After the divorce in Ningbo, the other party did not vacate the house. How could it be forced to move out?
Once the divorce judgment or mediation agreement takes effect and the house is awarded to you, but the other party changes the locks, rents it out, or refuses to let you in—many people first call the police and then go to the property themselves to move their belongings. These two approaches usually don’t work: when police arrive, they often classify the situation as a civil dispute, and as long as there’s no fighting or property damage, they have no authority to hand over the property to you. Attempting to forcibly move in yourself could escalate into a brawl, unlawful entry into a residence, or even destruction of property, leaving you—despite being in the right—in legal jeopardy. To legally remove someone, one must follow the proper legal procedures.
To vacate the house after divorce, the key depends on whether the owner of the house has been determined by the effective document. There are three ways: first, if the judgment and mediation document have made it clear that the house belongs to you, you can directly apply for compulsory execution and go through the procedure of compulsory moving out of the house; second, if the house is not dealt with during divorce, you should first confirm the right or sue to return the original property, eliminate the obstruction, and then apply for withdrawal; third, if the house is still shared and not produced, the first product shall be analyzed. The following sections will discuss the basis, procedures, challenges, and local channels in Ningbo.
1. After divorce, who has the right to ask the other party to move out: property ownership decides.
Whether you can require the other party to move out does not depend on who is more wronged, who initiated the divorce first, or who is currently living in the property; it depends on who holds ownership of the house. Only if the house is yours do you have the right to demand that an unauthorized occupant vacate and return it; if it belongs to the other party or is jointly owned by both parties, you cannot unilaterally evict them. This standard is repeatedly emphasized by the courts in eviction cases.
The circumstances for divorce by litigation are relatively clear. The judgment or mediation statement specifies that a particular property is to be owned by a specific party. Pursuant to Article 229 of the Civil Code, where a change in real rights is effected by a court document, such change takes effect upon the document’s entry into force; even if the registration is not promptly updated, this does not preclude the owner from asserting their rights. In the case of Li mou 1v he mou and Li mou 2 of Tongzhou district people's court of Beijing ((2022) no 19547 of the people's Republic of China, Beijing 0112), the divorce mediation document in 2017 confirmed that the three main rooms of the courtyard involved belonged to Li mou 1, and the other party refused to return them for a long time. after sorting out all related lawsuits, the court determined that the transfer of ownership was clear and ruled that the defendant should vacate and return within 30 days after effective. It should be noted that a civil mediation statement, once signed and acknowledged by both parties, shall have legal effect, equivalent to that of a judgment, and may likewise serve as the basis for applying for compulsory enforcement.
Be cautious when divorcing by agreement: An agreement on the ownership of a house in a divorce settlement is essentially a contract. If the transfer of ownership has not been completed, you hold only a creditor’s right rather than a property right. In such cases, you will often need to first file a lawsuit to establish ownership or, pursuant to the agreement, demand performance and seek liability for breach of contract. However, the provisions in the agreement concerning relocation and habitation shall be valid as long as they do not violate mandatory legal provisions or public order and good morals. In the case of Zhang Moumou v. Li Moumou, People's Court of Wudu District, Longnan City, Gansu Province ((2025) Gan 1202 Minchu No. 896), the agreement stipulated that the man could not continue to live in the house if he remarried. The court held that this was a condition for the right of residence, not a restriction on the freedom of marriage, and the agreement was valid, and the man was sentenced to move out within
30days.
2. Lingering and refusing to leave—what is this called in legal terms?
The core revolves around two concepts: unauthorized possession and interference with property rights. After the divorce, the house has been awarded to you; if the other party continues to reside there, such occupancy constitutes unauthorized possession. Article 235 of the Civil Code provides that where a person is in unauthorized possession of immovable or movable property, the rightful owner may request the return of the property. Occupying a house, refusing to hand over the keys, and obstructing entry simultaneously constitute an interference with property rights. Article 236 provides that where property rights are interfered with or are likely to be interfered with, the right holder may request the removal of the interference or the elimination of the danger.
