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It is possible to sue, but it is best to negotiate a settlement.
If the house is transferred, it should not affect your settlement.
If the house has not been transferred, it will be troublesome, because legally the house is still owned by the original landlord, and you can only negotiate with an agent or the original landlord.
If the seller does not move out of the household registration after the expiration of the time limit agreed in the contract, he can go to the police station with the property right certificate and the sales agreement to freeze his household registration. His hukou will no longer be able to be moved, and if he needs to apply for a household registration certificate, or if his ID card is lost, he needs to apply for a new one, and all other matters related to his hukou, then he will no longer be able to handle it. At this time, he will take the initiative to find the door.
Of course, the loss caused to the buyer is also immeasurable. It can only be said that this is a lose-lose solution.
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Prosecute him, illegal possession of private property! Protect your legitimate rights and interests with the help of the law.
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Under normal circumstances, if the house has someone else's hukou, then if you don't move out, it will definitely not be sold, and someone else will definitely need to move into your hukou when you buy your house, and the only way is to move someone else's hukou out.
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If this is the case, a lawsuit can be filed. But it is better to negotiate a settlement, because the lawsuit is a long time to go.
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If the house is yours, but the other person's hukou has not moved out of the house, then you can ask the other party to move out, and if you don't move out, you can sue directly.
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If there is someone else's household registration on the house and you don't move out, you can't buy or sell the house. If you can contact the hukou, you can ask him to move the hukou.
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In this case, after some peripheral matters are dealt with, those who should be moved away will be moved away. After all this is taken care of, he can sell it as you want to sell it in the future.
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In this case, I don't think it will affect you! Only one of the husband and wife is divorced, but if the house is sold, it must be approved and signed by him, and nothing else.
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The house has someone else's hukou, and it can't be sold if you don't move out, what should I do? There is no one else's name on the real estate certificate, it is your own name, you can buy and sell the household registration, and it doesn't matter if you move away or not.
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Hello friend, you said that the real estate deed has someone else's name on it, right? It takes two people to agree at the same time to be able to sell the house, and the other party disagrees that the house cannot be sold, and the two of you need to negotiate and settle it.
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In our daily life, selling a house has also become a hot topic, many people sell their own Fengsui house, and then use the money from the sale of the house to buy a new house, today I will tell you about the house sold and there is no place to move? I hope it can help you, and interested friends can follow the children to learn about it.
1. What should I do if I have no place to move my house after selling my house?
1. When the house is sold, there is no other real estate under the name, and your household registration does not know to sign the first time, you can move Yinchangbu to the immediate family or other relatives in the same city, according to the relevant policies, we can temporarily move these households into the immediate family or other relatives, provided that the consent of the tenant or property owner is required.
2. You can also move into the public household, in fact, the public household registration is the community neighborhood committee and the public collective household, if you meet the relevant conditions, you can move the household registration to the community collective household, or sign in to the company's collective library, and then move out of the new house after you buy a new house.
3. If there is only one house, and your hukou has moved out, and you don't know how to move to, we can also temporarily not move out of the original hukou, you can explain the situation with the buyer first, and let the buyer relax the seller's migration period, which needs to be agreed by both parties, depending on how the buyer and the seller negotiate.
4. You can also apply for community trusteeship, which needs to go to the police station or the local community for quick consultation, whether there is this policy, because this policy is not available in some places, and there are places where there is, bring the household registration book, ID card, sales contract and no real estate certificate procedures to understand whether the community can be registered for trusteeship.
The above is a summary of the relevant content and information about what to do if the house is sold and there is no place to move, I hope it can help you. If you have any other questions, you can leave a message at the bottom of the platform, and we will solve the problem for you in time. Finally, if you have any questions about home furnishing or home decoration, you can pay more attention to Qeeka Home.
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Legal Analysis: It is possible to sue, but it is better to negotiate a settlement.
Legal basis: Civil Code of the People's Republic of China
Article 303: Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, they shall follow the agreement, but if the co-owners have serious reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.
Article 304:The co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided without diminishing the value of the forest and the value of the property due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided. Where the immovable or movable property obtained by the co-owners is defective, the other co-owners shall share the losses.
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First of all, the schooling of the buyer's children will be affected, many people buy houses to let their children go to school or attend prestigious schools, but such schools will require the child's household registration must be in the corresponding area, if the seller does not move the household registration, and occupies the degree, it will be difficult for the buyer's children to enroll.
Secondly, after paying a high amount of money for the purchase of the house, the buyer should have full control and use of the house, but the seller's failure to move the hukou means that someone else's hukou is still on his own house, which makes many people psychologically unacceptable.
Finally, if the seller's household registration does not move out, then the address information on his ID card and household registration book will not change.
1. How to avoid disputes over hukou migration.
The contract clearly stipulates the terms of the migration of the hukou.
Buyers, especially those whose main purpose is to solve their children's enrollment or urgent need to settle down, should fully understand the household registration status of the house involved in the case before signing the sales contract. For buyers whose main purpose is to purchase "school district housing", they should clearly omit to stipulate the use of the corresponding student status in the housing sales contract in accordance with the enrollment policy of the corresponding school.
Confirm the migration of the household registration with the registered person in writing.
Before signing the sales contract, both parties are advised to confirm with all registered persons whether they can move out of the household registration and the corresponding time limit for relocation. In particular, registrants other than the owner should confirm the status of their household registration in writing.
Learn about the settlement policy with the public security organs in advance.
The issue of household registration relocation is within the scope of the public security organ's household registration management, and there are certain differences in different regions, so it is recommended that the buyer consult the local police station about the relevant settlement policy of the house involved in the case. Buyers are especially reminded that the actual living conditions of the house should be considered when settling down.
Verify the use of student status with the education department in advance.
Buyers whose main purpose is to purchase "school district housing" should verify the relevant enrollment policies and the use of the student status of the housing involved in the case with the school and education department in advance. If the school district has restrictions on the use of student status, it is recommended that the use of enrollment indicators and the corresponding liability for breach of contract be clearly stipulated in the contract. If the purpose of the contract for the buyer's purchase of the "school district house" cannot be achieved due to the seller's fundamental breach of contract, the buyer has the right to request the termination of the contract and claim compensation for the loss of the price difference of the house, the loss of resale interest and other losses of available benefits.
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The account has an impact.
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