In theory, divorce is to cut off the unhealthy and unhappy state of living together, relieve the personal relationship between the two parties, and separate their lives. However, in real life, it is often the case that one party does not move away after divorce for various reasons. What if the original spouse does not accept it?
1、 You can call the police for help, and the police will order the other party to leave. However, many public security police will not handle this dispute as a family dispute.
2、 If the ownership of the current residential property is confirmed by the court's judgment or mediation statement, but the other party refuses to move out, according to Article 48 of the Marriage Law, the people's court shall enforce the judgment or ruling on refusing to implement the related alimony, alimony, alimony, property division, inheritance, visiting children and other judgments or rulings according to law. Therefore, the parties can apply to the court for enforcement according to the effective judgment or mediation statement.
3、 If the two parties divorce by agreement, the ownership of the current residential property is agreed to belong to one party in the divorce agreement. If the other party refuses to move out, it can sue the other party, ask the other party to move out of the house, and claim that the other party pay half of the rent according to the time of residence.
Legal basis:
Article 48 of the Marriage Law of the People's Republic of China
If the people's court refuses to execute the judgments or rulings on alimony, maintenance, alimony, property division, inheritance, visiting children, etc., the people's court shall enforce the execution according to law. Relevant individuals and units shall be responsible for assisting in the implementation.