Is it illegal for a house to be invaded by someone who has violated it?

You're asking a legal question.

If your family sells the house behind your back, you can seek the Housing Authority to revoke the transfer contract, if it cannot be resolved, you can file an administrative reconsideration with the housing management department at the next higher level, and if you are not satisfied with the reconsideration, you can sue the Housing Authority in court. You can also go directly to the court to sue the housing authority without reconsideration.

When the housing authority revokes the contract or the court rules that the transfer contract is invalid, you can ask your brother to move out, and if you don't agree, you can just ask the property security guard or the police to clear him out.

Addendum: It seems that selling the house is also your will, so the problem is only with you brothers. If the old man has a will, it is naturally easy to do, and the will belongs to you, and no one else has the right to encroach on it.

If it is an intestate inheritance, and this apartment is your share and your brother has already obtained another share, then you naturally have the right to dispose of the property, and your brother has no right to intervene.

You can negotiate and ask your brother to move out, and if you don't agree, you can just ask the property security guard or the police to clear him out. Just show the property or the police the transfer contract, the security guard or the police will clear it for you, and then you will hand over the keys to the buyer.

If you can't do it, you can bring in the buyer, and he has the right to find security guards and police to clear people.

You explained it very clearly, there are 2 situations:

1. If the old man left the property to you and the other property to your brother when he died, then you are exercising your right to sell the house, then you can ask your brother to move out, negotiate first, and if the negotiation fails, you can sue the court.

2. If the old man did not specify who was the owner of the house when he died, but only because the house was registered in your name, the house does not belong to you of course, depending on what the old man's will says, if not, you and your brother jointly own the house. Now that you have sold the house, and the buyer of the house has taken ownership of the property based on trust in your name on the title deed, your brother has no right to stop you from selling, but your brother has the right to receive half of the price you received from selling the house.

1. If the house is in your name before it is transferred to others, then the ownership of the house is yours, and you have the right to dispose of your own property and have the right to buy and sell.

2. Now you have sold the house to someone else and it has been transferred, and the ownership of the house is someone else's.

3. People have the right to ask your brother to move out of the house, if your brother refuses to move out, they can sue the court and apply to the court for enforcement.

You are a family, negotiate and settle it first;If you can't do it, you can report it and sue the other party for illegal property theft, because you have a real estate certificate.

According to what you said, the ownership of the house has been transferred, and your brother's occupation of the house is an infringement, and the owner sues your brother, what are you anxious about?

Shouldn't the house be half with your brother?

The encroachment of a house is a criminal offense and may constitute the crime of trespass or trespass into a private residence. If the crime of trespass is constituted, the sentence is up to two years imprisonment, short-term detention or a fine, and if the crime of illegal trespass is constituted, the sentence is up to three years imprisonment or short-term detention.

[Legal basis].

Article 245 of the Criminal Law.

Whoever illegally searches another person's body or home, or illegally trespasses into another person's home, is to be sentenced to up to three years imprisonment or short-term detention.

Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Article 270.

Where the property of others in custody is illegally taken for personal gain, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given;where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.

OK. However, the police are of little use, and it is more effective for the court to prosecute and resolve it.

The crime of trespassing into a citizen's home is the act of entering a citizen's house against the will of the members of the house or without a legal basis, or refusing to do so after being asked to do so after entering the house. According to article 245 of the Criminal Law, a case shall be filed for illegal trespass into another person's residence. This crime is an act, and as long as the perpetrator illegally and forcibly breaks into another person's house without the consent of the owner of the house, or refuses to do so without reason after being asked to do so, in principle, this crime is constituted and a case shall be filed and investigated.

Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention.

The occupation of the house is the occupation within the scope of civil affairs.

If the landlord has the title deed of the house, then he can prove the ownership of the house and have the right to ask the occupier to move out. If the other party has a bad attitude and is arrogant and refuses to move out, you can forcibly kick the other person out of the house.

If the other party is large in number or the other party is a strong party and cannot reclaim the occupied house by personal force, then legal means can be resorted to. It is a good way to go to court, and generally speaking, the court will rule in favor of the homeowner and the occupant will move out of the house. The problem encountered here is that the other party accepts the judgment but still refuses to leave, so it is recommended to use the coercive force of the law to enforce it.

In the event of a dispute over the occupation of the property, the other party may not necessarily take care of the internal facilities and furnishings of the house. If the owner finds that the internal structure has changed, the facilities and furnishings have been damaged in the process of repossessing the house, he may request the occupier to restore the original state, and if he cannot restore the original state, he may claim compensation for losses.

If you are renting a house, you can settle the rent according to the period beyond the rental period and ask the other party to pay the corresponding rent.

1. Do you generally need to file a case for illegal invasion of private houses?

Where a case is filed for illegal trespass into another person's home. This crime is an act, and as long as the perpetrator illegally and forcibly breaks into another person's Taisho residence without the consent of the owner of the house, or refuses to leave without reason after being asked to do so, in principle, this crime is constituted and a case shall be filed and investigated. According to article 245 of the Criminal Law, a person who illegally searches or repents of another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

1. If the house is occupied, the dispute can be resolved through negotiation with the other party; 2. If the negotiation fails, the court can file a lawsuit and the court will have jurisdiction to settle the matter; 3. If the other party constitutes the crime of embezzlement, the other party can be investigated for criminal responsibility and sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine.

Article 267 of the Civil Code of the People's Republic of China protects the lawful property of private individuals, and it is forbidden for any noisy organization or individual to occupy, loot or destroy it.

Legal analysis: 1. The crime of illegal trespass refers to the act of entering a citizen's house against the will of the members of the house or without a legal basis, or refusing to leave after entering the citizen's house after being asked to do so.

2. As long as the perpetrator illegally and forcibly breaks into another person's house without the consent of the owner of the dwelling, or refuses to do so without reason after being asked to do so, in principle, it constitutes a crime and shall be filed and investigated.

Criminal Law of the People's Republic of China》 Article 245 Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

If a house is occupied, the sentence varies according to the specific circumstances, constituting the crime of encroachment or the crime of illegal invasion of the house. Whoever commits the crime of embezzlement is to be sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Whoever commits the crime of trespassing into a dwelling shall be sentenced to up to three years imprisonment or short-term detention.

[Legal basis].

Criminal Law of the People's Republic of China》 Article 245 Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment. Article 270:Whoever illegally takes possession of another person's property in custody and the amount is relatively large and refuses to return it, is sentenced to up to two years imprisonment, short-term detention or a fine; Chong friends where the amount involved is huge or there are other serious circumstances are to be sentenced to fixed-term imprisonment of not less than two years but not more than five years and a concurrent fine.

Where someone else's forgotten or buried property is illegally taken into possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime shall be dealt with only if it is told.