What to do if you divorce rural land, can you still have land after a divorce in rural couples?

China's rural land contracting is mainly carried out by household production contracting, and the contracting subject is the family as the unit, and the right to contract and manage land is a common property right for the members of the family. However, based on the current nature and method of land contracting in China, the specific problems in divorce still need to be analyzed in detail. 1. After marriage, the land contract is signed in the name of one party or the business right certificate is obtained.

When the husband and wife are members of the collective economic organization, when the marriage relationship is dissolved, they shall be divided in accordance with the principle of division of common property. If one of the husband or wife is an urban resident, the right to operate the land contracted at the time of divorce shall belong to the party who is not an urban resident. 2. One party obtains the right to contract and operate land before marriage, and the other party moves in after marriage.

If a division is requested at the time of divorce, it should also be handled according to the circumstances. First, if the location of the contracted land is divided according to the method of "increasing the number of people without increasing the land, and reducing the number of people without reducing the land", regardless of whether the parties to the divorce belong to the same economic organization, if the party who moves in requests to divide the land contracted by the other party at the time of divorce, the court will not support it. Second, if one party moves in after marriage, and the village collective where the village settles in is to supplement the area of the contracted land of the household with the collective's reserved land, reclaimed land, or contracted land returned by others in accordance with the method of "major stability and small adjustment", in principle, the additional part shall belong to the party who has moved to the marriage, but if there is a share of other members of the contracted household, it shall be deducted.

1.The issue of land rights confirmation for married women.

1) If the contracted land is in the mother's house, the village group of the place where the marriage is married shall confirm the registration and issue a certificate for its land contracting and management rights in accordance with the law.

2) If the contracted land is in the mother-in-law's house, the village group where the marriage is married shall confirm the registration and issuance of the certificate for its land contracting and management rights in accordance with the law;

3) The in-laws and mother-in-laws have land, although the situation is very rare, but it is not excluded that there is such a situation, according to the actual situation and choice of the married woman, you can choose to register in one of the parties and only one party can be registered. The land of the other party shall be recovered by the village collective.

4) The mother-in-law's family and the mother's family have no land, and there is no land without confirmation, unless they can apply for land at the place where their household registration is located, but this involves the adjustment of land contracting, and the rural collective economic organizations have collective mobile land and other allocable land, and the peasant masses have strong requirements, the villagers' meeting shall agree to the allocation of contracted land in accordance with the law, and the registration and issuance of certificates can be carried out in accordance with the law. But the reality is that it is generally difficult to obtain the consent of more than 2 3 villagers.

2.Confirmation of land rights for divorced and widowed women.

1) If a divorced or widowed woman who has not separated her household is still living in her original place of residence, or who does not live in her original place of residence but has not obtained a contracted land in her new place of residence, the village collective shall not take back her original contracted land.

If a widow is widowed, his rights shall be confirmed in accordance with the law, and in the case of a divorce, his or her contracted land shall be registered and issued in accordance with the law in accordance with the contract land determined by the court judgment or agreement at the time of divorce.

2) If the divorce has been divided, the parties to the divorce shall provide the court judgment or agreement and the divorce certificate, and sign the contract respectively according to the application for household division and the contract land division plan submitted by both parties, and then confirm the registration and issue the certificate.

3.The issue of land rights confirmation for unmarried women.

1) If there is contracted land, the right confirmation registration and certificate shall be issued in accordance with the law.

2) If there is no contracted land, refer to the above-mentioned situation that "the married daughter-in-law's family has no land".

It's over, and the people of the village are talking nonsense.

In rural areas, land can be divided in the event of a divorce. However, based on the current nature and method of land contracting in China, the specific issues in divorce still need to be analyzed in detail.

Legal basis: Civil Code of the People's Republic of China

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Article 1085:After marriage, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

If it is land jointly owned by husband and wife, according to the principle of equal protection of both parties in the land management rights provided by law, the husband and wife shall negotiate at the time of divorce or have the court decide to divide it.

Land Administration Act

Article 11. The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees;

If it is owned by a farmer collective that has belonged to two or more Shoumo rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villager groups in the village;

If it is already owned by the township (town) peasant collective, it shall be operated and managed by the township (town) peasant orange and Qinhu village collective economic organization.

There are two ways to get divorced, one is divorce by agreement and the other is divorce by litigation.

1.If the two parties can reach an agreement on divorce, child support, division of property, etc., both parties may personally bring their ID cards, household registration booklets, marriage certificates and divorce agreements to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

2.If the two parties cannot reach an agreement on the above issues, the party who wants to divorce can go to the court where the defendant is domiciled to file for divorce, and the court will decide to divorce if the relationship between the husband and wife is broken.

