What should I do if I refuse to move out after buying a house?

If the current right holder or tenant applies to move out of the original household registration in the house due to the transfer of the sale, the public security police station where the house is located shall notify the original household registration personnel to move out, and if they refuse to move out or cannot be notified, they may directly move their household registration into the community public household.

Therefore, it is recommended that when the buyer agrees that the seller moves out of the account, it also stipulates the liability for breach of contract if the seller does not move the account, and if the buyer files a lawsuit with the court for this breach of contract, it is a contract dispute, which will be accepted by the court and can be enforced.

In addition, in order to put continuous pressure on the seller, the liability for breach of contract for non-relocation should be calculated on a daily basis until the seller moves out. Liquidated damages should not be agreed upon as a fixed amount.

The court sued to move out, but because the hukou issue is within the administrative scope of the public security organs, and whether or not to relocate is subject to the approval of the public security organs, the court cannot directly decide, and the court cannot enforce such disputes even after the judgment.

Generally, try not to wait until the seller receives the balance before signing the contract, and then give the remaining part of the money to buy a second-hand house before moving out, it is best to check whether the house has a registered account in the local household registration jurisdiction.

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.

The new homeowner may 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 registration under the "Commercial Housing Sales Contract". At present, the current second-hand housing sales contract (Construction Committee version) in Beijing clearly stipulates the obligation of the original head of household to move out of the household registration and the clause that he shall bear the liability for breach of contract if the application is overdue. If the buyer and seller agree on the time limit for the original head of household to move out of the household and the corresponding liability for breach of contract in the clause, the agreement is legal and valid, and it can be upheld by the court.

For the new homeowner, if the original homeowner refuses to fulfill the obligation to move out of the household, he can file a lawsuit with the court to demand that the other party pay liquidated damages for the late move-out of the household. 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 overdue eviction of the account exceeds 20,000 yuan, you can claim debt set-off and no longer pay the remaining amount to the other party.

1.The buyer shall apply to the police station for moving into the household registration with the property right certificate and the house sale contract; Then replace the head of the household in the household register directly with the buyer; The household registration of the original owner is still retained, but it is no longer the head of the household, and it has become a dependent household.

2. The original owner shall apply for moving the household registration to the community collective household with the household registration book and the housing sales contract. However, this requires the cooperation of the original owner himself, because the public security organs cannot force the relocation of the household registration at present.

3. Compensation for liquidated damages according to the contract.

Hukou relocation is within the scope of the public security organ's household registration management, and 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 the purchase contract does not indicate the time of hukou relocation and related matters, if the original homeowner refuses to cooperate, there is currently no effective legal measure to force the original homeowner to move out of the hukou. However, at present, in the current second-hand housing sales contract, there are clear provisions on the obligation of the original head of household to move out of the household registration and the liability for breach of contract if the application is overdue.

If you have already bought a house. Then you will have your Hukou title deed. Go to the police station to handle it directly.

Transfer of Ownership. Or put the rice. Changed to.

Household. And the previous one. And it became.

Hanging paste. In addition, you can also take valid evidence to the court to sue him to move out of the hukou. If you have already bought a house.

Then you will have your Hukou title deed. Go to the police station to handle it directly. Transfer of Ownership.

Or put the rice. Changed to. Household.

And the previous one. And it became. Hanging paste.

In addition, you can also take valid evidence to the court to sue him to move out of the hukou.

One of the purposes of the purpose is naturally to obtain compensation for breach of contract, but more importantly, it is more important for the court to confirm the continuous default status, so as to truly urge the upper family to move out of the household registration.

It doesn't matter if he refuses to move your hukou, you just need to go directly to the local department to register your hukou with the purchase contract and relevant documents such as receipts. Set your own account as the head of the household, and then the other party is the ** account.

If the original owner refuses to move out, the new owner can apply for a new account for the house, and the original owner's account will be displayed as "empty" in the household registration system, thus solving the problem of the new owner's settlement.

If you refuse to move out of your household registration after buying a house, you need to ask the public security department to enforce it. Be sure to prepare the original documents so that you can apply for enforcement.

