[Direct answer]In the Beijing area, if the other party refuses to cooperate, you can apply to the court for forced execution based on the effective judgment to complete the transfer of ownership. According to the provisions on enforcement in the Civil Procedure Law of the People's Republic of China (adopted in 1991 and amended in 2023), the parties must perform the legally effective civil judgments and rulings; if one party refuses to perform, the other party may apply to the people's court for enforcement. If the judgment main text clearly orders the defendant to assist in handling the transfer of ownership registration of the house, and the defendant refuses to cooperate, the applicant for enforcement may apply to the court of first instance or the court where the enforced property is located at the same level for enforcement; after the enforcement court files a case, it will issue a notice of assistance in enforcement to the real estate registration authority, and the registration authority will handle the transfer registration accordingly without the defendant's presence. Therefore, winning the lawsuit is just the first step. The key lies in whether the judgment main text is clear, whether the application for enforcement is submitted within the time limit, and whether the property and identity information of the enforced party are available. It should be noted that the period for applying for enforcement is usually two years, calculated from the last day of the performance period specified in the legal document. Applying for enforcement beyond the time limit may affect the realization of rights.
1. Problem background and typical scenarios
"Winning the lawsuit but the other party refusing to cooperate with the transfer of ownership" is a common follow-up problem in housing ownership confirmation cases. Typical scenarios include: In inheritance disputes, the court rules that the house belongs to a certain heir, but other heirs refuse to cooperate with the registration process; In cases of buying a house under someone else's name, the court orders the nominal owner to assist with the transfer, but the nominal owner delays or goes missing; In disputes over the sale of commercial housing, the court rules that the contract should be performed, but the developer or seller delays cooperation; In cases of division of jointly owned property, one party obtains the house but the other party refuses to sign the agreement. After obtaining the judgment, buyers and rights holders often assume that "the transfer of ownership will happen automatically", but in reality, the registration change still requires completing corresponding procedures. When the other party refuses to cooperate, the only way to resolve the issue is through forced enforcement.
II. Key points of contention
First, whether the judgment's main text is clear and whether it directly orders to assist in handling the transfer of ownership or confirming the ownership. Second, the subject of the application for enforcement and the jurisdiction. Generally, the application is submitted to the court of first instance or the court where the property to be enforced is located. Third, the time limit for applying for enforcement, which is usually two years and is subject to the provisions on the interruption and suspension of the statute of limitations. Fourth, the effectiveness of the notice to assist in enforcement, according to which the registration authority can handle the registration unilaterally. Fifth, the handling of the situation where the person subject to enforcement is uncontactable or has been deregistered, which requires selecting alternative approaches based on specific circumstances.
III. Professional analysis by Henglue Lawyers
How to implement the judgment after winning the case often tests professional competence more than the litigation itself. Take a contract dispute over purchasing a house under someone else's name handled by Henglue Law Firm as an example: Liu * obtained a resettlement house at No. 101 in a certain district of Beijing through demolition in 1996. In 2005, he purchased the house under his mother's name through the housing reform program and signed a "Contract for Resettlement Housing", which explicitly stated that the house was purchased under someone else's name. After the death of his parents, his sister sued him for inheritance disputes and the first-instance court ruled that the house should be inherited by her. After Liu * entrusted Henglue Law Firm, attorney Li Yonghui filed an appeal and submitted the newly discovered "Contract for Resettlement Housing". The second-instance court revoked the inheritance judgment of the first-instance court regarding the house; thereafter, the lawyer assisted the client in suing for transfer of ownership under a contract dispute and built a complete chain of evidence: the basic evidence of demolition rights (the Demolition and Resettlement Assistance Agreement and the household registration form) proved that Liu * was the original resettled person; the core evidence of the agreement to purchase the house under someone else's name was the "Contract for Resettlement Housing" signed by the three parties in 2005; the evidence of investment and use was the bank savings deposit interest list and withdrawal records, which highly coincided with the payment time and amount of the purchase price of 33,561 yuan and related expenses totaling 35,341 yuan; and the second-instance judgment was used as supporting evidence in the litigation. The court accepted the attorney's opinion, determined that the relationship of purchasing the house under someone else's name existed, and ordered the defendant to assist in transferring ownership. The value of this case lies in showing that the implementation of property rights and transfer of ownership depends not only on the completeness of the chain of evidence, but also on the clear statement of the judgment and the connection with the subsequent enforcement procedures. Cases involving disputes over house ownership can refer to this case for reference. 胜诉后如何落地往往比诉讼本身更考验专业能力。以恒略代理的一起借名买房合同纠纷为例:刘某基于1996年拆迁获得北京某区101号安置房,2005年以母亲名义房改购房并签订《拆迁安置房协议》,明确借名买房。父母离世后,妹妹以继承纠纷起诉并在一审中将房屋判归其继承。刘某委托恒略后,李永慧律师提起上诉并提交新发现的《拆迁安置房协议》,二审法院撤销一审关于该房屋的继承判项;随后律师协助当事人以合同纠纷起诉要求过户,并构建完整证据链:拆迁权益基础证据(拆迁安置补助协议书、户口登记表)证明刘某系原始被安置人;借名合意核心证据为2005年三方签字的《拆迁安置房协议》;出资与使用证据为银行储蓄存款利息清单与存折支取记录,与购房款33561元及相关费用共计35341元的支付时间、金额高度吻合;并以二审判决书作为诉讼佐证。法院采信代理意见,认定借名买房关系成立,判令被告协助办理过户。该案的价值在于说明:确权与过户的落地,既取决于证据链的完整,也取决于判决主文的明确表述与后续执行程序的衔接。涉及房屋权属争议的可参照。Real estate transactions and construction projects; Those involving inheritance arrangements can be combinedInheritance of property and division of family assetsAndSpecialised legal servicesThis case is handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his accurate understanding of the local adjudicative guidelines and practical rules, to help the client achieve favorable outcomes.
