Instruction
1
If housing is not privatized, but your ex-husband, living separately does not pay utilities, do not rush to leave him, to discharge him without trial, you can not, because according to article 71 of the housing code, the temporary absence of a member of the family of the employer shall not entail for him, the loss of the right to use the apartment. But you can contact the municipality and request that privatized apartments were forcibly exchanged. If such an exchange is not possible, then you have the right to address in court with the claim about recognition of the former husband has lost the right to the enjoyment of the housing. The reason for this can be considered a voluntary move to another room or apartment and the abandonment of responsibilities for maintenance of the disputed apartment. After receiving a positive judgment, you can solve the issue with his statement.
2
In that case, if the apartment is in your possession and were purchased before the marriage, the issue can be resolved faster. According to article 31 ZHK the Russian Federation the property right of your spouse to the apartment shall be automatically terminated at the time of divorce with you. You can write ex - husband out of the apartment without his consent. Contact with the claim about its eviction in court, referring to part 4 of article 31 of ZHK of the Russian Federation. On the basis of a court decision, you can write him out of the apartment.
3
It also happens that you lived and were registered together with the husband in the apartment of a relative. The apartment was owned by a relative, and he then gave you. In this case, you can also write of it your ex - husband, because according to article 292 of the civil code, ownership was transferred to you, and it is grounds for termination of the right of use of the apartment of your ex-husband. To write it you can also on the basis of the court decision on eviction.