What to do if the house account is occupied

What should I do if I have someone else's house in my account?

Legal analysis: You can go to the local police station to inquire about the situation.

Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 10 When a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for the registration of moving out before moving out, obtain the certificate of relocation and vertical relocation, and cancel the household registration. Citizens who move from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority.

Citizens moving to border areas must be approved by the public security organs of the county or city where they habitually reside.

1. The sales contract does not stipulate a solution with a specific compensation standard. In the event of such a dispute, the buyer is advised to actively negotiate with the seller and give him the necessary time to relocate all the accounts in the house; At the same time, in the course of specific negotiation, the two parties may agree on the specific standard of compensation liability or the calculation formula for the interception of potatoes by signing a supplementary agreement to prevent the seller from maliciously breaching the contract.

2. Directly stipulate in the supplementary agreement to the sales contract that the seller shall be liable for compensation for refusing to transfer the account.

3. For the problem of household account migration, the buyer can reserve part of the house price and pay the part of the house price after the seller has migrated all the accounts in the house; If the seller fails to move all the accounts within the time limit agreed in the contract, the seller shall pay liquidated damages in accordance with the standard agreed in the contract. In this case, according to the sales contract, it was the seller's contractual obligation to move out of the house, and the seller should unconditionally move out at the time agreed in the contract, regardless of whose household registration was in the house. The seller cannot refuse to move out on the grounds that the household registration in the house does not belong to him, otherwise he shall be liable for breach of contract. After the seller bears the liability for breach of contract to the buyer, the seller may pursue the liability for breach of contract against the buyer in accordance with the provisions of the sales contract signed between the seller and the buyer.

The above is the answer to what to do if the original owner does not move the household registration after buying a house.

The measures to deal with the occupation of the house are: 1. The illegal occupier may negotiate and request the illegal occupier to relocate; 2. If the negotiation fails, a lawsuit may be filed with the people's court to demand that the illegal possessor return the original property and compensate for the loss; 3. If the possessor refuses to enforce the court judgment after winning the lawsuit, he can apply to the people's court for compulsory enforcement.

[Legal basis].

Article 224 of the Civil Procedure Law of the People's Republic of China: Civil judgments and rulings that take legal effect, as well as the property portion of criminal judgments or rulings, are to be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located. Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located. Article 228:Enforcement work is to be carried out by executives.

When compulsory enforcement measures are taken, the enforcement officer shall present his or her certificate. After enforcement is completed, a record shall be made of the execution and signed or sealed by the relevant persons present. The people's courts may establish enforcement bodies as needed.

The measures to deal with the house being occupied by someone else are as follows:

1. First of all, the illegal occupier can negotiate, and the illegal occupier should be cautious to relocate;

2. Secondly, if the negotiation fails, a lawsuit can be filed with the people's court to demand that the illegal possessor return the original property and compensate for the loss;

3. If the possessor refuses to enforce the court judgment after winning the lawsuit, he may apply to the people's court for compulsory enforcement.

If a house is occupied by someone else, you can sue according to the following process:

1. Write a complaint and collect evidence of the other party's encroachment on the house;

2. File a lawsuit in the people's court with jurisdiction and submit the complaint and its copy;

3. After the court accepts the case, the case will be filed if the conditions for prosecution are met;

4. Provide evidence in accordance with the prescribed time limit for presenting evidence;

5. Participate in the litigation in accordance with the time and place of the notice.

[Legal basis].Article 224 of the Civil Procedure Law of the People's Republic of China.

The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property being enforced is located.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located. Article 233.

Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

1. Hukou relocation is within the scope of the public security organ's household registration management, the court will not accept and hear the hukou relocation dispute, and the public security organ has no right to compel the original homeowner to move out of the hukou, so if the original homeowner refuses to cooperate, there is no effective legal measure to force the original homeowner to move out of the hukou The "Regulations of the People's Republic of China on Hukou Registration", which came into force on January 9, 1958 and is still in force, stipulates: "The household registration work shall be under the supervision of the public security organs at all levels. If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration before moving out, obtain a migration certificate, and cancel his or her household registration.

In accordance with the above-mentioned provisions, all household registration management work, including the declaration of household registration and moving out, is under the supervision of the public security organs, and falls within the scope of the administrative management duties of the public security organs, and the above-mentioned work does not fall within the scope of the people's courts' jurisdiction. Disputes between parties involving the relocation of household registration based on the sale and purchase of second-hand houses do not fall within the scope of acceptance by the people's court, so the people's court has no jurisdiction to accept disputes related to the relocation of household registration.

