The mobilized person was wanted to be deprived of the right to housing - what the court decided.

In Khmelnytskyi, a woman decided to resolve her disputed situation with her ex-husband through the court. She wanted him to be deprived of the right to use their joint housing, but since he is a serviceman, the court decided otherwise.

The court ruling was published in the Unified State Register of Court Decisions.

Case Details

The woman explained that her husband left their joint housing immediately after the divorce and had not returned there for six months, failing to pay utility bills and not helping with their maintenance. Due to this, the local court decided to deprive him of the right to use the housing.

However, the husband filed an appeal, claiming that he has not lived in the apartment since March 1, 2022, due to his service in the Armed Forces of Ukraine.

Court Decision

The appellate court established that the couple received this apartment back in 2006 and has been using it under a lease agreement from the state housing fund. Both are registered at this address.

Despite the fact that the husband has not lived in the apartment for quite a long time, the court decided that his right to use it cannot be revoked due to his service.

'The collected evidence shows that since March 1, 2022, the serviceman has been on military duty during a special period. Therefore, he cannot be deprived of the right to use the apartment for not residing in it after this date.'

As a result, the appellate court overturned the previous ruling and denied the woman's claim.

We remind that recently we published articles about property rights and the consequences of shelling for property owners.