How to write a mother with a child
Discharged from the apartment woman with a child can be difficult. However, if the circumstances are such that to remove them from the registration necessary, there are legitimate ways to address this issue.
You will need:
- passport; - A document of title to the apartment; - court statement; - A statement of withdrawal from registration.
Instruction how to write a mother with a child
The easiest option - removal from the register at the request of the mother herself. If she does not agree to a voluntary statement, the issue should be solved through the courts.
Before drawing up the statement of claim consider the basis on which you will be able to request statements and check-out. If a woman - your ex-wife, you can remove it from the registration on the grounds that it is no longer a member of your family (Article 31 of the Housing Code of the Russian Federation.). On the same basis it can be discharged her child from a previous marriage. However, their own minor child deprived of the right to use the living area, you can not.
If the privatization of housing moment the woman consented to this procedure, while giving up the equity in it, it has the right to reside in the apartment, regardless of whether a conjugal relationship with the owner survived. Her child is also not deprived of registration, as required to live with one parent.
Quite often there is a situation when a mother with a child is registered in the apartment, but lives at a different address. In this case it is necessary to enlist the support of witnesses, such as neighbors, who can testify that the defendant does not appear at the place of registration.
The statement of claim in detail to present all the arguments in favor of the eviction. Note whether the defendant in other accommodation. If she does not live in the flat, indicate that she left on their own and no obstacles to staying on your living space she was not dissuaded. To suit attach a copy of the certificate of divorce, testimony of witnesses.
Eviction - a complex question. Hire a lawyer who will help to make a claim and thoughtful course of action on the court. It is possible that the defendant submits a counterclaim, demanding settlement and nechineniya obstacles when staying in the disputed apartment. Sometimes the court recognizes this right - especially if the woman has no other living space for your stay.
If your claim is not satisfied, you have the right to lodge an appeal. Sometimes the decision of the trial court is canceled. After receiving a court order about the statement, go to the passport office. Upon presentation of the passport regulations and the mother with the child will be removed from the register.