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离婚后一方拒不迁出户口怎么办

发布时间:2019-01-03 13:32
离婚后,户口迁移的问题也是离婚案件的难点。比如,离婚协议约定,女方应该在办理完离婚手续后一段时间内将户口迁出,而女方拒不迁出,给男方造成一定的损失或麻烦的情况如何处理。根据现在的户口管理规定以及法院的审判实践,法院一般不会受理以户口强迁为诉讼请求的侵权案件,而是以其管理机关为公安机关为由让当事人找公安管理部门解决,而公安机关的答复往往是此类请求不符合强迁的法律规定,因此往往也难以办理。
 
After divorce, the problem of household registration transfer is also the difficulty of divorce cases. For example, the divorce agreement stipulates that the woman should move out her household registration within a period of time after the divorce formalities are completed, and the woman refuses to move out, causing certain losses or troubles to the man. According to the current household registration regulations and the judicial practice of the court, the court generally will not accept the tort cases which take the forced household registration as the lawsuit request, but let the parties find the public security management department for the reason that its management organ is the public security organ to solve, and the public security organ's reply often does not conform to the legal provisions of the forced relocation, so it is often difficult to handle.
 
 
 
如何预防此类纠纷的发生呢?我们认为,办法还是有的,就是在离婚协议中明确约定有义务迁出方不履行迁出义务的惩罚措施。户口拒不迁出造成当事人最大的问题就是心理的困扰和房屋转让的不便。不妨在离婚协议中约定:若一方在离婚手续办理完毕的三个月内不能自行将户口迁出,每逾期一日应向另一方支付XX元的不便补偿;若一方在转让该房时,因为另一方户口不能迁出原因对房价产生影响,另一方应赔偿差价部分。
 
How to prevent the occurrence of such disputes? We believe that there are still some ways, that is, to explicitly stipulate in the divorce agreement the punishment measures for the obligatory relocator not to fulfill the obligation of relocation. The biggest problem caused by household registration refusal to move out is psychological distress and inconvenience of house transfer. It may be agreed in the divorce agreement that if one party is unable to move out of the household registration within three months after the divorce formalities have been completed, it should pay XX yuan inconvenience compensation to the other party every day after the expiry date; if one party transfers the house, the other party should compensate for the difference in price because the other party's household registration can not move out.
 
 
 
需要说明的是,逾期的补偿不应写成违约金,因为户口迁出具有人身性质,若写成违约金法院支持可能会有难度。而写成不便补偿,合情合理,同时也不违反法律规定,法院支持的可能性较大。
 
It should be pointed out that overdue compensation should not be written as liquidated damages, because the removal of household registration has the personal nature, if written as liquidated damages court support may be difficult. It is reasonable to write inconvenience compensation, and it does not violate the legal provisions, so the possibility of court support is greater.
 
 
 
另外,若一方转移该房屋,而在转移时因另一方户口没有迁出对房价产生影响,具体影响的数额应由买卖双方在购房合同中明确约定,并书面告之另一方。
 
In addition, if one party transfers the house and because the other party's household registration does not move out at the time of the transfer, the specific amount of the impact should be clearly agreed by the buyer and seller in the purchase contract and notified to the other party in writing.
 
 
 
一般情况下,有了这样的约定,有义务迁出一方,会积极配合另一方将户口在最短时间内迁出,不一定要走到上法庭那一步。当然,协议时如果迁出义务一方不肯加上延时补偿条款,另一方就得自己衡量是否愿意承担法律风险。如果上法院,法院可能会在判决书中加上“应在离婚后的三十日内将户口迁出”之类的语句,但判决生效的执行问题往往也难以解决,当然,如果女方有条件迁出,则执行起来相对容易一些。
 
Generally, with such an agreement, one party is obliged to move out, and will actively cooperate with the other party to move out the household registration in the shortest possible time, not necessarily to go to court. Of course, if one party refuses to add a delay compensation clause in the agreement, the other party will have to measure whether it is willing to take legal risks. If the court goes to court, the court may add the sentence "the household registration should be moved out within 30 days after divorce" to the judgment, but the execution of the judgment is often difficult to solve. Of course, if the woman has the conditions to move out, the execution is relatively easy.

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