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Hukou is a certificate that comes with a person's life. Under normal circumstances, both parties to the marriage are moved by the woman to the man's home. Of course, there are exceptions.
So if the husband and wife divorce in the future, can one party not separate the household registration? There is no necessary connection between divorce and hukou. And there is no clear provision in this aspect of our country's law, so you can not move, as long as the other party has no opinion after the divorce.
However, in order to avoid troubles and disputes in the future, it is recommended to separate the household registration after divorce. 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. 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 before moving out, obtain a migration certificate, and cancel his or her household registration.
If it is a matter of household separation or relocation caused by divorce, you can go to the local household registration authority to declare moving out with your divorce certificate, your ID card and household registration booklet.
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It can be divided. Conditions for applying for separation after divorce.
1. Except where the husband and wife cannot separate their household registrations, the original family members who live separately may separate the family households.
2. Adults who build (buy) houses outside the original family residence can separate the family because the man and woman who request to separate the household have already gone through the divorce procedures or obtained the divorce judgment from the court, so the marriage relationship between the man and the woman has been dissolved.
3. If the house has been allocated or awarded to one party, the other party needs to move out of the hukou, if there is a legal fixed residence in the local area or has immediate family members, the hukou should be moved to the fixed residence or immediate family members.
4. If not, you can apply to the police station where the household registration is located, and after investigation and verification by the police in the responsible area, the household registration will be attached to the street collective household.
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In principle, after the divorce, there will be a lot of inconvenience for the parties to have a household registration in one household register, and the parties have the right to choose to separate the household or move out of the household register. However, this right is not transferred by the will of the individual and must be in accordance with the hukou policy of the place of relocation.
According to Article 10 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 apply to the household registration authority of his or her habitual residence for the formalities of moving out of the household registration authority before moving out. Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.
At the same time, as the administrative organ of household registration, the public security organ has the right to directly go to the public security organ to learn about the household registration policy, and the public security organ has the obligation to inform it. According to Article 3 of the Regulations on Household Registration, the work of household registration shall be carried out by the public security organs at all levels. Cities and towns with public security police stations shall have the jurisdiction of the public security police station as the jurisdiction of the household registration; Townships and towns without public security police stations shall have the jurisdiction of the township or town as the household registration jurisdiction.
Township and town people's committees and public security police stations are the household registration organs.
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You can't separate your household, but you can move your household registration back to your parents' home.
The Ministry of Public Security expressly prohibits empty and registered households, so if there is no house in the divorce, the household registration can be moved back to the place where the parents' household registration is located, otherwise the household cannot be divided.
Documents required for moving back to your parents' home:
1.Bring the current household registration booklet, parents' household registration book, divorce certificate or divorce agreement, and permission to move in to the household registration office of the police station where the parents' household registration is located to apply for the permission to move in.
2.Bring the current household registration booklet, parents' household registration book, divorce certificate or divorce agreement, permission to move in certificate and permission to move in, and go to the household registration office of the police station where the current household registration is located to apply for a migration certificate.
3.Bring the current household registration booklet, parents' household registration booklet, divorce certificate or divorce agreement, certificate of permission to move in, a copy of the permit to move in, and a migration certificate, go to the household registration office of the police station where the parents' household registration is located to go through the relocation procedures, print the household registration book, and apply for a new ID card.
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The National Marriage Act provides.
From the date of divorce.
The other party's account already has anything to do with you.
Each of them can take the divorce certificate and change the household register.
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If there is no house after the divorce, the hukou can be separated in this way:
1. If you settle in the unit, take the household registration certificate to the local police station where you want to settle down, such as providing a certificate of the work unit, you can move the household registration back to the work unit;
2. If there is no housing after the divorce, you can also use the migration certificate to settle your household registration in the community collective household registration or the local talent market.
After the divorce, the household registration can be pretended to be handled in the following ways:
1. Stay where you are. You can continue to stay in the other party's location, and if the husband and wife have an agreement to move out, or if there is a request for a judgment or mediation letter, they must move out;
2. Move back to your hometown. If the original place of household registration agrees to move back, it may be moved back to the place where the original household registration was located before the marriage;
3. Set up a separate portal;
4. Remarry and move again.
The following materials need to be prepared for the division of household registration:
1. Written report of the applicant;
2. The original "Household Booklet";
3. List of members of the new family and proof of unit, or proof of real estate;
4. If you are married or divorced, you must also provide a "Marriage Certificate" or a divorce certificate.
Legal basisArticle 5 of the Regulations of the People's Republic of China on Household Registration.
If you do not have a house after the divorce, you can move your hukou back to your work unit by taking your hukou migration certificate to the hukou office of the local police station where you want to settle down, such as providing a certificate of your work unit.
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If you don't have a house after divorce, you are generally not allowed to divide your household. However, if there is a place to take refuge, such as parents and other relatives who are willing to accept it, they can divide the household registration. With the divorce certificate and ID card (must be in person) and the agreement or judgment, go to the police station where the household registration is located to apply for household separation.
Legal basis
In accordance with Article 19 of the Household Registration OrdinanceIt stipulates that when a citizen's household registration changes due to marriage, divorce, brotherhood, 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.
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However, if their close relatives or units are willing to accept their household registration, they may be incorporated into the household registration. According to the relevant laws and regulations, household registration is based on the unit of household, and if the person in charge lives in the same place, it shall be established as a household, and the person in charge shall be the head of the household. Legal basis: Article 5 of the Regulations of the People's Republic of China on Household Registration: Household registration is based on households.
Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household. If you live alone, you will be the head of your own household. Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories are established together or separately.
The head of the household shall be responsible for the registration of the household tomato finger liquid mouth in accordance with the provisions of these Regulations. 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.
