Does the original owner s account not move out affect my settlement?

If the original owner refuses to move out of the household registration during the sale and purchase of the house, it 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. If the original head of the household refuses to move out of the household registration and seriously affects the new owner's household registration work, the current feasible operation methods are as follows:

If the original owner 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, thus solving the problem of the new homeowner's settlement. If you want to solve the problem, you can take the form of negotiation or litigation. It can be sued for breach of contract.

Article 107 of the Contract Law of the People's Republic of China Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 108:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may demand that it bear liability for breach of contract before the expiration of the performance period.

If the original homeowner's hukou does not move, the new homeowner can move the hukou.

If there is no place to move the household registration that falls in the house, you can apply for the subdivision of the house that has been completed, but you also need to apply for it yourself. In the case that the original owner is not present, you can fall under the sub-household first, as long as you have the real estate certificate in your hand.

Situations like children going to school shouldn't have an impact.

1. Hukou migration.

It is required to comply with the Regulations of the People's Republic of China on Household Registration.

Article 10: "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 before moving out, obtain a migration certificate, and cancel his or her household registration. and Article 13, which stipulates that "from the time of arrival at the place where a citizen has moved in, within three days in urban areas and 10 days in rural areas, the relocation certificate shall be reported to the household registration authority by himself or the household, and the relocation certificate shall be cancelled."

2. However, due to the different policies in different places, the purchase of a new house may not be able to settle down in the location of the new house. Therefore, you should consult with the local public security bureau where the new home is purchased.

After the express commitment to settle down, it can be based on the purchase contract.

and property right certificates, in accordance with the provisions of Article 10 of the Regulations of the People's Republic of China on Household Registration, report to the household registration authority of the original place of residence for moving out of registration, obtain migration certificates, and cancel household registration. Then, in accordance with the provisions of Article 13, within three days, the relocation certificate shall be reported to the household registration authority for moving in.

If you have any questions about your household registration, you should call the local household registration center**.

No, the relocation of the hukou is voluntary, and if the original owner does not move the hukou, the relevant departments cannot interfere. Moreover, at present, the hukou and the property rights of the houses are managed separately, and the hukou is under the jurisdiction of the public security organs, so that property rights disputes can be handled through the courts.

At present, there is no law that stipulates that the seller must move out of the hukou, and if the two parties agree on the time of moving out of the hukou and the circumstances of breach of contract in the contract, they can file a lawsuit in the court on the grounds of the other party's breach of contract, and ask the court to determine the seller's breach of contract and claim damages and liquidated damages.

In general, in second-hand housing transactions, there is a clear agreement on the seller's relocation in the signed "Housing Sale and Purchase Contract", and if the seller does not move out within the agreed time, he will bear the liability for breach of contract, unless the consent of the buyer is obtained in advance.

1) The buyer agrees that the seller will not move out: with the consent of the buyer in advance, the buyer can continue to keep the household registration in the house, but it is also necessary to sign a "supplementary agreement" in which the buyer agrees not to move out to avoid disputes in the future. In real life, this is not common;

2) The buyer does not agree with the seller's refusal to move out of the household: In this case, if the seller does not move out of the household registration, according to the provisions of the "Housing Sales Contract", it will involve a breach of contract, and it needs to bear the liability for breach of contract according to the agreement.

If you do not move out, you can negotiate, and if the negotiation fails, you can file a lawsuit with the court to demand the performance of relevant obligations. According to the relevant provisions of the household registration management policy, only one person can be used in one household, and the new owner's household registration cannot be moved in before the original property owner's household registration is moved, which will inevitably affect the children's nearby school and other problems. Once the original property owner does not move his household registration after the house, it is quite difficult to deal with it.

Since the relocation of the hukou is voluntary, the original owner will not move, and the public security organs will not be able to persuade him. In addition, at present, when the court hears housing disputes, it generally neither accepts nor adjudicates the issue of household registration, so it is difficult to protect its rights and interests through legal means. Only through consultative means.

Legal basisHousing Registration Measures

Article 86: Where the ownership of a house is transferred in accordance with law, and an application for registration of the transfer of ownership of a house is to be registered, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house;

4) Proof of the right to use the homestead or the right to use the land for collectively owned construction;

5) Materials proving the transfer of ownership of the house;

6) Other necessary materials. Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer. Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.