What should I do if the house has someone else s household registration and does not move out?

The handling method of not moving out of the house with someone else's household registration is as follows:

1. Take the property right certificate to the neighborhood committee where the property is located to issue the "Permanent Resident Population Certificate";

2. Take the household registration page, property right certificate, permanent resident population certificate of the neighborhood committee, and the original ID card to the police station in the jurisdiction of the house to find the household registration police to handle the household registration migration;

3. Since the property is still hung with the original landlord's household registration, the household registration police asked.

This situation can be sued, it is best to negotiate and settle it, if the house is transferred, it should not affect the settlement.

Regulations on the Expropriation and Compensation of Houses on State-owned Land

Article 17. The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house.

2) Compensation for relocation and temporary resettlement caused by the expropriation of houses.

3) Compensation for the loss of production and business suspension caused by the expropriation of housing. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons. Article 18.

If the expropriated person meets the requirements for housing security, the people at the city or county level who make the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

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.

Prosecute him, illegal possession of private property! Protect your legitimate rights and interests with the help of the law.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Legal analysis: The other party should be informed to move out as soon as possible. In the house sale contract, once the house has been transferred, the buyer has obtained the ownership of the house, and the original owner has no right to leave his or others' household registration at the original address, and it is the ancillary obligation of the original owner to move out the household registration.

Legal basis: Regulations of the People's Republic of China on Household Registration

Article 10 Where 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, receive the migration certificate, and cancel the 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 13: From the time of arrival at the place of relocation, within 3 days in urban areas and 10 days in rural areas, citizens or their households shall preside over the relocation documents and report to the household registration authorities for registration of their relocation, and surrender and cancel their relocation certificates.

Citizens who do not have migration certificates shall apply for relocation registration at the household registration authority in the place of relocation with the following documents:

1. Demobilized, demobilized or discharged servicemen shall present their certificates issued by the county or city military service organs or military organs at or above the regimental level;

2. Overseas Chinese and international students returning from abroad with their passports or entry documents of the People's Republic of China;

3. Persons who have been released by the people's courts, people's procuratorates, or public security organs may present the certificates issued by the organ that released them.

If the original landlord has not moved out of the hukou, the parties cannot move into the hukou (because there is no immediate family relationship between the two, they do not meet the conditions for refuge):

1. According to Article 6 of the Regulations on Household Registration of the People's Republic of China, every citizen can be registered as a permanent resident in the place of permanent residence;

2. Both parties can clearly stipulate the time limit for the original landlord to move out in the purchase contract, and if the other party refuses to move out, they can file a lawsuit with the local people's court to protect their rights;

3. If there is no agreement in the contract, or the agreement is not clear, the matter can only be resolved through negotiation between the two parties.

You find a place to negotiate and ask him to move out of the hukou.

Legal Analysis: Filing a lawsuit in court.

Legal basis: Regulations of the People's Republic of China on Household Registration

Article 10 Where a citizen moves out of the jurisdiction of his or her household registration, the person or the head of the household shall report to the household registration authority for registration before moving out, receive a migration certificate, and cancel the household registration.

Article 13 From the time of arrival at the place of relocation, within 3 days in urban areas and within 10 days in rural areas, citizens or their households shall preside over the relocation documents to the household registration authorities for registration and surrender the relocation certificates.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 114: Where a unit that has an obligation to assist in the investigation or enforcement commits any of the following acts, the people's court may impose a fine in addition to ordering it to perform its obligation to assist:

1) The relevant unit refuses or obstructs the people's court's investigation and collection of evidence;

2) After receiving the people's court's notice of assistance in enforcement, the relevant unit refuses to assist in making inquiries, seizing, freezing, transferring, or selling property;

3) After receiving a notice from the people's court of remorse and assistance in enforcement, the relevant unit refuses to assist in withholding the income of the person subject to enforcement, handling formalities for the transfer of relevant property rights certificates and licenses, or transferring relevant tickets, licenses, or other property;

4) Other refusals to assist in enforcement. People's courts may fine units that exhibit any of the conduct provided for in the preceding paragraph on their principal responsible persons or directly responsible personnel; Those who still do not perform their obligation to assist may be detained; and may submit a judicial recommendation for disciplinary punishment to the Supervision Organs or relevant organs.