Selling a house should be quite a simple affair. Just find a buyer and agree on prices. However, if you do not live in the house yourself, the transaction may become more complicated. Svd about it and the fall on thin.
“We want to sell our family home. Only a daughter with a husband and an adult son lived in the house. Don’t pay or write on the gossip of the house. They originally agreed to sell the house, but refuse to move. What can we do? ” pt is thin. Lawyer Pavel Nastis answered the questions.
What to do if the children who lived with me in the house disagree with the sale of the house?
As a homeowner, you don’t have to ask anyone for permission to sell a home, not even your own daughter. You can sell the dm as you wish, but of course you are obliged to remove the dm from the buyer, so you have to make sure that your daughter is not there. The daughter does not have a soft contract, they do not have a personal burden and they are obliged to avoid it when she gives birth to her disagreement with them, so that they can continue to live there. And if they are not willing to emigrate voluntarily, there is nothing else but to file a lawsuit against them for eviction.
Does the situation occur to me if my daughter and her husband lasted to live in that house?
The permanent residence has only a registered character and did not establish the first residence, the registration of the citizen for permanent residence does not result in the first to the registered object or to the property owner. And if the expelled person did not check out of your address as a city of permanent residence alone, you can do so.
In this case, am I obliged to provide for the children who lived with me to live in surplus?
In general, this obligation does not apply, the civil law imposes an obligation to provide compensation for housing only in the event of termination of the lease of the apartment, ie not the lease of the house. And in this particular case, it does not even exist for today, the daughter lived there only on the basis of what the parents allowed.
Remember: the first three tips
If you have a similar problem with your daughter, ex-husband and anyone else, follow the following tips provided by the Czech First Service Counsel.
1.Never force a non-existent person
Even if you think that everyone is staying unjustifiably, you are not allowed to move a suitcase by force or simply packed on the street.
From the first point of view, the best procedure is to apply for the eviction of real estate. If the person appointed does not object even to the time limit in the judgment, you can file a petition for his or her enforcement by a bailiff or executor. You can raise a criminal complaint for unauthorized entry of foreigners.
2.When the divorced husband does not agree, the court will decide
If the tenants (or one of them) becomes the tenants of the flat for the duration of the marriage, they will have a joint flat. Taken together means that the tenants have not only joint responsibilities, but also joint first, especially the first of each of them to be equally stated. It is therefore impossible for one of the manels to force the other to resign.
If the husband divorces and they do not agree on the lease of the apartment, the court will decide on the motion of one of them that the first joint lease of the apartment will be canceled. At the same time determine which of the husband will be considered the tenant.
3.You are obliged to strt
If someone lives in your house and is on the foundation of an encumbrance, you must strip this inside. The burden of termination may be extinguished only on the basis of an agreement or court decision. If the foreign burden is not destroyed by any act in the intended way, you do not have to dispose of the first person from the foreign burden, which is usually born on a so-called condition, for example.
4.The permanent stay for the registered person did not establish any other relationship to the apartment
If someone in your apartment is registered for permanent residence, it does not automatically know whether the apartment and the house are listed first, or the permanent residence has a primarily registered character. Therefore, if it is a person who is not a joint tenant, co-owner, legal person and another legal user of the house, you can file a lawsuit against the evacuation of the apartment and its objections, if the house first lives on the basis of permanent residence, you can consider it unfounded.
Typically, these are situations where the mother wants to expel the children and her ex-partner. In these cases, act for the first time.