Since the consent and cooperation of the head of the household is required to move out of the household registration, and the head of the household is required to submit the corresponding approval documents and a new address, the public security organs cannot compulsorily require the original head of household to move out of the household registration if the above conditions are not necessary and the original head of household does not cooperate.

2. The refusal of the original owner to move out of the household registration does not affect the new owner to re-settle in the house.

According to the basic principle of household registration management, in principle, only one household registration should be established for a house, but there can be multiple members in one household. When we were demolishing old houses, we did encounter a situation where a house had several hukou, but all of them belonged to the situation where the immediate family members settled down alone after they became adults.

Due to the fact that there are many cases in the process of second-hand housing sales, the original owner refuses to move out of the household registration, which seriously affects the new owner's household registration work. We consulted with the household registration management departments of Chaoyang District and Haidian District, and the current feasible operation method is as follows: if the original homeowner refuses to move out of the hukou, the new homeowner can apply for a new hukou for the house, and the original homeowner's hukou will be displayed as "empty" in the hukou system, so as to solve the problem of the new homeowner's settlement.

3. The new homeowner can require the original homeowner to bear the corresponding liquidated damages on the grounds that the original homeowner has not fulfilled the obligation to move out of the household under the "Commercial Housing Sales Contract" For the new homeowner, if the original homeowner refuses to perform the obligation to move out of the household, he can file a lawsuit with the court to require the other party to pay the liquidated damages for moving out of the account for overdue.

It should be noted that the new homeowner's claim can only require the original homeowner to pay liquidated damages, and he cannot ask the court to order the original homeowner to move out of the household registration within a time limit.

In conclusion, a lawsuit can be filed to demand liquidated damages from the other party, but it is not possible to require the other party to forcibly move out of the household registration. If the total amount of liquidated damages for the other party to move out of the account exceeds 20,000 yuan, the other party can claim debt set-off and no longer pay the remaining amount to the other party.

1. Migrate to a local immediate family member's home.

2. Find a friend or acquaintance, go to the local ** to go through the rental procedures, and then the household registration falls in this friend or acquaintance's house.

3. Go to the real estate trading center to apply for a certificate of no house, and then hang the household registration at the police station where the current household registration is located.

4. Discuss with the landlord to move out later, or simply put the account with the new buyer and give some gratuity every year.

5. You will not necessarily fall in the talent market in this situation. However, you can find a unit with a collective household registration to settle down, no matter which of the above methods, you must first consult the household registration department of the local police station before moving out, otherwise you will become a black household after moving out.

Answer 1: There will be no conflict of interest; 2. Demolition compensation is compensation for the owner of the house, which has nothing to do with the household registration; 3. With the legal certificate of ownership, you can go to the police station to move your household registration. 4. Now many cities sell second-hand houses and require the seller to provide the vacancy certificate issued by the police station where the house is located, otherwise the transfer will not be made, I don't know if there are such regulations in Shanghai. It is not possible to apply for compulsory eviction of the hukou, the court will not accept such a case, and the public security department cannot forcibly evict someone else's hukou.

Therefore, in the transaction of second-hand housing, household registration is a very important issue. Some places seem to have introduced countermeasures, such as an empty hukou, you can go to the local police station for detailed consultation. 5. The buyer and the seller establish information communication channels, the buyer understands the overall status of the house and the property rights, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.

6. If the house provided by the seller is legal and can be listed for trading, the buyer can pay the deposit for the purchase of the house (the payment of the deposit for the purchase of the house is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and the seller sign the house sale contract (or the house sale contract). 7. After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery time of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale contract. Real and detailed second-hand** Essential practical classics for buying a house Nationwide business to help you Blue shore decoration changes life.

8. The buyer and the seller jointly apply to the real estate transaction management department for review. After the buyer and seller submit the application procedures to the real estate management department, the management department shall check the relevant documents, review the property rights, and approve the transfer procedures for the houses that meet the listing conditions.

Hello, call the police and change the account back.

Your house is occupied, and you can move out of the police station near the jurisdiction you occupy to your future. Place of residence.

What if your house is indeed occupied? Then you can call the police and ask the police to help you get the house back.

You can go to the family registration window of the police station to change it.

To check whether the housing account is occupied, you can go to the police station in the jurisdiction corresponding to the house to inquire.