1. The applicant himself must be an adult and start a family; 2. The applicant himself must have his own separate legal and fixed residence. If the applicant is married but does not have a house but lives with his parents, he or she must be registered as one household according to the Regulations of the People's Republic of China on Household Registration.
If the above conditions are met, you can go to the police station where your household registration is located to apply for household separation; Title deeds and photocopies; Proof of the village (neighborhood) committee and unit; Hukou booklet.
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Take Henan Province as an example.
Henan Provincial Public Security Organs' Household Service Management Work Specification
Children take refuge with their parents and enter the household.
1) It is necessary to provide proof of the review of relatives.
1) Written application from the applicant;
2) Household registration booklet and resident ID card of the applicant and the respondent;
3) Provide the "Medical Certificate of Birth" or proof of the relationship between the two parties.
2) Handling steps.
After the public security police station at the place of relocation accepts the application, the people's police in the responsible area shall investigate and verify the supporting materials provided by the applicant and submit opinions, and the leaders of the competent office shall sign the opinions and report them to the county (city) public security bureau or the household administration department of the city public security bureau for examination and approval.
The condition for the separation of households is that the actual dwelling has two or more natural rooms and lives alone. The division of units is limited to divorce and separation, and the division of units is handled as a bungalow. Illegal buildings such as self-built houses are not allowed to be separated.
1) A family living together and living alone due to marriage and not living together;
2) The divorced parties who have been sentenced or mediated by the court have the right to live in the house and do live there;
3) The parties to the real estate dispute who have been judged by the court to have the right to reside in the house and do live there;
4) Those who have gone through the formalities of private property separation, gift and inheritance;
5) Those who have gone through the procedures for the division of the house deed with the housing management department;
6) Other circumstances.
Segregation procedures. If the members of the household still live at the same address, and need to divide the household due to marital relations or changes in property rights, etc., they may submit the "Resident Household Booklet", the "Resident Identity Card" of the original head of the household, and one of the following materials, and submit an application to the public security police station at the place of household registration:
1) Marriage Certificate;
2) The "Divorce Certificate" or the people's court's divorce judgment or mediation document;
3) The judgments, rulings, and decisions of the people's courts on the division of the ownership and use rights of the house (excluding the confirmation of rights between husband and wife);
4) The certificate of ownership of private real estate after the separation of property and the certificate of lease and use of public housing after division issued by the real estate management department at or above the county level (excluding the confirmation of rights between husband and wife).
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Summary. Hello, I'm glad to answer for you, how to divide the house if you don't have a house after the divorce; Generally speaking, if one party does not have a house, then the other party can divide a part of the house to the party who does not have a house, or according to the negotiation and ruling of both parties, give the party who does not have a house a certain amount of property compensation. Extended Supplements:
According to the provisions of the Marriage Law of China, the real estate that has been purchased before marriage belongs to personal property after divorce, but if the other party has paid financial or labor resources for the purchase of the house after marriage, then the real estate should be divided as the joint property of the husband and wife in the division of divorce property. If one party does not have a house to live in, he or she can also claim a share of the property or receive some property compensation through negotiation or litigation.
Hello, I'm glad to answer for you, how to divide the house if you don't have a house after the divorce; Generally speaking, if one party does not have a house, then the other party can divide a part of the house to the party who does not have a house, or according to the negotiation and ruling of both parties, give a certain amount of property compensation to the party who does not have a house. Expansion and supplement: According to the provisions of the Marriage Law of China, the real estate that has been purchased before marriage is personal property after divorce, but if the other party has paid financial or labor resources for the purchase of the house after marriage, then the real estate should be divided as the joint property of the husband and wife in the division of divorce property.
If one party does not have a house to live in, he or she can also negotiate or sue to claim a share of the property or receive some property compensation.
It should be noted that when dividing the property, the ownership certificate of the house stove needs corresponding documents, such as the house sale contract, real estate certificate, etc., if one party refuses to provide the certificate or the certificate is incomplete, it is necessary to seek legal means to solve the problem. The division of property after divorce requires consensus, and if negotiation fails, it can be resolved through litigation. If there is a dispute over the division of property, the hidden spine can be resolved through a lawyer**.
Hope it helps.
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If you don't have a house after a divorce, you are generally not allowed to divide your household in the middle of the hail year. However, if there is a place to take refuge, such as parents and other relatives who are willing to accept the requisition, etc., they can divide the household registration. With the divorce certificate and ID card (must be in person) and the agreement or judgment, go to the police station where Huyuan Mountain is registered to apply for household division.
According to Article 19 of the Regulations on Household Registration, 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.
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If you don't have a house after a divorce, you can't divide your household. If the woman wants to move out of the hukou, you must first have a house. to be able to transfer the hukou.
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If the household registration has been on the ex-husband's household registration book due to divorce, and you want to handle the division or move out of the household registration, you can handle it in the following ways: 1. The divorced parties can go to the local public security police station to go through the procedures for household division or transfer with the original household key ruler book and the judgment of the court of legal relatives, mediation or divorce certificate, and the local public security police station shall handle it in accordance with the provisions of the judgment or mediation letter of the court in accordance with the provisions of household division and household establishment; 2. If one of the parties is unwilling to hand over the "Resident Household Booklet", and the mobilization and persuasion of the public security police station is ineffective, the police station shall directly handle the procedures for household division or moving out according to the court judgment or mediation document and divorce certificate, and print the "Resident Household Booklet" separately for the person who moves out, affix the seal of moving out, and indicate the reason and date of moving out or household separation on the "Permanent Residence Registration Form".
Questions. Can I go to the police station in the jurisdiction with my ID card and divorce certificate to handle it?
Yes. Questions.
Ok thanks. Uh-huh.
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