Generally speaking, if there are relevant clauses in the previous purchase contract, or even if there are no relevant clauses, it can be resolved by going to the court and suing others, of course, it is better if it can be resolved privately.

Under normal circumstances, if you have purchased a house and have a real estate certificate, after all, you have a real estate certificate, and then you are the owner, then you can forcibly enter the household registration and notify the homeowner to move out, if you do not agree, you can go through the judicial process to solve it.

After buying a house, the upper household refused to move out. In such a situation, you can find an intermediary and let the intermediary help coordinate and deal with it. If the intermediary has no way to coordinate. You can go directly to the court to sue. Through the court lawsuit, let the upper family move out of the hukou.

That's not going to happen......

If the other party is unwilling to sell the house, it is impossible for him to sell the house......Correspondingly, you can't buy a house.

Now that you have bought the house, the other party is naturally willing to sell it. Correspondingly, he will also move his hukou away.

If someone sells a house here, but is unwilling to move his household registration there, then this person is a strange existence. ......Toss yourself yourself, why bother!

If you really encounter this kind of thing, you can seek legal assistance and solve the problem through legal means.

After purchasing a house, the previous household registration refuses to move out, in which case the purchase contract is directly brought with it. You can go to the relevant department to handle the household registration and move in.

What you're talking about is a real conundrum. This is the case with a colleague of mine, but he's a seller. After he sold the house, he never moved out. Buyers have never been able to get down.

In fact, such a thing should be negotiated in advance, and if he is not clear, it should not be. Sign a purchase agreement to buy this house. If he just doesn't know, you can go to court and sue him.

For the buyer who moves into the household registration as the main purpose of buying the house, it can be stipulated in the "Supplementary Agreement" of the contract that "if the first party cannot move out of the household registration due to special reasons, the buyer shall have the unilateral right to terminate, and the seller shall refund the purchase price paid by the buyer in full", so as to protect the rights and interests of the buyer.

Your registration has nothing to do with him, he is willing to keep it and you can go to the local police station. Go to your new account, because you have a house purchase book, you use the house purchase book to open your account.

You don't need to deal with him directly, you just need to have the transaction contract in hand, and if the house transaction is successful, you can directly take your handover. Or, or if it is a real estate certificate, go to the local department to directly apply for the change of head of household, if your head of household is you, the identity of the other party's head of household will be directly pushed away.

If you refuse to move out after buying a house, you can find the local police station and let the people from the police station communicate.

If you refuse to move out of your household registration after buying a house, you can bring your real estate certificate or household registration migration certificate to the local police station to apply for enforcement.

There is no problem if you refuse to move out after buying a house, because the owner of the house on your real estate certificate is in your name.

If you refuse to sign out of your household registration after buying a house, you can take your real estate certificate or household registration migration certificate to the local police station to apply for compulsory enforcement.

This has proved to be a very troublesome and difficult matter, because as far as China's current hukou management system is concerned, there is indeed no legal basis for the other party to forcibly move the hukou. That's where the biggest problem lies!

First of all, we must understand that the collegiate agreement between the buyer and the seller on the house leads to the effect of the change of property rights, and this change of property rights is based on a valid house sales contract, if the house is registered for transfer of ownership, then the house is the buyer's from the perspective of property law, and the ownership belongs to the buyer, otherwise, the house is still owned by the seller! In particular, after the reform and opening up, the development of the market economy has brought about fundamental changes in the household registration system that was originally attached to the planned economy. A person may have more than one real estate, but only one household registration, and it is not necessarily the place of residence.

The problem now is that if the seller's household registration is attached to the real estate sold, that is, the real estate in which he lives is used as the basis of his household registration (whether he actually lives in it or not is not discussed), his household registration will still exist in the place after he sells his house. Then the buyer has obtained the ownership of the house and wants to naturalize the household attached to the house, which is repeated naturalization, which is not allowed by the household registration management system. Therefore, theoretically, as long as the seller does not take the initiative to apply for eviction and sues the seller for breach of contract with the contract of housing sale as the subject matter of the lawsuit (it must be agreed in advance in the contract to handle the household registration for the buyer), it will be given economic legal sanctions and forced to take the initiative to eliminate the existing household registration obstacles.

