Can I remove my adult son (19 years old) from the apartment without his consent? He currently lives in an apartment. Is not the owner. Doesn't pay utilities. There is a permanent bar in his room

Nowadays, you can’t do without registration in a certain living space. Every person must have a mark in their passport indicating their place of residence at birth, and they are the holder of certain rights:

Possibility to live in a certain area;
Use property located in the place of residence;
Without registration it is impossible to become an individual entrepreneur;
You can issue a pension certificate and TIN;
Receiving subsidies and various benefits;
Send children to kindergarten and educational institutions;
Possibility of employment;
Register your children or other relatives in the home.

Attention! Nowadays the terms “extract” and “registration” are no longer used; recently this action has been called registration and deregistration at the place of residence. But most people are accustomed to these concepts, so the article will use the old names.

But there are many moments when it is necessary to remove an adult child from an apartment, even without his consent.

Is it possible for parents to expel an adult child from the apartment?

If children have already reached adulthood, then they can be discharged in the same way as other residents. The guardianship authorities in this situation cannot interfere in matters. If a person does not want to be discharged voluntarily, then this process can only be carried out in court. Extract takes a short amount of time; you just need to write an application to the owner of the property. But this is easy to do if the children do not own a share in the property. There are several other points that hinder discharge:

Can a mother sign her son out of the apartment?

I am 23 years old. My own mother wants to sign me out of the apartment where I am registered and live with my brother, grandmother and stepfather. The mother is the sole owner of the home. My relationship with her deteriorated when I married a girl from out of town. The mother is afraid that her wife will claim her apartment. They ruin my life in every possible way: my mother and stepfather forbid me to use the bathroom and toilet, they moved me into a small room where my grandmother lives. Tell me: can I be discharged without my consent? And can I legally demand the allocation of my share in my mother’s apartment?

Thanks in advance. With respect, Roman.

First of all, keep in mind: according to housing legislation, you have the status of “family member of the apartment owner.”

! According to Art. 31 of the Housing Code, spouses, parents and children living with the owner are recognized as family members, regardless of age (even after adulthood).

According to the law, family members have the right to use residential premises EQUALLY with its owner, unless otherwise established by a special agreement of the parties (Part 2 of Article 31 of the Housing Code).

Thus, the mother has no right to evict you or limit your natural needs for using the housing (visiting the bathroom, toilet, kitchen, etc.).

If you don’t agree to live in “grandmother’s little room” and think that this is clear discrimination (let’s say there is another free room and you are not allowed there), then you can go to court. The basis for this, in addition to the Housing Code, is an important rule of the Civil Code of the Russian Federation (clause 3 of Article 292 of the Civil Code): members of the owner’s family can demand elimination of violations of their rights to residential premises from any person, including the owner himself.

In court, you can raise the question of determining the procedure for using housing, in particular, about allocating a specific room for you to live.

There is no talk of allocating your share in the ownership of housing, since the mother is the only owner, and you, as a family member, only have the right to use the living space (that is, the right of residence).

As for deregistration at the place of residence (as “extracting” from an apartment is now correctly called), this procedure is a consequence of the loss of the right to use living space and (or) eviction. Since your mother has no right to evict you, she cannot “discharge” you on her own.

Advice: before taking the matter to court, try again to conduct “peace negotiations” with your mother. The following arguments will be useful to you:

first, calmly, confidently, but without aggression, explain that the law is on your side - tell us about your rights to full use of the living space and maintaining registration (see above);

secondly, reassure your mother: according to the law, your spouse cannot in any way lay claim to living space. The very fact of your marriage does not allow her to move into the apartment or register - this is only possible with the consent of the mother-owner. Moreover, if you have a child, then according to Moscow rules, even a baby cannot be registered with you in the apartment unless your mother agrees.

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Reasons to discharge a child

An adult heir can be discharged from a home only if it is proven that there are no family relations between him and his parents, and in fact he is no longer a family member.

Important! Family relationships should not be confused with consanguinity, since they will continue to be relatives, even if the person is no longer legally part of the family.

