Rural couples divorce and give their children a house, and the man gets married again, how to divide

What if the man gets married again? You can set up your own portal through negotiation, which must be in line with the household registration management policy.

If the wife is divorced, the house is given to the children, and the man is married again, of course, there is no need to divide the household again, and the household registration can be moved, and there is no property dispute.

The husband and wife divorced and gave the house to the daughter, and the man remarried, he can live with the daughter, but you do not have the property right to the house, and you can also apply for a homestead to rebuild the house.

In this case, the man got married again and started a single household. Apply for a homestead and rebuild a house by yourself. You can't live with your children. There is no way to do it.

The rural couple is divorced, the house is given to the daughter, and the man is married again, how to divide the household? Since the rural couple is divorced and the house has been given to the daughter, the house should be given to the daughter, and the south has done it and got married, and it should not have the daughter's house.

It depends on whose name the house is in, who paid for the house, and if the house is still in your ex-husband's name, then his house is still his, and he allocates how to use it himself.

Take the materials and go to the local housing authority to handle it.

I think that since the man and the woman have divorced, the woman will not appear in his household register, and there is no need to divide it?

Rural couples are divorced, the house is given to their children, and the south is going to get married again, how to divide the household? This man can um, put up the hukou and marry his current wife.

Legal Analysis: Yes. However, the following conditions must be met for the sub-household:

1. Sakuraga himself is an adult and financially independent; 2. There is no separation between husband and wife, between minor children and between parents; 3. Do not live in the same place with the head of the household, have a separate house and have a clear door, household and license address; 4. Proof of township, village and group agreeing to divide households.

Legal basis: "Regulations of the People's Republic of China on Household Registration" 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 shall sincerely repent, or personally report to the registration authority of Huxiang Zhengkou to change the registration.

Legal Analysis: Yes. However, the following conditions must be met for the sub-household:

1. I am an adult and financially independent; 2. There is no separation between husband and wife, between minor children and between parents; 3. Do not live in the same place with the head of the household, have a separate house and have a clear door, household and license address; 4. Proof of township, village and group agreeing to divide households. Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 19 When a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, disappearance of He Xiang, recovery, or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration.

If a rural house is jointly owned by the husband and wife, the husband and wife shall negotiate the division at the time of divorce, and if they cannot reach an agreement, they can file a lawsuit with the people's court for division, and the people's court will generally make a judgment to one party, and the party who obtains the house shall give the other party corresponding compensation. If the house is the personal property of one of the parties, it will not be divided in the event of divorce.

1. How to verify and deal with the real estate that is donated during marriage.

The real estate donated during the marriage is generally the joint property of the husband and wife, and the division can be claimed in the event of divorce, and the court can sue if the division is not successful. If it is determined in the gift contract that it belongs to only one party, it is the personal property of the donee and the other party has no right to divide it in the event of divorce.

If the parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

3) If neither party claims ownership of the house, the proceeds shall be divided according to the application of the parties for auction and sale of the house.

2. What should I do if the divorced house does not have the woman's name written.

1. If the husband and wife do not have a clear agreement on the house purchased during the marriage of the husband and wife, even if only the name of one of the people is written on the real estate certificate, it shall be recognized as the joint property of the husband and wife

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be allowed;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party the corresponding compensation for the dispute;

3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided.

2. If the property is paid by one party before marriage and the joint property of the husband and wife is used to repay the loan after marriage, and it is registered in the name of the party paying the down payment, how to divide it at the time of divorce shall be negotiated by both parties, and if the negotiation fails, the court will generally determine that it is the personal property of the property right registration party, and the loan jointly paid by the husband and wife and the property appreciation part corresponding to the house belong to the joint property, and the real estate registration party shall compensate the other party at the time of divorce.

3. If the property is the personal property of the party whose title is registered, then the spouse has no right to divide it in the event of divorce.

Article 1087 of the Civil Code of the People's Republic of China.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal Analysis: Yes. However, the following conditions must be met for the sub-household:

1. Liyan himself is adult and financially independent; 2. There is no separation between husband and wife, between children and parents; 3. Do not live in the same place with the head of the household, have a separate house and have a clear door, household and license address; 4. Proof of township, village and group agreeing to divide households.

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

Legal analysis: Yes, after the divorce, the parties can not move the household registration, and can apply for household division procedures on the spot. It is necessary for the parties to hold their ID cards, household registration books, divorce certificates, and divorce agreements, and go to the household registration police station to explain the situation, and apply for a household registration book with only one trace of the person's name.

Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 10 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 the migration certificate, and cancel the household registration. Citizens of Kochi who move from rural areas to cities must apply to the household registration office of their permanent residence to move out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the city household registration office.

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.

Legal Analysis: Yes. However, the following conditions must be met for the sub-household:

1. I am an adult and financially independent; 2. There is no separation between husband and wife, between minor children and between parents; 3. Do not live in the same place with the head of the household, have a separate house and have a clear door, household and license address; 4. Proof of township, village and group agreeing to divide households.

Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 19 When a citizen changes the judgment of 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.