My husband and his ex wife are divorced, but his ex wife is unwilling to move out of the hukou

1. What should I do if my ex-wife refuses to move out of her household registration after divorce.

1. After the divorce, the ex-wife's household registration refuses to move out of the following ways:

1) The woman's household registration is in the man's household, and the woman will not move out after the divorce. The man first negotiates with the woman, and if the negotiation fails, he will file a lawsuit in the court, and let the court forcibly move out in accordance with the law;

2. Legal basis: Article 19 of the Regulations of the People's Republic of China on Household Registration.

When a citizen's household registration changes due to marriage, divorce, adoption, household separation, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change of registration to the household registration authority.

Article 20. In any of the following circumstances, public security administrative sanctions or criminal responsibility shall be pursued in accordance with law according to the severity of the circumstances:

1. Failure to declare the household registration in accordance with the provisions of these Regulations.

2. False account declaration.

3. Forging, altering, transferring, lending, or selling household registration documents.

4. Impersonating someone else's account.

5. The hotel manager does not handle the passenger registration in accordance with the regulations.

2. What are the conditions for accepting an application for divorce registration?

1. The marriage registry office has jurisdiction;

2. The husband and wife who request a divorce jointly apply to the marriage registration office;

3. Both parties have full capacity for civil conduct;

4. The parties hold and the agreement contains the expression of intent of the parties to divorce voluntarily and the opinions reached through consensus on matters such as property and disposal;

5. The parties concerned hold a certificate issued by the Mainland marriage registration authority or the Chinese embassy abroad;

6. Each of the parties submits 2 2-inch single recent half-length bareheaded**;

7. Identity documents.

Legal Analysis]: 1. First of all, divorce is definitely necessary to move the hukou, if the woman does not move the hukou out, then if the man wants to remarry, the other party may see that the man's hukou book still has his ex-wife's name. Therefore, if the woman is unwilling to move out of the household registration after the divorce, the head of the household can first apply to the household registration management authority to change the registration, and if both of you have no objection, you can directly register at the place of household registration.

2. Then if you can file a lawsuit with the other party's household registration address or habitual residence, if the other party can reach an agreement, but do not want to return to his household registration, you can also apply for divorce according to the court of residence. Because according to our household registration regulations, if a citizen changes his or her household registration due to marriage, divorce or other events, he or she applies to the household registration authority for registration.

Legal basis]: The 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' intention to divorce voluntarily and the opinions reached through consultation 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) Cohabitation of a bigamy or accuser with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

Legal analysis: If the inheritance has nothing to do with the location of the ex-wife's household registration, her household registration will not be moved, and the following can be referred to: 1. Bring the household registration book, ID card, divorce certificate, court judgment (divorce agreement) and other materials of the person to be followed; 2. Go to the household registration department of the police station in the jurisdiction where the household registration is located to divide the household registration book at the same address; 3. The inheritance after divorce or the inheritance specified in the will during the existence of the marriage relationship has nothing to do with the ex-wife; 4. The enjoyment of the benefits of demolition is subject to the policy of the local demolition department (generally speaking, only those who have a household registration in the local area and do not have real estate cannot share the benefits of demolition).

Legal basis: "Regulations of the People's Republic of China on the Registration of the People's Republic of China" Article 19 When a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration.

It's already divorced, what's the matter if you don't move your hukou, go to the public security bureau and ask about it, if it doesn't work, force it, if she doesn't move, it will prevent you from remarrying.

Hukou is the household registration, and the hukou is owned by the public security organ.

Legal documents prepared by household administration agencies to record and retain basic information on household population. Hukou is a general term for households and populations.

Hukou is a unique method of population management in China.

After a Chinese is born, he is required to choose the household registration of one of his parents as his household registration, and he can also move his household registration in school, employment, etc., but sometimes the local ** will limit the number of places to be relocated, and levy high urban capacity increase fees; There are also a large number of people who do not have a hukou due to overbirths and other reasons.

