federation, according to which, in the event of termination of family relations with the owner of the residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by agreement between the owner and a former member of his family.

In any case, the issue of deregistering your grandson and terminating the right to use the disputed apartment must be resolved in court, for which you need to apply to the court at the location of the apartment with a corresponding statement of claim.

Your grandson will be the defendant in the lawsuit. If you do not know the place of residence of your grandson, then in accordance with Article 50 of the Civil Procedure Code of the Russian Federation, the court may appoint a lawyer as a representative for him.

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How to discharge an adult grandson from a privatized apartment without the consent

How to discharge an adult grandson from a privatized apartment without the consent. The apartment was privatized in the name of the grandmother; she registered her minor grandson as her guest. The grandson has reached adulthood, and the grandmother wants to change housing. Is it possible to discharge a grandson without his consent? If so, what should the grandmother's actions be?

There are 5 people registered in a privatized apartment (father, mother, two adult sons and the wife of one of the sons), the owner is the father, can one of the sons register his minor child in a privatized apartment without the consent of the owner of the home (the owner of the home is against)?

Can a grandmother discharge her grandson?

Hello, to do this, the grandmother needs to go to court at the location of the disputed apartment with a claim to remove the citizen from the registration register, and according to a court decision, he will be discharged. 2. Can a grandmother discharge her adult grandson from the house she has taken over? 2.1. Hello! If she is the owner, she can by court decision.

2.2. Without the consent of the grandson, this issue can only be resolved in court. 2.3. Was the grandson registered at the time of privatization? Did he refuse privatization in favor of his grandmother?

Or was it registered after privatization? 3. from his apartment if he doesn’t live with her? 3.1. If the grandmother is the owner, then she can take legal action.

4. ? 4.1. For what? We need reasons.

Discharge a grandson from the apartment without consent

In the course of the conversation. What if I want to sell this apartment that I own and buy a new one? At the same time, my grandson will not be discharged from this apartment yet. Can I not register it in a new apartment? And will the grandson be automatically registered with his mother?

After a divorce, the decision to discharge the ex-husband (wife) is a standard situation. If the apartment is not jointly acquired property and there are no legal proceedings on the division of real estate, the procedure is clear and quite simple. In accordance with Article 95 of the Housing Code of the Republic of Belarus, former family members of a citizen to whom the residential premises belong by right of ownership must be evicted at the request of this citizen if they live in the residential premises by right of use or ownership. Alternative housing in this case should not be provided unless this clause is specified in the Marriage Agreement.

Can a grandmother expel her grandson from her child’s apartment?

The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.

We recommend reading: From how many years was social pension accrued in the USSR?

Article 20 of the Civil Code of the Russian Federation. Place of residence of citizen 2.

The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians. January 26, 2020, 08:44 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price.

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Can an apartment owner sign out a registered relative?

To summarize, we can say that the owner of the apartment has every right to write out a registered relative. The legal grounds are clause 4 of Art. 31 LC RF and Art. 288 Civil Code of the Russian Federation. Registration can be canceled either by consent or through court. An important condition is the presence of compelling reasons for the discharge of a relative. The most difficult thing to remove from an apartment are minors, parents and spouses with a share in the property. The easiest way is to deregister your daughter-in-law, brothers/sisters and distant relatives.

  • If a relative does not live at the place of registration, you need to confirm that the tenant has an alternative place of residence. Testimony from neighbors, unpaid receipts (if the personal account is not shared) and other evidence are ideal.
  • If a relative does not pay rent, debts are more of an indirect reason. Especially if the bills come to the owner, and not to the persons registered in the apartment. Alternatively, wait six months - then the housing department or homeowners association will be interested in the tenant. It is quite possible that the utility workers themselves will file a statement of claim in court for an extract.
  • If a relative is rowdy, collect testimony from neighbors and back them up with fresh protocols from the district police officer. Discharging a troublemaker in a municipal apartment in this way is as easy as shelling pears.
  • If a relative damages property, start with a verbal suggestion, and then notify him in writing. You can defend your rights in court only after sending a claim to the violator. To establish damage to property, you can hire an appraiser. The claims will concern not only the eviction of the violator, but also compensation for the damage caused to you.

26 Apr 2020 glavurist 220
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