How to turn out the children?
Once upon a time there was a usual Russian family - the husband, the wife, children. And all - that at them was good, - and in the house prosperity, and the apartment in the center (the truth, husband`s, that is is acquired by it even before marriage). But this circumstance does not confuse the wife at all. “ Spouses have all the general and I am registered with children in the apartment constantly “ - she fondly believes.
But here in the relations of spouses something went wrong. As a result - divorce and a maiden name. A question with education of children which - as solved, the acquired property is thin - poorly divided. But the husband decided not to be satisfied with what has already been achieved. Being a person competent and widely-read, having attentively studied our laws, he appeals to court with the claim for eviction of the former relatives (the wife and children) from the apartment. The court sides with the claimant and moves the woman with children on the street.
“ Is that so! “ - the reader, inexperienced in law questions, will exclaim. “ Unless our, most humane court in the world can, expel poor babies on the street? “. Can. The situation described in article is absolute is real.
But how it can be explained? Very simply. The country entered market economy long ago. Therefore, the laws adopted in this country have to be market too, that is guard interests of the owner.
The new Housing code adopted on March 1, 2005 pursues this aim too. The right of a private property for premises dominates over a right of use. In article 32 it is directly specified that “ in case of the termination of the family relations with the owner of premises the right of use of these premises for the former member of the family of the owner of these premises does not remain if other is not established by the agreement between the owner and members of his family “. the attentive reader by all means will ask
In this place a question - “ And unless children after divorce of parents stop being children of the parents? “. No, of course not. Yes only courts consider not vital bonds, but the fact of maintaining the general economy. If children remain with mother who does not live one family with the ex-husband any more, so they stop being members of the family of the father. There is such paradox!
Of course, the similar situation can happen also to the man if he is installed to the apartment of the wife. But it is about children! And they, as a rule, remain with mother. And it is much simpler to solve housing problem to the man, than the woman with children. On that it and the man!
The problem, probably, became such actual that statesmen attended to it. Not so long ago from lips “ the main thing according to the " national projects; D. Medvedev the criticism to the Russian vessels which are allegedly incorrectly applying the law sounded. But so far nothing changed. And judgments on eviction of the former members of the family of the owner of premises become more and more.
And in conclusion council. Dear wives! Attentively read the article of the law quoted above and pay attention to the words “ if other is not established by the agreement between the owner and members of his family “. Being installed to the apartment belonging to your husband make with him the agreement that you and your children get a right of use of the apartment which remains anyway. Even in case of divorce!