In cases where damage is caused, compensation for damages may be claimed pursuant to Article 238 and Article 1165; in the event of damage to a house, a request for repair, rework, replacement, or restoration to the original condition may be made pursuant to Article 237. Accordingly, the causes of action in such cases are primarily disputes over the return of property (Article 235) and disputes over the removal of interference (Article 236), both of which fall under the category of property rights protection disputes. Wu Mou Hui of Nanhai District People's Court of Foshan City v. Chen Mou Hong and Wu Mou Key to Return Original Dispute ((2023) Yue 0605 Min Chu No. 28501) to Return Original to File a Case; Tongzhou Li Mou 1 case and Benxi Xi Lake District Huang Mou case are used to eliminate obstruction. When selecting the cause of action, pay attention to the key points: “return of property” applies when the other party refuses to vacate, while “removal of interference” applies when the other party obstructs your use of the property. In most eviction cases, both claims can be asserted together, but the relief sought must be stated clearly to avoid the court addressing only one of them.
Note that the legal bases for the claims differ: the claim for restitution of property and the claim for removal of interference are based on real rights, requiring only proof that you are the rights holder and that the other party has no right to possess the property; in contrast, claims for rental losses or occupation fees are based on tort liability or unjust enrichment, and thus also require proof of the loss and its amount. In the case of Wang mou and Yu mou of Beijing no 3 intermediate people's court excluding obstruction of the second instance ((2025) Beijing 03 min zhong no 7554), the court ordered to vacate and at the same time awarded compensation for house losses of 300 yuan per month, I .e. a typical example of "vacating and occupying losses.
3. Path 1: If there is an already effective judgment or mediation agreement, directly apply for compulsory enforcement.
The legal document has clearly stipulated that the house belongs to you and requires the other party to vacate and return it. If the other party fails to comply within the prescribed period, there is no need to file another lawsuit; you may directly apply to the court for compulsory enforcement. Before filing the application, confirm the following three points: (1) the legal document has taken effect; (2) the obligations include enforceable matters such as vacating and returning property; and (3) the other party has failed to perform within the prescribed time limit. An application for enforcement shall be filed with the primary‑instance court that issued the document or with a court of the same level in the place where the property to be enforced is located. The period for applying for enforcement is two years, commencing from the last day of the performance period specified in the document; do not allow this period to lapse.
After the case entered the enforcement stage, the court took compulsory measures to evict the occupants from the premises. Pursuant to Article 261 of the Civil Procedure Law (as amended in 2023), where a house is to be forcibly vacated or land is to be forcibly relinquished, the president of the court shall issue a notice ordering the person subject to execution to perform within a specified period; if such person fails to comply within the prescribed period, the enforcement officer shall carry out the execution by force. The procedures include: the president issues a notice and posts it on the court bulletin board and near the house; Notify the person to be executed or his adult family to be present, and refusal to be present will not affect the execution. The grass-roots organization where the work unit or the house is located sends personnel to attend; The implementation shall be recorded in the record and signed and sealed by the person present. Move out the property and deliver it to the person to be executed at his own risk.
If the person subject to execution does not cooperate to open the door, he may, in accordance with Article 266, enforce the designated act or entrust the relevant unit or another person to complete it, and the expenses shall be borne by the person subject to execution-that is, the court shall request the unlocking and moving unit to "perform" on behalf of the other party, and the expenses shall be charged to the other party. If you do not move within the time limit, you must pay the delay, you in accordance with Article 264. The relocation period is typically thirty days, though it may also be fifteen days; after a case is filed for enforcement, it should generally be concluded within six months; the enforcement application fee shall be borne by the party subject to enforcement, and the applicant is generally not required to prepay it. During enforcement, the court may also order the party subject to enforcement to declare its assets and, in accordance with the law, inquire into, freeze, and remit funds or other property held in its name. Note: If the judgment debtor is a recipient of minimum living allowances and is unable to secure housing on their own, judicial policy stipulates that forcible eviction should be avoided; this balancing issue will be discussed in Section VI.