This is a legal solution, and the court cannot compel the seller to move out of the hukou.

Seeking to negotiate with the household registration management authority to settle the matter, theoretically speaking, the seller has already made a fortune in the real estate of the house, and he does not live here, so for him the factor of maintaining the household registration remains unchanged, so it becomes a de facto empty household registration, which is also not allowed by the management. In this way, the real estate acquired by the buyer can be used as the basis for naturalization, forming a new household, and establishing a new one, but the approval and consent of the household registration management authority must be obtained. It is difficult for a hukou to die, this is the reality of existence, so we must have legal thinking in everything we do, otherwise it will bring a lot of unnecessary trouble!

In today's society, there are too many laws and regulations, and the regulations are also very careful, and when you encounter trouble, you must have the courage to use the law to protect your legitimate interests, and don't retreat from it.

It doesn't matter if you buy a house and don't move out, as long as you go through the divorce procedures.

The solutions to the original owner's hukou not to move out when buying a house are: there is a relevant agreement in the contract to deal with it according to the agreement, if there is no agreement in the contract or the agreement is unclear, you can request the local police station to assist in moving out of the hukou, and if the negotiation fails, you can file a lawsuit with the court to require the original owner to bear the liability for damages.

[Legal basis].Article 10 of the Regulations on Household Registration.

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. Citizens moving 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 obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.

Article 61 of the Law on the Administration of Urban Real Estate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

If the original owner does not move out, he can negotiate with the other party and ask the other party to move out, and if the other party still does not move out, he can also protect his rights and interests in accordance with the provisions of the law, such as filing a lawsuit. So before buying a house, be sure to check the relevant information.

1. What should I do if the original owner's household registration does not move out?

If the original owner does not move out, he can negotiate with the other party or settle it through litigation.

1. Household registration verification: Before signing the house sales contract, you must understand the household registration situation of the house you are trading in advance, and if necessary, you should ask the homeowner to bring the real estate certificate and the original ID card to the household registration department of the public security organ where the household registration is located (usually the police station under the jurisdiction of the place of household registration).

2. Clarify the time limit and liability for breach of contract: The time limit and liability for breach of contract must be clearly stipulated in the contract, so as to increase the cost of breach of contract for the seller, so as to urge the seller to strictly follow the contract to perform the assignment. In the event of a delay or non-performance by the seller, the buyer will have a basis for suing for compensation, and there is no need for another court to find proof of loss (which is why the company has taken out the clause on moving out of the household registration separately for assessment in the "contract signing compliance assessment").

3. If the household registration cannot be moved, the contract will be terminated: for the buyer who takes the household registration as the main purpose of buying a house, it can be stipulated in the "Supplementary Agreement" of the contract that "if the first party cannot move out of the household registration due to special reasons, the buyer shall have the right of unilateral termination, and the buyer shall refund the purchase price paid by the buyer in full", so as to protect the rights and interests of the buyer.

2. What is the process of buying a house and settling down?

1. The first thing to do when buying a good house is to apply for a real estate certificate, so as to ensure that the rights of the owner can be legally protected. Then go to the neighborhood committee where the house is located with the house ownership certificate, ask it to issue a certificate of permission to move in and the house number, and then go to the local police station to ask the police station to issue a certificate of consent to move in.

2. Go to the original place of residence with all kinds of certificates, let it issue a certificate of moving out, and at the same time go to the police station where the household registration is located to approve the certificate of moving out, of course, if the owner of the house has violated discipline and law and caused the neighborhood committee to not agree to move out, there is no way to move out of the household registration.

3. After handling a series of materials, when the neighborhood committee where the house is located goes through the move-in procedures, the neighborhood committee compiles the household number, and then takes all the procedures to the police station where the house is located for processing.

4. After the police station where the house is located approves the request, it agrees to move in according to the household number compiled by the neighborhood committee, and takes a seat with the number, enters the file materials into the computer, and completes the procedure of moving into the household registration.

In contemporary society, buying a second-hand house is prone to some risks, so when signing a specific purchase contract, you must understand the specific matters, such as the need to conduct a household registration survey to prevent the landlord from transferring out of his household registration in the future.