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Applications can be made as long as they comply with local regulations. According to the "Measures for the Guarantee of Low-rent Housing in Luchuan County": Article 5 The guarantee method of low-rent housing implements a combination of monetary subsidies and rent-in-kind allocation.
Monetary subsidy refers to the subsidy of rental housing issued by the county people to urban low-income families with housing difficulties who apply for low-rent housing guarantee, and they rent housing by themselves. Rent allocation in kind refers to the provision of housing by the county people to low-income families in urban areas who apply for low-rent housing guarantees, and collects rent according to the rent standard of low-rent housing. If there is a shortage of low-rent housing, the allocation of low-rent housing in kind shall be increased through new construction, reconstruction, acquisition, etc.
Article 6 To apply for low-rent housing security, the following conditions must be met at the same time:
1) Family members who have been resident of the county for more than one year (including one year) and actually reside in the county, and have a legally prescribed relationship of support, upbringing, or support among the family members;
2) The per capita monthly income of the family is below the low-income line determined by the county people for 3 consecutive months;
3) The per capita construction area of the family's self-owned housing (including self-built housing, housing reform housing, fund-raising housing, etc.) is lower than the guaranteed area standard for low-rent housing announced by the county people. Article 7 Where monetary subsidies are adopted, the amount of subsidies shall be determined in accordance with the difference between the existing housing area and the guaranteed area standard for low-income urban households with housing difficulties, and the subsidy standard for rental housing per square meter. The guaranteed area and subsidy standard of rental housing subsidy shall be determined by the county housing and construction and housing management departments in conjunction with the departments of finance, civil affairs and prices according to factors such as the level of local economic development, the average housing status of residents, the average market rent and the economic affordability of families with difficulties in urban low-income housing, and shall be implemented after approval by the county people.
Among them, for urban residents with minimum living allowances, the rental housing subsidy standard shall be determined according to the average rent of the local market; For other urban low-income households with housing difficulties, the subsidy standards for rental housing shall be determined according to the income situation and other categories. Article 8 Where the method of rent-in-kind allocation is adopted, the area to be allocated for rent shall be the difference between the area of the existing self-owned housing of low-income families with housing difficulties in the county's cities and towns and the standard of guaranteed area. The rent standard of low-rent housing allocated in kind shall be subject to ** pricing.
The rent of the housing allocated in kind shall be determined in accordance with the allocated area and the rent standard stipulated by the county people. If the area of low-rent housing allocated for rent in kind does not exceed the area that should be allocated for rent, it shall be implemented in accordance with the rent standards for low-rent housing stipulated by the price department, and the part that does not reach the difference in the area that should be allocated for rent shall be subject to monetary subsidies, and the part that exceeds the area that should be allocated shall be implemented in accordance with the rent standards for ordinary public housing stipulated by the price department.
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Low-rent housing is also a headache for many divorced couples in disputes over the division of marital property. Regarding the issue of how to deal with divorced low-rent housing, this article will give you a brief analysis of how to distribute low-rent housing divorce. Hope I can help you a little.
1. What is low-rent housing?
Low-rent housing refers to the provision of social security housing in the form of rent subsidies or rent in kind to families who meet the minimum living security standards for urban residents and have housing difficulties. From the literal meaning, it can be seen that low-rent housing is a house rented by both husband and wife, and there is no ownership of the rented low-rent housing, only the right to use. However, due to the low rental of low-rent housing, many divorced couples still have doubts about how to allocate low-rent housing.
So, how to distribute divorced low-rent housing? How does the state deal with low-rent housing divorce?
2. According to the relevant policies and regulations of low-rent housing, low-rent housing is a preferential policy for families who have the ability to apply for low-rent housing. Therefore, low-rent housing is only rented to families who meet the conditions for renting low-rent housing, and it is not a buying and selling relationship. Residents do not have the right to dispose of low-rent housing.
The two sides negotiated, ?
Yes, first of all, the two parties can negotiate a settlement. Decide which party will continue to live in the low-rent housing and give some compensation to the other party. There are no mandatory regulations for the negotiation between the two parties, as long as it is something you are willing to do, it is okay.
However, it is not possible to violate the mandatory provisions of the law. How can we divide those who cannot reach an agreement?
The two sides could not reach an agreement
If the two parties cannot reach an agreement, they can choose to go to the court to sue for the division of low-rent housing. At this time, the division does not refer to who owns the house, but only to determine who will continue to live in the low-rent housing and the other party will move out of the low-rent housing. Here, it is up to the judge to analyze and deal with which party will continue to live in the low-rent housing according to the actual situation.
It does not mean that whoever applies for low-rent housing has the right to continue to live there. In other words, the head of the family applies for low-rent housing by policy, but at the time of divorce, the head of the household is not directly in possession of the low-rent housing, and other people, as long as the court has ruled to continue to live in the low-rent housing. Of course, how the court decides which party to continue to live in the low-rent housing depends on the actual situation of the family members, such as income level, physical condition, whether there are children to raise, policies and regulations, etc., in short, the specific situation is analyzed on a case-by-case basis.
Yes, there is also a method that is practically operational. That's bidding. The husband and wife bid for the low-rent house, and the party with the highest bid will obtain the right to live in the house and give the other party a certain compensation. This method may be more convenient in practice.
Finally, it should be reminded that it is not only the applicant who has the right to use the low-rent housing, the applicant is only the representative of the low-rent housing application, and the application for low-rent housing on behalf of the whole family. Therefore, people other than the applicant can still take the initiative to protect their legitimate rights and interests.
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Legal analysis: It depends on the woman's conditions, you can look at the following conditions. You can apply for low-rent housing in the following situations:
1. The applicant has a permanent residence in the local city for more than 5 years;
2. The applicant must be a low-income family or the lowest-income family recognized by the local civil affairs department;
3. The per capita housing construction area of the applicant's family is less than 15 square meters and the total construction area of the family housing is less than 50 square meters;
4. The applicant family members have a legal relationship of support, support or upbringing, and live together;
5. The applicant and his/her family members have been confirmed by the local housing management department that there is no housing elsewhere.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Summary. Hello, the conditions for a divorced woman to apply for low-rent housing are as follows: 1. The applicant has a permanent residence in the local city for more than 5 years; 2. The applicant must be a low-income family or the lowest-income family recognized by the local civil affairs department; 3. The per capita housing construction area of the applicant's family is less than 15 square meters and the total construction area of the family housing is less than 50 square meters; 4. The applicant family members have a legal relationship of support, support or upbringing, and live together; 5. The applicant and his/her family members have been confirmed by the local housing management department that there is no housing elsewhere.
Hello, the conditions for a divorced woman to apply for low-rent housing are as follows: 1. The applicant has a permanent residence in the local city for more than 5 years; 2. The applicant must be a low-income family or the lowest-income family recognized by the local civil affairs department; 3. The per capita housing construction area of the applicant's family is less than 15 square meters and the total construction area of the family housing is less than 50 square meters; 4. The applicant has a legal relationship of support, support or support between family members, and lives together and is promoted; 5. The applicant and his/her family members have been confirmed by the local housing management department that there is no housing elsewhere.
Legal basis: Article 7 of the Administrative Measures for Public Rental Housing shall meet the following conditions: (1) There is no housing in the local area or the housing area is lower than the prescribed standard; (2) Income or property is lower than the prescribed standards; (3) The applicant is a migrant worker and has been stably employed in the local area for the specified number of years.
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