If I am divorced and my household registration book has not been changed, what should I do if I sell

Hello, how is the real estate certificate registered? Is it a divorce by mutual agreement or litigation?

If you have divorced by mutual agreement and have signed a divorce agreement, but the property is immovable property and the name of both of you is registered in the house book. Therefore, according to the law, the property has not yet been fully owned by one person.

Generally, whether the parties divorce by agreement or litigation, it is recommended to go to the housing management department to change the registration in time. If one of the parties does not agree to change the registration after the divorce by mutual agreement. The other party can take the divorce agreement to the court to sue and ask the other party to cooperate with the transfer, and after obtaining the judgment in favor of the lawsuit and taking effect, it can apply to the court for enforcement.

If both parties have no objection and there is no loan, you can directly bring the information to the housing management department to change the registration; If the other party does not assist in the processing, you can apply to the court for enforcement, and if there is a loan, you need to contact the bank to change the loan procedures, and it is recommended to consult the lending bank and the local housing management department first.

Therefore, if one party wants to buy and sell the house separately, it is necessary to change the property to be owned by one party before proceeding with the sale.

[Relevant Laws].

Article 209 of the Civil Code: The creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 1087 of the Civil Code: In the event of 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.

Article 1092 of the Civil Code: Where one of the spouses conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the spouse may divide the joint property of the husband and wife in the divorce with less or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Hello, you mentioned in your question that your household register has not changed after the divorce, what kind of channels should you take to sell your house? In response to your question, first of all, you should make it clear that selling a house is a foreign transaction, and it should look at the owner of the property on the nominal real estate certificate, so the owner of the house on the real estate certificate has the right to dispose of it. At the same time, it needs to be made clear that the information you gave is not comprehensive, you did not mention the ownership of this house, I take the vast majority of the scenarios here, that is, the default that this house was originally the joint property of your husband and wife, and now you have dissolved the marriage, how to solve the ownership of this property.

If this is the case, if the house has not been divided, it should still belong to your husband and wife; If you have divided the property, the property has been discounted, divided, then the house can only belong to one of them, here according to your question, guess that the house ultimately belongs to you, then if you want to sell the property smoothly, you need to change the property registration first, so as to facilitate you to sell the house, to avoid disputes in the future difficult to explain. That's all I have for your analysis, I hope it can help you, and I wish you a happy life. [Legal basis] 1

Article 76 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that if the parties are unable to 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 according to the following circumstances: (1) Where both parties claim 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 house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided.

If I am divorced and my household registration book has not been changed, what should I do if I sell my house? "What should I do if I filled in the wrong address of the property on the divorce agreement 3 years ago, so that I can't transfer the house now, and my ex-wife is unwilling to come forward to sign? Recently, Mr. Luo, a netizen, consulted on the Wuhan city message board of the Yangtze River Network, hoping to have a solution.

On the afternoon of the 5th, Mr. Luo told the Yangtze River ** reporter that the address of the house was indicated on the old household registration book, and later after the real estate certificate was processed, the property address shown on it changed. "Because the address is different, there is a problem when selling the house. Mr. Luo said that after leaving a message, he received the Wuchang District Real Estate Registration Center**, and at that time, he was preparing relevant materials according to the requirements of the Real Estate Registration Center.

According to the relevant person in charge of the real estate registration center of Wuchang District, Mr. Luo's property was originally in the name of his mother, and later sold to Mr. Luo and his wife, and transferred to the name of his son and daughter-in-law.

The divorce agreement is written with an old house number, which does not match the house number on the property deed. According to the staff, in this case, Mr. Luo's ex-wife needs to cooperate with the presence to sign and confirm, and sign a supplementary agreement to the divorce agreement to agree on the distribution of the property before proceeding with the next step of the process.

The staff member said that after receiving Mr. Luo's message, he learned that Mr. Luo only had this property in his name according to the house inspection. Since there is little difference between the property addresses, Mr. Luo has been asked to write a letter of commitment and provide relevant supporting information as required, and try to handle it for him within the scope permitted by the policy.

If you are divorced and the household registration book has not been changed, then you can sell the house. Who owns the house? In principle, it has nothing to do with the household register, but with the owner of the house.

You mean that you are divorced, and the household registration book is still together. Didn't move out of the hukou alone, right? In this case, it should not affect you to sell the house. But to sell a house, you need a household register, and you need to bring your household register. Then go through the transfer procedures.

The household registration book has not been changed, and it doesn't matter, the household registration book does not affect you to sell the house, but says that there is his name on the house certificate for selling the house? If you don't have his name, you can decide the property right of the house by yourself, and it has nothing to do with the household register, so you can rest assured about this.

If the real estate certificate is your name and the house is the same person at the time of divorce, you can handle it with the real estate certificate and the divorce agreement, and if the real estate certificate is the name of the two people, you can change the name of the owner before you can transfer the house.

Yi is divorced, but the household registration book is still there. If you don't move out alone, it won't affect you to get out of the house. But the house household register, and with the household registration book. Then the transfer of ownership.

If after the divorce, the household registration book has not been changed, and it can be changed before the sale of the house.

If I am divorced and my household registration has not been changed, what should I do if I sell my house? You can sell the house directly, and you don't need your account to sell the house.

If I am divorced and my household registration book has not been changed, what should I do if I sell my house?

Hello, I'm honored for your question, this situation needs to be corrected, go to the police station to go through the divorce division, relocation procedures, you can bring the divorce certificate, my ID card and household registration book, to the local household registration authority to declare moving out. If you have a legal permanent residence or immediate family members in the local area, you should move your household registration to your permanent residence or immediate family members. If not, you can apply to the police station where the household registration is located, and after investigation and verification by the police in the responsible area, the household registration will be attached to the street collective household.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority. The divorce agreement shall clearly state the parties' voluntary expression of intent to divorce and the consensus on matters such as child support, property registration, and debt disposal.

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. I hope mine can help you, dear

Legal analysis: You can first go to the police station where your household registration is located to change your marriage information with the divorce certificate, and then register your marriage with the changed household registration booklet. Where a citizen's marriage, occupation, address, place of service, education level, and other registration matters need to be changed due to changes in actual conditions, they shall promptly report to the public security police substation and submit supporting materials related to the reason for the change, and after review and verification, the change shall be given.

Legal basis: Regulations of the People's Republic of China on Household Registration Article 17 When the content of household registration needs to be changed or corrected, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. When the household registration authority deems it necessary, it may request proof of change or correction from the applicant.

Summary. Yes, it is not necessary to change the household registration book of buying a house after divorce. Because whether to buy a house after divorce is not part of the household registration, there is generally no need to change it.

However, if the permanent residence of the parties concerned is changed due to the purchase of a house, the head of the household or the person himself shall report the change to the household registration authority. Legal basis: Regulations of the People's Republic of China on Household Registration Article 17 When the content of household registration needs to be changed or corrected, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. <>

If the household registration book has not been changed after the divorce, can I buy a house?

Yes, it is not necessary to change the household registration book of the Ming Hall after the divorce. Because whether or not to buy a house after divorce does not belong to the internal smile of household registration, and there is generally no need to change it. However, if the permanent residence of the parties concerned is changed due to the purchase of a house, the head of the household or the person himself shall report the change to the household registration authority.

Legal basis] Article 17 of the Regulations of the People's Republic of China on Household Registration When the content of household registration needs to be changed or corrected, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. <>

Okay thank you. At present, my hukou is still on my ex-husband's side, and I didn't split my hukou at that time, and now I want to buy a house, so I ask, I can buy a house with this.

It doesn't matter.