How to divide a three story house in a rural area after divorce?

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.

How should a three-story house in the countryside be divided after divorce? It depends on whether the three-story house is marital property, and if it is marital property, both husband and wife have a share.

If the old real estate deed is left by the man, your husband and wife cannot divide the house if they divorce.

You can consult a lawyer and make a reasonable allocation in this regard.

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.

If it is necessary to divide the household due to changes in marriage, family members, or changes in housing structure, the list of members of the new family and the certificate of house ownership or unit division issued by the housing management department shall be presented. In the case of marriage or divorce and household separation, 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 police station on the basis of the "Marriage Certificate" or divorce certificate (the minor child and his parents live separately, borrow, lease, or build temporary housing in the unit, etc.).

1. Can the household registration of divorced children be forcibly relocated?

Whether a divorced child's hukou can be forcibly relocated depends on the reason for the relocation. When there is a change in marriage, whether you choose to divorce by litigation or by agreement, the issue of child custody will be involved. If the party who has obtained custody of the child needs to move the child's household registration out of the original household registration, the divorced party may go to the local public security police station to go through the formalities of household separation or relocation with the original household registration book and the court judgment.

The local public security police substation shall handle it in accordance with the provisions of the court's judgment or mediation document, and the division of households and the establishment of households. Regardless of whether the other party cooperates or not, the formalities for household division and relocation can be handled in accordance with the judgment, and the date and reason for the division can be indicated in the household register.

2. How to separate your household registration from your family.

It can be independent, and it is okay to have a valid reason. If the family members live in the same place, it shall be a single household; If it is necessary to separate and establish a household due to changes in marriage or separation, the police officer in charge of the household registration of the police station shall directly handle it with the applicant's application report, "Household Registration Booklet", "Marriage Certificate", "Real Estate Certificate" or the rental certificate of the rental house or the low-rent housing directly managed by the housing management department or the state-owned land use certificate or the collective land construction land use certificate or valid housing certificate.

3. Can the daughter-in-law's household registration be sued?

1) The household registration authority at the place of current household registration shall issue a certificate of moving out. Before moving out, the person or the head of the household shall report to the household registration authority for moving out of the registration, obtain the relocation certificate, and cancel the household registration.

2) Go through the move-in procedures. Within 3 days from the time of arrival at the place of relocation, within 3 days in urban areas and 10 days in rural areas, the person or the household shall preside over the relocation certificate and report to the household registration authority for the registration of the relocation, and the relocation certificate shall be cancelled. Note:

If it is necessary to divide the household due to the change of marriage, it shall be handled with the housing property right certificate or unit subdivision certificate issued by the housing management department. If the minor child and his parents live separately or in the unit, they shall go to the household registration office of the Chayun Police Station to go through the household separation formalities after being reviewed and approved by the field police of the police station.

Article 19 of the 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: If it is necessary to divide the household due to changes in marriage, family members, or housing structure, the list of members of the new family and the certificate of house ownership or unit division issued by the housing management department shall be presented. If the household is separated by marriage or divorce, the household registration room of the police station shall be handled in a rough manner with the "Marriage Certificate" or the divorce certificate (the minor child and his parents live separately, borrow, lease, or build temporary housing in the unit, etc., and the household shall not be separated), and after being reviewed and approved by the field police of the police station, go to the household registration office of the police station to go through the household separation formalities.

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, separation, merger, disappearance, recovery or other reasons, the head of the household or the returnee shall report to the household registration authority for the change of registration.