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If the party wants to transfer the household registration, he or she needs to submit the party's ID card, household registration book, marital certificate, and other documents to the household registration police station in the area where he has settled to apply for the settlement procedures.
If the household registration police station agrees to the party to move out of the household registration, the party's household registration will be cancelled, and the party will get the household registration information and then return to the police station in the area where the party has settled to go through the household registration procedures.
The Regulations of the People's Republic of China on Household Registration stipulates:
Article 10 Where 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, receive the migration certificate, 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.
Article 13: From the time of arrival at the place of relocation, within 3 days in urban areas and 10 days in rural areas, citizens or their households shall preside over the relocation documents and report to the household registration authorities for registration of their relocation, and surrender and cancel their relocation certificates.
Citizens who do not have migration certificates shall apply for relocation registration at the household registration authority in the place of relocation with the following documents:
1. Demobilized, demobilized and discharged servicemen shall present their certificates issued by the military service organs at or above the county or city level or by military organs at or above the regimental level.
2. Overseas Chinese and international students returning from abroad should present their passports or entry documents of the People's Republic of China.
3. A person who has been released by a people's court, people's procuratorate, or public security organ shall present a certificate issued by the organ that released him.
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.
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You're all divorced, and of course you'll go back to your hometown.
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Legal analysis: After the husband and wife divorce or hidden, the woman's household registration does not have to move out, but can continue to stay with the man. This is because when a husband and wife go through the divorce procedures, they will stamp the official seal of "divorce" on the household register.
Of course, if the husband and wife have an agreement to move out, or if there is a request for a judgment or mediation letter, the woman must move out. If you remarry after the divorce, you can move your household registration to the place where the remarried partner is located after the divorce, and the procedures and certificates required for the remarriage must be specifically understood in addition to the above-mentioned household registration policies and rules.
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 at the marriage registration office in person.
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 a high-level 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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It is possible to divide the household. The criterion for a citizen to divide a household is that although a family lives in the same place, it is economical and lives separately, and it can be set up separately.
The following materials are generally required to apply for subdivision: first, the applicant's written report; the second is the original household registration book; The third is the list of members of the new family and the certificate of the unit, or the certificate of real estate; Fourth, if the household is separated or established due to marriage or divorce, the "Marriage Certificate" or divorce certificate must also be provided.
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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) Divorce Certificate or Divorce Judgment or Mediation Document of the People's Court;
3) Judgments, rulings, and decisions of the people's courts on the division of house ownership and use rights (excluding confirmation of rights between husband and wife);
4) The certificate of ownership of private real estate after property separation 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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If you are divorced, your household registration is in your mother's house, and you can divide the household by yourself, which is okay, because we can go to the police station when we divide the household, and under normal circumstances, the separation of the household is a very simple thing.
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1. If the household needs to be divided due to changes in marriage, family members, or housing structure, the list of members of the new family and the certificate of housing ownership or unit division issued by the housing management department shall be presented. 2. If the household is separated by marriage or divorce, the household registration office of the police station shall go through the household division formalities at the police station after being reviewed and approved by the field police of the police station with the "Marriage Certificate" or divorce certificate (between the minor children and their parents, or between the units and in the unit house, where the household is separated, borrowed, rented, or built in a temporary house, etc.).
Marriage Registration Regulations Article 11 A Mainland resident who has registered for divorce shall present the following documents and supporting materials: (1) his/her household registration booklet and identity card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.
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Legal analysis: After the divorce, the household registration moves back to the parents' home, and if there is no real estate share rebate, it is generally impossible to set up a household independently. According to the relevant regulations on household registration management in China, after the divorce of the husband and wife, the party who wants to move the household registration can move back to the original place of household registration, or can apply for separate household registration with the supporting materials that can prove that the ownership and use rights of the house have been divided, and have a single independent household in the current place of household registration.
Legal basis: Article 5 of the Regulations of the People's Republic of China on Household Registration is based on the household registration. 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 household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.
In fact, in a situation like yours, you can live your own life separately, you and your husband go out to earn your own money and spend it yourself, why rely on the elderly? There is no face to ask for that money.
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