4. Path two: If the house was not addressed during the divorce, file a lawsuit first and then vacate.
If a court document or agreement only addresses divorce, child custody, and certain assets, but fails to address the ownership of this particular property, leaving itsAttribution in limbo, you cannot directly apply for enforcement at this time, as the effective document does not contain any enforceable provisions for vacating the premises. The correct approach is to first file a lawsuit to establish the rights. The cause of action depends on the housing registration and ownership status:
- The property has been transferred or registered in your name: You may file a lawsuit for return of the original item or for removal of interference, requesting that the premises be vacated and returned. In both the case of Huang and the case of Wu Hui, a divorce judgment first established property rights, after which separate lawsuits were filed seeking eviction. The courts determined that the opposing party had no right to possess the property and ordered them to vacate within a specified time limit.
- Property jointly owned by the spouses that has not yet been divided: First file for divorce, then pursue a property dispute (where the dispute involves the division of jointly owned property, it shall be handled as such). You may request both division of the property and determination of ownership; you can also seek both confirmation of rights and an order to vacate within a specified time frame in the same case, thereby resolving all issues at once.
- The agreement has stipulated ownership, but the party refuses to cooperate: File a lawsuit based on the divorce agreement, seeking enforcement of the agreement and claiming liability for breach of contract. As in the case of Zhang et al., the case was filed as a dispute over marital property agreements, and the court recognized the validity of the agreement and ordered the party to vacate the premises within a specified time limit.
In terms of jurisdiction, lawsuits arising from real estate disputes are under the exclusive jurisdiction of the court in the location of the real estate. Prepare the following for filing a lawsuit: the divorce judgment (or mediation statement) or divorce agreement, proof of property ownership, records of notices to vacate, and evidence of the other party’s possession. After obtaining a final and enforceable judgment, if the other party still fails to comply, proceed to the compulsory enforcement stage as described in Section 3.
5. Path three: What should you do when the other party raises other claims?
The other party often comes up with a host of excuses: they’ve lived there for a long time, it’s their only residence, they haven’t received any compensation, their children attend school there, and they have the right to reside there. These factors generally do not affect the premise that “the house belongs to you,” but they may influence the timing of the eviction and the manner in which it is carried out.
Right of Residence: The right of residence is established upon registration in the real property registry. If the other party has not registered a right of habitation, it is difficult to assert such a right as a defense against ownership; an agreement in a divorce settlement providing for temporary residence by one party generally constitutes only a contractual arrangement between the parties (as in the case of Zhang et al.) and does not amount to the establishment of a registered right of habitation. Economic assistance and compensation: Article 1,090 of the Civil Code provides that, upon divorce, if one party is experiencing financial hardship, the other party who has the capacity to provide support shall render appropriate assistance; however, the payment of compensation and the vacating of the residential property are often regarded as two separate issues. In the case of Wu Mouhui, the defendant refused to vacate the premises on the grounds that the plaintiff had failed to pay the property price difference and had not made full child support payments. The court held unequivocally that neither of these grounds constituted a valid defense against the claim for eviction, and that any related rights could be asserted separately. Of course, you should also pay the compensation and child support in full and on time to avoid creating unnecessary complications during enforcement.
Custody and Minors: If the other party has direct custody of the minor child and the child’s residence and schooling are at issue, the court will, at its discretion, grant a more extended relocation period and proceed with greater caution; however, this does not mean that they can occupy the property indefinitely. The only residence, or lack of housing: this is one of the most frequently invoked arguments by the opposing party. However, being the only home does not serve as a shield against enforcement; ownership remains unchanged simply because the other party has nowhere to live. The court will strike a balance regarding the eviction deadline and transitional arrangements—this same rationale applies to the aforementioned principle that individuals receiving minimum living allowances who are homeless should not be forcibly evicted. The overarching principle is that the key lies in how and when to free up resources, rather than whether or not to do so. The case of Wang and Yu and the case of Chen and Wu excluding obstruction of the second instance of the third intermediate people's court of Beijing ((2022) Jing 03 min zong No. 5166) all embody the idea of "protecting real right and dealing with adjacent use". the latter also makes it clear that if you are not satisfied with the judgment of the previous case, it should be resolved through proper legal channels and cannot be used as a defense for this case.
6. Practical difficulties: How to deal with the other party's ever-changing tactics?
Renting by housing: if the other party does not live on his own but rents the house, he can claim the rental income (income without legal basis, return according to unjust gain or loss), and require the sub-tenant who has no right to occupy to vacate-the lease cannot oppose your ownership, but generally leave a reasonable relocation period for the tenant, and provide the tenant's information to the court at the same time. Unauthorized lock change and access control: it is a violation of real right. You can claim to eliminate the violation and apply to the court for compulsory unlocking and lock change (according to Article 263, the court shall entrust the unlocking unit to complete the lock change at the expense of the other party); Do not pick the lock and smash the door yourself.
