In many cases where spouses have lived together in an apartment owned by only one of them, the question of eviction and deregistration of the person not owning the property arises after divorce. People often seek help from a family lawyer regarding their housing rights to find the best solution in such complex situations.
After the dissolution of the marriage, the owner may face several issues, including:
- If the former partner moved to a new residence after the divorce but did not voluntarily deregister from the previous home.
- If the former family member moved abroad permanently without formally deregistering from the apartment and cutting off contact.
- A person who is not living in the apartment but insists on the right to use it due to being registered there.
- A situation where the person continues to live in the apartment owned by the former partner and refuses to leave.
Every individual has the inviolable right to freedom and rights guaranteed by the Constitution of Ukraine. No one can deprive the owner of their right to fully use private property. This is clearly defined in the Civil Code, which reveals the essence of private property as a thing or property belonging to an individual by law and can be used at their discretion.
After marriage, the spouse of the property owner gains the right to live in and use the living space free of charge, as outlined in the Housing Code of Ukraine. The family also includes the owner’s children, parents, and other relatives living with them and participating in household management.
However, in the event of a divorce, former spouses lose these rights as they cease to be family members. The decision on the further use of the living space is entirely up to the owner, who may decide whether to share it with anyone.
In considering such a situation, it’s essential to consider several legal nuances. First, if the property was acquired before marriage, gifted, or privatized, you can deregister the former partner by contacting the Migration Service. Second, a former spouse can be deregistered if the property was acquired during the marriage, gifted, or privatized, although this process is complicated and requires going to court. Each case requires thorough examination and may need an individual approach to resolution.
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All these aspects require careful consideration and necessary legal consultation to find optimal solutions for all interested parties. With highly qualified legal support from specialists at the Lawyers and Realtors Association of Ukraine (AROU), you can:
- Understand how to properly prepare for a legal process and what documents need to be collected.
- Receive competent advice from an experienced specialist and understand the potential outcomes of filing relevant court applications.
- Get support in the preparatory phase and during the court proceedings.
- Ensure full protection of your interests during the court process.
Only a responsible approach to your situation will help avoid illegal actions by the former partner and achieve their eviction from the apartment and deregistration by court order.