You can discharge an adult from an apartment if:

Children do not participate in housekeeping on an equal basis with their parents;
An adult living in an apartment does not contribute to the family budget;
There is no mutual support between family members;
The heir does not live in the living space and does not pay mandatory utility bills at all. This is not a mandatory condition for eviction, but is an additional reason for the court to discharge an adult.

What address to indicate in documents

This is one of the most frequently asked questions. For example, an adult child does not live in the apartment. Which address should you ultimately write down in the documents—the actual address or the registered address? What if the actual address is unknown?

According to the logic of the court, the defendant’s residential address is considered to be his registration address - paragraph 63 of the Resolution of the Plenum of the Supreme Court of June 23, 2015 N25. Therefore, in the statement of claim and other documents, we indicate the address of the adult child’s residence as the address of the apartment from which we want to discharge him. The plaintiff is not required to know where the defendant actually lives.

All subpoenas to the defendant will be sent to the address of the apartment according to registration (where he may not live) - Art. 113 Code of Civil Procedure of the Russian Federation. If he does not receive a summons (because he does not live there), the court will still consider him notified. Receiving any correspondence is a citizen's responsibility. Everything is legal here. If the defendant does not appear in court, the case will be considered without him - clause 4 of Art. 167 Code of Civil Procedure of the Russian Federation.

A family member owns a share of the property

The law does not provide for the transfer of property upon the birth of an offspring. Parents can only donate housing, but, as a rule, this action is performed very rarely, only under forced circumstances.

It’s another matter if the living space has been privatized, then adult children can legally claim part of it, and it’s not easy to sign them out. When using maternity capital to expand space or purchase a new apartment, guardianship authorities may require a share in the future home for the child. Also, the born person lays claim to the property inherited by the parents or which was donated to them.

In these cases, when an adult is the owner of the property, it is not possible to extract him from the home without his consent, even if the residence of the children is not confirmed. But at the same time, the discharge of an adult cannot affect the assignment of his ownership of real estate. In this situation, in the place of the parents, you can only challenge the transaction of transferring part of the living space into ownership.

How can you leave your accommodation?

All rules regarding the process and its timing are reflected in the regulations:

These sources define on what grounds, how and where to apply in order to discharge someone who does not agree with this. It can be done:

at the police station (UVM UMVD);
in the MFC (multifunctional center);
.
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If a person does not consent to deregistration, before submitting documents to the registration authority, it is necessary to obtain a court decision on forced deregistration. As a rule, 2-3 months pass from going to court until the decision enters into legal force.

The standard time frame for deregistration is 3-5 days. In order to begin the procedure, you must complete an application and attach to it:

applicant's passport;
a document confirming ownership (extract from the register, certificate) or a lease agreement;
the court's decision.

Read more about how to check out of residential premises.

What rights does the owner have?

In accordance with paragraph 1 of Art. 209 (hereinafter referred to as the Civil Code of the Russian Federation), the right of ownership is multi-component. It includes the right of possession, use and disposal. This also applies to the right of ownership of an apartment (Article 288 of the Civil Code of the Russian Federation).

The owner can not only live in the apartment, but also decide with whom he wants to share the roof over his head.

Family members of the owner of the premises have a special privilege, who can demand elimination of the violation of their rights from everyone, including the owner himself. However, this is associated with obligations to pay for the premises, and failure to fulfill them is a direct basis for discharge through the court.

In addition, the owner can remove people from an apartment without their consent in other cases:

breakdown of family relationships;
living in another place;
the resident's behavior deviates from the norm.

Common to all situations is the judicial procedure for deregistration at the initiative of the owner.

Discharge of a person to nowhere

As a rule, the court pays attention to whether the person being discharged has another living space for registration. This is especially true for minors. As a general rule, they can be discharged from housing only upon subsequent registration in another place.

But sometimes not having another place to live doesn't matter. This happens when there is a change of ownership. The new owner has no relation to those who were registered by the previous one, so according to the law, people can be discharged to nowhere.

To understand whether the owner of the house can discharge a relative to nowhere, you need to reason based on the degree of relationship and circumstances. Most often, such an extract occurs on a general basis. But relatives cannot be expelled from an apartment in which they could have received ownership rights, but abandoned it during privatization.

More about whether it is possible to leave the apartment for nowhere.