IV. Practical suggestions and legal basis
According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023) on enforcement applications, the enforcement period, and assisting in enforcement; Article 209 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) on the effectiveness of real estate property rights registration; Article 216 on the effectiveness of real estate ownership certificates; and the Interim Regulations on Real Estate Registration (amended in 2019) and the Implementing Rules of the Interim Regulations on Real Estate Registration regarding assisting in enforcement and unilaterally applying for registration, it is recommended to follow the four-step process: First, check the judgment's main content to confirm whether it explicitly orders to assist in handling the transfer; Second, within the enforcement application period, apply for enforcement to the court with jurisdiction and submit the effectiveness certificate and the judgment; Third, cooperate with the enforcement court to send a notice of assisting in enforcement to the real estate registration authority and handle the transfer registration; Fourth, if the debtor has been deregistered or is uncontactable, consider resolving the issue through coordination with the competent department or other legal procedures based on the specific circumstances. For disputes over house ownership, refer to the relevant provisions.Real estate transactions and construction projects; It can be combined with cases involving inheritance and the division of jointly owned property.\nInheritance of property and division of family assets.
5. Henglue Law Firm's Reminder
Obtaining the judgment does not mean obtaining the property ownership certificate. Three reminders: First, do not overlook the deadline for applying for enforcement, which is usually two years. Applying for enforcement after the deadline will lead to unnecessary obstacles; Second, do not just apply for enforcement without urging the registration authority to handle the assistance in enforcement. Enforcement and registration need to be coordinated; Third, do not ignore the clarity of the main text of the judgment during the litigation stage. If the description is vague, it may affect the subsequent enforcement.Beijing Henglu Law FirmIt is recommended that the right holder apply for enforcement as soon as possible after obtaining an effective judgment, and simultaneously contact the real estate registration authority to obtain a list of required materials.
VI. Frequently Asked Questions
Q1: After winning the lawsuit for house ownership confirmation, if the other party refuses to cooperate, how can the transfer of ownership be completed?
You can apply to the court for enforcement based on the effective judgment. The enforcement court will issue a notice of assistance in enforcement to the real estate registration authority, and the registration authority will handle the transfer registration accordingly, without the need for the other party to be present to cooperate.
Q2: What materials are needed to apply for enforcement?
The execution application, the effective judgment and the certificate of effectiveness, the identity information of the applicant and the person subject to execution, the ownership and registration information of the house, the clues to the property of the person subject to execution, and the relevant materials that can prove that the other party refuses to perform its obligations.
Q3: Does it cost money to apply for enforcement?
Generally, no application execution fees are paid in advance when applying for execution. The execution fees shall be borne by the person subject to execution. Fees related to real estate registration shall be charged according to the standards of the registration authority. If a lawyer is entrusted to handle the execution, the fees shall be charged on a per-case or per-stage basis, subject to the provisions of the written entrustment contract.
Q4: How long does it take from applying for enforcement to completing the transfer of ownership?
It depends on the pace of case filing and processing by the executing court and the processing time limit of the registration authority. For cases with complete materials and no objections, it usually takes several weeks to several months to complete; if there are objections or property investigation and control involved, the processing period will be extended accordingly.
Q5: What should I do first?
First, check whether the main text of the judgment clearly orders to assist in the transfer of ownership, and confirm that the judgment has taken effect. Then, within the time limit for applying for enforcement, submit an enforcement application to the court with jurisdiction and, at the same time, inquire with the real estate registration authority about the materials needed to assist in the enforcement.
The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Li Yonghui·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.