There is no divorce from the old man, who owns the house

At the time of divorce, the division of property has nothing to do with whether it is separated from the elderly, and the real estate purchased by the husband and wife during the existence of the marital relationship shall be recognized as the joint property of the husband and wife, and at the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

According to the Marriage Law of the People's Republic of China:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

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

Make it clear whose name is on the title deed.

When the house was built or bought, before the marriage, is not part of the joint property of the husband and wife, and if it is after the marriage, it depends on the specific situation.

Legal analysis: After the divorce, you can't separate the household if you don't have a house, but you can move the household registration back to your parents' home. Because the Ministry of Public Security explicitly prohibits empty and registered households, 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.

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

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 of Zitong who move from rural areas to cities must apply to the household registration authority of their permanent residence for moving out of the city with a certificate of employment from the urban labor department, a certificate of admission to the 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 or discharged servicemen shall present their certificates issued by the county or city military service organs or military organs at or above the regimental level;

2. Overseas Chinese and international students returning from abroad should present their passports or entry documents from the People's Republic of China;

3. Persons who have been released by the people's courts, people's procuratorates, or public security organs may present the certificates issued by the organ that released them.

Legal analysis: There is no legal relationship between the two parties after the divorce, they belong to two independent hukou, and they can go through the procedures for household division according to law: after the divorce, they cannot divide the household without a house, but they can move the hukou back to their parents' home.

There is no legal relationship between the two parties after the divorce, and they belong to two independent household registrations, and they can go through the procedures for household separation in accordance with the law.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" Article 27: Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be recognized as the joint property of the husband and wife.

There is no legal relationship between the two parties after the divorce, and they belong to two independent hukou, and they can go through the procedures for household separation according to law: after the divorce, they cannot divide the household if they do not have a house, but they can move the hukou back to their parents' home. After the divorce, the two parties do not have any legal and legal relationship, and they belong to two independent household registrations, and they can go through the household separation procedures in accordance with the law.

How to get a divorce account for a long time.

Generally, after divorce, there are two ways to deal with the hukou, one is to divide the hukou, and the other is to move the hukou out. 1. Household separation refers to dividing the original household registration book into two divorced couples, each with a new household registration book. The woman can go to the police station where the household registration is located to go through the household separation procedures with the divorce certificate (court judgment or mediation document, or divorce certificate) and the household registration book.

At this time, the woman's household registration is still in the same place, that is, the place where it is registered in the old household registration book. 2. If the woman goes back to her parents' home or goes to other places, she can apply to the police station of her current place of residence to settle down.

2. Will the household registration be automatically cancelled after divorce?

The household registration will not be automatically cancelled after the divorce. If a citizen's household registration is changed due to marriage, divorce, adoption, adoption, household division, merger, disappearance, discovery, or other reasons, the head of the household or the person himself shall apply to the household registration authority for the change of registration. The person applying for a change of household registration can be either the person concerned or the head of the household.

If the divorce is filed through litigation, the parties to the divorce can go to the local public security police station to go through the procedures 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 court's judgment, or the provisions on mediation documents, household division, and household establishment.

If one party is unwilling to hand over the original household registration booklet, and the mobilization and persuasion of the police station is ineffective, it may go through the formalities of household division or relocation in accordance with the judgment, and indicate the date and reason for the division in the household registration book. In addition, in the case of divorce by mutual agreement, the clause in the agreement regarding the woman's move out of the household registration after the divorce can be applied to the court for a ruling.

3. How to separate the independent household registration book from the household registration book?

How to separate and independent household registers: Household separation generally refers to the fact that after the children reach adulthood or become a family, they will be independent from the parents' household registration and become a household of their own. The division of households in the household registration management system refers to the fact that although citizens live in the same place, they are financially independent and live separately, and they can establish separate household registration files.

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 parties to the divorce 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 that have been adjudicated or mediated by the court have the right to live in the house and do live there; (4) Those who have gone through the formalities of private property dissolution, 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.

Article 27 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be deemed to be the joint property of the husband and wife.