In addition to the number of households and population, the mainland often uses it instead of "hukou", i.e., the civil affairs and public security departments.

A register of local residents on a household basis.

The household registration police of the police station are responsible for registering and recording all kinds of information such as the name, gender, age, occupation, address, and membership relationship of each family member. If you give birth to a child, you must report your household registration; Someone dies and has to cancel their account.

Your husband has been divorced, and it has no effect on you if you don't move your hukou, you can also re-apply for a marriage certificate with your husband, and you can also move your hukou to your husband's hukou, so that your husband and his ex-wife can separate the hukou and set up a separate hukou for your husband, after you marry your husband, your hukou is on your husband's hukou, and his ex-wife is his own hukou, and he will not have a hukou with your husband.

Need your husband to change his marital status to divorced. Then take your marriage certificate and ID card to the local police station to handle it.

If the contents of the household registration need to be changed or corrected, the head of the household or the person himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. When the household registration authority deems it necessary, it may request proof of change or correction from the applicant.

My ex-wife's household registration is not moved, what should I do? It should be viewed correctly and rationally.

After the divorce, you can ask for the separation of the household registration, which can go to the court to sue for 50 yuan.

Legal analysis: If the inheritance has nothing to do with the location of the ex-wife's household registration, her household registration will not be moved away, and it can be handled as follows: 1. Bring your household registration book, ID card, divorce certificate, court judgment (divorce agreement) and other materials; 2. Go to the household registration department of the police station in the jurisdiction where the household registration is located to divide the household registration book at the same address; 3. The inheritance after divorce or the inheritance specified in the will during the existence of the marital relationship by the parties has nothing to do with the ex-wife; 4. The enjoyment of the benefits of demolition is subject to the policy of the local demolition department (generally speaking, only those who have a household registration in the local area and do not have a housing property cannot share the benefits of demolition).

Legal basis: Regulations of the People's Republic of China on Household Registration Article 19 When a citizen changes his or her household registration due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration.

1. What should I do if my husband's ex-wife refuses to move her household registration after a divorce.

1. After the divorce, the ex-wife's household registration refuses to move out of the following ways:

1) The woman's household registration is in the male skin formula, and the woman will not move out after the divorce. The man first negotiates with the woman, and if the negotiation fails, he will file a lawsuit in the court, and let the court forcibly move out in accordance with the law;

2. Legal basis: Article 19 of the Regulations of the People's Republic of China on Household Registration.

When a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, loss of traces, recovery or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration.

2. What procedures and documents are required to transfer the household registration after divorce?

If both husband and wife are divorced and one party needs to move out of the household registration, he or she can apply to the police station of the place of relocation or the police station of the place of relocation with the divorce certificate or court judgment respectively, and go through the formalities for moving out after obtaining the "Permit for Relocation".

In addition, they need to bring the following materials: 1. Hukou and ID card;

2. Application for household entry;

3. Proof of the police station where the applicant's permanent residence is located;

4. Proof of the police station where the applicant's household registration is located.

3. What are the procedures to be followed by husband and wife to divorce and move their household registration?

According to the provisions of the Regulations on Household Registration, if a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration authority, obtain the migration certificate, and cancel the household registration before moving out. Therefore, for the migration of the divorce household registration of husband and wife, the specific process is as follows:

1. Submit an application to the police station where the current household registration is located, and the police station where the household registration is located will issue a household registration certificate.

2. Apply to the Household Affairs Section of the Municipal Public Security Bureau at the place of relocation with the application form, the applicant's household registration book and ID card, and the certificate of the police station where the applicant's permanent residence is located.

3. After review, if the conditions are met, the Household Affairs Section will issue the "Permit for Relocation".

4. Go back to the police station where your household registration is located to apply for a relocation permit with the "Permit for Relocation".

5. Take the migration certificate and ID card to the police station where you move in.

In addition, if the divorce is separated, the divorce certificate can be reviewed and approved by the police station field police, and then the household registration office of the police station can go through the household separation procedures.