Violent resistance: those who push, abuse or block the door at the scene can apply to the court to impose a fine and detain the person subject to execution; if the circumstances are serious enough to constitute a crime, they can be transferred to investigate the criminal responsibility; if there is a personal risk, they can report to the police in time and ask for assistance from the public security. If elderly or minor residents refuse to move out, the court will proceed more cautiously, typically granting a longer grace period and ensuring proper relocation of their belongings. The applicant should therefore prepare a suitable transitional relocation plan. The only residence does not automatically preclude eviction; however, courts should exercise caution when resorting to coercive measures and may proactively propose a compromise solution (such as granting a reasonable period for finding alternative housing and prioritizing the resolution of compensation).
Regardless of the specific difficulty, it is advisable to claim compensation for loss of occupancy as well. In the case between Wang and Yu, the court, taking into account factors such as usage, location, and the relationship between the parties, determined a monthly fee of 300 yuan. Although this amount is not high, it imposes a cost on those who delay vacating the premises. When filing a lawsuit, calculating the occupation fee by referencing the rental rates for comparable properties in the same area is more advantageous than simply foregoing any claim for damages.
7. Coordination during execution: Take the initiative; don't just wait.
Winning the case is only the first half of the battle; whether the judgment can be enforced largely depends on how much relevant and actionable information you can provide. Actively provide any relevant clues: house number, door lock and access control system details, actual resident, the other party’s workplace and whereabouts, whether the property is rented and the tenant’s information, as well as details about other assets—more specific information will lead to a faster resolution. Make effective use of coercive measures: You may apply to impose restrictions on the executed party’s high‑value consumption, add them to the list of discredited persons, impose fines, or order their detention. The latter paragraph of the judgment of the Wu Mouhui case stated that compulsory enforcement will be initiated if it fails to perform within the time limit, and measures such as restricting high consumption, including dishonesty, fines, detention, etc. will be taken in accordance with the law. The transfer of suspected refusal to execute will be investigated for criminal responsibility, and relevant information will be implemented through China. Open the information network.
Make good use of the crime of refusal to execute: if the other party has the ability to perform but refuses to do so, refuses to vacate after repeated notifications, hides and transfers property, or resists violently, he can sue the court or report the case to the public security organ to promote the investigation of the crime of refusal to execute the judgment and verdict, which is often the most powerful way to break the deadlock. Document everything: changing the lock, renting out the property, storing items there, obstructing access, WeChat acknowledgments of occupying the space, etc. Take photos, videos, and screenshots promptly, and if you report to the police, keep the receipt and the record of their response.
8. Prevention and recommendations: Clearly specify the relocation terms during divorce.
- Clearly specify ownership and the obligation to vacate: Do not merely state that the property belongs to one party; also stipulate that the other party shall move out and deliver the property together with the keys by a specific date.
- Agreed Relocation Deadline and Liability for Breach: Specify the consequences of failing to vacate by the deadline, such as paying a daily occupancy fee based on a specified rate for each day of delay. Subsequently, liability for breach may be asserted pursuant to Article 577 of the Civil Code.
- Transfer the property as soon as possible: If the agreement stipulates that the property belongs to you, promptly complete the transfer or registration amendment to establish public notice effect.
- Retain records of reminders: Keep all text messages, WeChat notifications, express delivery receipts, and written notices regarding the eviction as evidence for any future litigation or enforcement proceedings.
9. Frequently Asked Questions
Question: In the divorce judgment, the house was awarded to me, but the other party refuses to move out. Can I directly apply to the court for a compulsory eviction?
Answer: Yes, it is possible.As long as the document clearly states that the house belongs to you and requests to vacate, the other party can apply for compulsory execution if it fails to perform within the time limit, and enter the procedure of compulsory moving out of the house without having to fight another lawsuit.
Q: Is the alarm useful?
