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In Fujian Province, for example, if the household registration book cannot be used for marriage registration, house purchase, litigation and other social activities due to family conflicts, the public security police station will issue a household registration book containing only the first page and the contents of the person's "permanent resident registration card".
According to the "Fujian Provincial Public Security Organs' Household Registration Management Regulations":
Article 172:Where the head of the household or one of the family members of a family is unwilling to hand over the household's "Resident Household Booklet" to other family members for use due to internal family conflicts, so that the family member is unable to handle personal affairs, the public security police substation shall persuade and educate the party who keeps the "Resident Household Booklet"; If the education is invalid, inform them of the relevant household registration policy in writing; If the Resident Household Booklet is still not submitted after 5 working days of notification, the public security police station may handle it in accordance with the following circumstances with the written application and the Notification of the family member:
1) Where it is not possible to use the household's "Resident Residence Booklet" to apply for a "Resident Identity Card" due to family conflicts, the application, replacement, and replacement procedures for the "Resident Identity Card" shall be accepted;
2) Where it is necessary to use the "Resident Household Booklet" of the household to go through the formalities for changing the household registration, such as household relocation or household division, the applicant shall submit the divorce certificate (or the judgment of the people's court) and other materials, and the public security police station shall accept the formalities for the change of the household registration;
3) Where it is not possible to use the household's "Resident Household Booklet" for marriage registration, house purchase, litigation, or other social activities due to family conflicts, the public security police substation shall prepare and issue a "Resident Household Booklet" containing only the contents of the first page and the person's "Permanent Resident Population Registration Card", and indicate the relevant circumstances in the "Permanent Resident Population Registration Form" and the Fujian Provincial Public Security Management Information System.
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Call the police and let the police coordinate.
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Where did the household register fall after the divorce?
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Legal analysis: The man's unwillingness to take out the household registration book leads to the inability to transfer the household registration, which can be solved in two ways: one is to confirm that the household registration book is indeed filed with the court in the case of the man. Because the household registration book is shared and shared by both parties, the husband is not pure and willing to take it out to sue the other party for infringement;
1. Write a request for migration report and report the situation to the leader of the police station where the original husband's household registration is located or their superior authority;
2. Write a request for migration report and report the situation to the township where the original husband's household registration is located**;
3. Write a request for migration report and report the situation to the county or municipal letters and visits bureau where the original husband's household registration is located.
Another way is to apply to the household registration management department for a replacement of the loss. Since it is always impossible to obtain the household registration book, it can be confirmed that it has been lost, and the household registration can be moved out by the way when it is reissued by the household registration department.
Legal basis: Regulations of the People's Republic of China on Household Registration Article 10 When 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 before moving out, obtain the first sail certificate for relocation, and cancel the household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving 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 urban household registration authority.
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.
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If the ex-husband refuses to give the household registration book after the divorce, it shall be dealt with in accordance with the following circumstances: 1. If the woman's household registration has a place to go, she can apply to the household registration authority to move the household registration from the ex-husband's house; 2. If the woman really has nowhere to go, she can negotiate with her ex-husband, and if the ex-husband agrees to give, the matter can be over, and after negotiating with the ex-husband, if the ex-husband is still unwilling to give the household registration book, the woman can go to the household registration authority to help solve it. According to 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, 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 basis] Regulations of the People's Republic of China on Household Registration
Article 4 The household registration authority shall establish a household registration book in this town.
In cities, on water, and in towns with public security police stations, each household shall be issued a household registration booklet.
In rural areas, cooperatives are issued household registration books; Accounts other than cooperatives are not issued with a household register.
The household register and the matters registered in the household register have the effect of proving citizenship.
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Legal analysis: There are two ways to solve the problem: the first method is to confirm that the household registration book is in the case of the man, and a lawsuit can be filed with the court.
Since the household registration book is shared and shared by both parties, the husband is unwilling to take it out, and he can sue the other party for infringement; The second method, which is also more convenient, is to apply to the household registration administration department for a replacement of the loss.
Legal basis: "Bimeng 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 Dahui initiates a divorce lawsuit with the other party, 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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Legal analysis: The first method is to confirm that the household register is in the case of the man, and a lawsuit can be filed with the court. Since the household registration book is shared and shared by both parties, the husband is unwilling to take it out, and he can sue the other party for infringement; The second method, and the more convenient way:
Apply to the household registration department for a replacement of the loss.
Legal basis: Regulations of the People's Republic of China on the Registration of the Household Registration of Nuclear Brothers" Article 16 Where a citizen leaves his or her place of habitual residence for more than three months due to private matters, he or she shall apply to the household registration authority for an extension of time or go through the formalities for changing the time and moving to the company; Where there is no reason to extend the period of time and there are no conditions for relocation, they shall return to their place of habitual residence.
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In the case of divorce and ex-husband does not give the household registration book, if the woman wants to move the household registration, she can explain the situation to the household registration authority, and after the household registration is reissued, the household registration can be transferred. It is also possible to sue for the other party's refusal to deliver, and after the other party performs the effective judgment, the household registration transfer is handled in accordance with law.
Legal basis
Article 10 of the Regulations of the People's Republic of China on the Registration of Manuscript Shirts.
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.
Article 13. Citizens who move from the time they arrive at the place of relocation, within three days in urban areas and within 10 days in rural areas, shall preside over the relocation certificate and declare the relocation registration to the household registration machine, and surrender the relocation certificate.
Article 19. 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.
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