Legal basis] Article 1079 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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; Waiting.

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 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.

Article 1076 of the Civil Code provides that if 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.

Rural divorce can be divorced by agreement or litigation, and divorce by agreement is a voluntary divorce by both parties, and an application for divorce registration is made to the marriage registration authority after signing the divorce agreement; Litigation divorce is a situation where one party files a divorce lawsuit with the court, and after the court hears the case, it can determine that the relationship between the husband and wife has broken down and the mediation is ineffective, and the divorce shall be granted.

[Legal basis].

Paragraph 1 of Article 1076 of the Civil Code.

Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

Article 1079.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with 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.

For rural divorce, you can choose to divorce by agreement or litigation.

According to the law, there are only two types of divorce: divorce by agreement and divorce by litigation.

In the case of divorce by mutual agreement, both parties shall go to the civil affairs department of the place of household registration of either party to handle the divorce with the divorce agreement, marriage certificate, and ID card, and if they still want to divorce after the divorce cooling-off period, a divorce certificate shall be issued.

In the case of divorce by litigation, it is necessary to submit relevant documents to the court where the defendant has registered or where the defendant has lived for more than one year and request for divorce.

According to the first paragraph of Article 1076 of the Civil Code, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

Article 1078 stipulates that if the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposal, they shall register the marriage and issue a divorce certificate to the chatuantan.

Paragraph 1 of Article 1076 of the Civil Code.

If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

Article 1078.

If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.

In the case of divorce in rural areas, both parties can sign a divorce agreement first, and then go to the marriage registration authority where one party's household registration is located to apply for divorce registration.

Land Administration Act

Article 11. The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees;

Where the farmer's first mill collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villager groups in the village;

Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Regardless of the divorce in **, the divorce procedure is the same. In the case of divorce in rural areas, if the divorce is by agreement, both parties shall go to the marriage registration office of one party's domicile to register the divorce. In the case of divorce by litigation, one party shall file a divorce lawsuit with the court of the Know, and the court will grant a divorce if it finds that the relationship between the husband and wife has broken down.

1. Can a severely disabled person get a divorce?

Divorce is possible for people with severe disabilities. Freedom to marry includes the freedom to marry as well as the freedom to divorce. If you have a physical or mental disability but are still able to control and recognize your own behavior, you can choose to divorce by concord or negotiation or by litigation.

If you are mentally disabled and cannot control yourself and want to divorce, you can only divorce through litigation. And the guardian should be changed before the divorce.

1.Divorce by mutual agreement: If the two parties can reach an agreement on divorce, child support, division of property, etc., both parties can personally bring their ID cards, household registration booklets, marriage certificates and divorce agreements to the marriage registration authority at the place where one of the parties has permanent residence.

2.Divorce by litigation: If the parties cannot reach an agreement on the above issues, the party who wants to divorce can go to the court of the defendant's domicile to sue for divorce.

If the court finds that the relationship between the husband and wife has broken down, it will grant a divorce.

2. Whether one party cannot be divorced if he or she has a disability certificate.

One party can still get a divorce if he or she has a disability certificate. Freedom to marry includes the freedom to marry as well as the freedom to divorce.

If you have a physical or mental disability, but you are still able to control and recognize your own behavior, you can choose to call for a divorce by agreement or a lawsuit.

If you are mentally disabled and cannot control yourself and want to divorce, you can only divorce through litigation. And the guardian should be changed before the divorce.

1. Divorce by agreement: If the two parties can reach an agreement on divorce, child support, division of property and other issues, both parties can personally bring their ID cards, household registration booklets, marriage certificates and divorce agreements to the marriage registration authority where one of the parties has permanent residence to register the divorce.

2. Divorce by litigation: If the two parties cannot reach an agreement on the above issues, the party who wants to divorce can go to the court where the defendant is domiciled to sue for divorce. If the court finds that the relationship between the husband and wife has broken down, it will grant a divorce.

3. Is it legal for a woman to cheat on a man for divorce?

If a woman cheats a man to divorce, it will have legal effect as long as it complies with the statutory divorce procedures. The method of divorce by mutual agreement is that both parties reach an agreement through consultation, apply for divorce registration with the marriage registration authority after signing the divorce agreement, and then apply for divorce registration at the marriage registration authority in person after the 30-day divorce cooling-off period; Litigation divorce is a divorce lawsuit filed by one party to the court, and the court will first conduct mediation, and if the mediation fails, it will be heard.