Answer: Tengfang is a civil dispute, the public security has no right to dispose of the property rights, and the house cannot be returned to you directly by calling the police. However, if the other party has violence, threats, destruction of property, illegal intrusion, etc., it can be dealt with in accordance with the law; the receipt and police handling records will also be evidence in the future. Be sure to call the police in time when you are threatened.
Q: What should I do if the house is not awarded to anyone or written to anyone during the divorce?
Answer: The right of litigation shall be confirmed first. If the house has been registered in your name, it shall be vacated in order to return the original property or to exclude the obstruction of prosecution; if it is common property, the property dispute after divorce or the division of the common property shall be filed first, and then vacated after the right is confirmed. Get the effective judgment and then go to enforce it.
Q: What if the other party rents out the house and the tenant refuses to leave?
Answer: A leasehold interest cannot prevail over ownership. The sub-lessee who is not entitled to possession may be required to vacate and claim rental gains or losses from the other party; the tenant is generally given a reasonable relocation period and the tenant's information is provided to the court.
Question: If the other party is living there with children or elderly family members, will the court then refuse to order them to vacate?
Answer: Generally, it will not stop vacating because of this, but it will extend the vacating period as appropriate and be more cautious in the way and time. The fact that the house belongs to you will not change because the other party has children and the elderly. You should cooperate with the court to think through the transitional placement.
Question: Approximately how long does enforcement take, and who bears the costs?
Answer: The retirement period is generally 30 days or 15 days, and you can apply for execution after the deadline; the execution should be settled within six months after filing the case, and the actual time consumption depends on whether the other party cooperates. The execution application fee shall be borne by the party subject to enforcement; the applicant is generally not required to prepay it.
10. Practical Insights from a Lawyer
The house was decided to be owned by themselves, but the other party changed the lock, rented it out and refused to open the door. Many people's first reaction was to call the police, and their second reaction was to move it by themselves. These two moves are usually useless in practice: the police are mostly treated as civil disputes when they arrive. As long as they do not start work or destroy things, they do not have the authority to return the house to you. Forced removal by oneself may turn into mutual assault, illegal invasion of houses or even destruction of property, and they will be held accountable instead. To legally remove someone, you must follow the proper procedures. First, you need to be clear about this; avoid engaging in emotionally driven actions that only serve to deplete your resources.
Which legal route to take depends on whether the ownership of this property has been definitively determined by a valid court document. If there is already a judgment or mediation document stating that the house belongs to you, you can directly apply for enforcement and go through the procedure of forcing the house to move out. When applying, you can submit the ownership certificate, the effective document and the fact that the other party still occupies (photos, videos and notification records). If the suite is not handled at the time of divorce, it is necessary to sue to confirm the right first, or to claim separately according to the return of the original property and the elimination of obstruction, and then apply for withdrawal after obtaining the effective documents. If the house is still a common property, the property must be analyzed first. The order is wrong; the case cannot be filed, and all the time is wasted.
The tricks of the counterparty often appear in the execution stage: changing locks, subletting to a third party, finding someone to live in for a long time, or even claiming the right of residence or other rights temporarily. The idea of response is to take the initiative, don't do it, etc.: report the new situation to the enforcement court in time, apply to the court to take corresponding measures, and keep every occupation in a written record. At the negotiation level, the time to vacate the room is a bargaining chip that can be exchanged, such as using the installment or price increase of the compensation to change the other party to move out in advance, but it must be written into a written agreement, specifying the time limit, handover method and liability for breach of contract, otherwise it is another piece of paper.
After the divorce, the other party does not vacate the house. The essence is that they have no right to possess and impair the real right. The legal weapons are sufficient. The key is to take the right seat and choose the right path. If the effective document has already been vested, don't hesitate to apply directly for enforcement and go through the procedure of forcing the house to move out. If the ownership is not determined or the agreement is not clearly written, the right shall be confirmed first, the right shall be prosecuted first, and the right shall be fixed before the withdrawal shall be discussed. If there is a common dispute that has not been resolved, the property shall be analyzed first. The most easily underestimated part of the whole process is evidence and coordination-providing clues in place, claiming losses together, and using coercive measures are often much more effective than repeated door-to-door bickering. The house is your legally owned property; if you follow the proper procedures, you can keep it.