If the rural homestead certificate has not come down, I need to go to the Land Bureau to issue a cer

This must be approved by the village committee first, and then the application must be approved by the Land Bureau, otherwise it will be in vain.

In recent years, the state has made many adjustments and improvements to the homestead system, making the homestead more and more valuable.

However, the review of homesteads has become more and more stringent, so many people want to apply for new homesteads through subdivision. Some people need to divide their households for the convenience of future retirement, and some need to divide their households for various needs such as house purchase, childbirth, and children's education, but many people can't handle it after going to separate their households, why is this?

The reason is that many farmer friends encounter a problem when they want to divide their households - please prove that there is a chicken or an egg first!

In the past, farmers only needed to provide ID cards and household registration books if they wanted to divide their households.

Now it is not difficult to provide real estate certificates, land certificates, rural housing property rights confirmation registration certificates, etc., as well as important property certificates. The most important thing is that the public security department stipulates that you must have an independent residential address (homestead) before you can divide the household, while the grassroots land and resources department only approves the use of the homestead after the household registration is separated.

What do you let the peasants do?

In fact, the state has already given a solution, but because many farmers do not know about it, they have repeatedly hit a wall on the road to household separation.

According to the latest circular issued by the Ministry of Land and Resources, in addition to complying with Article 62 of the Land Management Law, which stipulates that "a rural villager can only own one homestead per household", farmers who meet these three conditions can also apply for homesteads, provided that the village committee also has homestead indicators.

1. It is really necessary to divide the household due to the marriage of children and other reasons, and there is a lack of homestead;

2. The migrant population settles down and becomes a member of the collective economic organization and does not have a homestead;

3. It is necessary to relocate due to the occurrence or prevention of natural disasters, the implementation of village and market town planning, and the construction of township (town) village public facilities and public welfare undertakings.

Of course, according to the provisions of China's "Land Management Law", these kinds of people will not be approved to apply for homesteads

1. Selling or renting out housing in the village;

2. The original homestead meets the standard of "one house per household";

3. Under the age of 18.

4. Buying a house in an urban area and settling in an urban household registration;

5. Only child.

Therefore, you only need to apply for a homestead first, and after the homestead is allocated to the village, you can go to the public security bureau to apply for household division.

According to China's rural real estate management measures, the land use of rural houses, that is, the homestead use certificate, does not exist to prove the benefits of real estate. The original method of subdivision is to go to the collective unit (i.e. your village or township committee) to issue a certificate, or write a deed to prove how much you own the buildings on the homestead. This method is a division of property rights.

Second, to the unit above the town level, apply for a real estate certificate, generally one house and one certificate. However, it is possible to request the famous special circumstances on the title deed. Therefore, it is more reasonable to choose the first way.

The certificate issued is also legally binding.

The village committee shall concentrate the application materials in each quarter, convene the village committee or the villagers' congress in accordance with the law to deliberate and publish the list, and within 15 working days from the date of publication of the list, the villagers have not raised objections or the objections are not established, and shall be reported to the township land and resources institute for examination and approval.

[Legal basis].Article 17 of the Measures for the Administration of Rural Homesteads.

Rural villagers apply for homesteads, should be to the permanent residence of the villagers' committee or village collective economic organization to submit a written application for filial piety, by the villagers' committee or the village collective economic organization to discuss and agree, and will apply for the homestead list of the head of the household, family population, the original number of houses area, the application for building area, location and other post-publication of no objection, after obtaining the rural construction planning permit or construction land planning permit, submitted to the township people's ** review, county land administrative departments for review, It shall be approved by the county people, and the results of its approval shall be announced by the villagers' committee.

Legal analysis: apply for homestead to build a house, and apply for confirmation of rights to the county. Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

Legal basis: Land Management Law of the People's Republic of China Article 62 A rural villager household may only own one homestead land, and the area of the homestead may exceed the standards set by the provinces, autonomous regions and municipalities directly under the Central Government.

In areas where per capita land is small and it is not possible to guarantee that a household has a homestead with a respectful group, the people at the county level may, on the basis of fully respecting the wishes of the rural villagers, take measures to ensure that the rural villagers have a place to live in accordance with the standards set by the provinces, autonomous regions, and municipalities directly under the Central Government.

Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall try to use the original homestead land and vacant land in the village. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers.

The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.

The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.

The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.

1. Can a subdivided household in a rural area apply if there is no homestead?

With regard to the question of whether a rural household registration can apply for a homestead if it does not have a homestead, rural villagers who meet one of the following conditions may apply for a homestead land:

1) Where it is truly necessary to divide the household due to the marriage of children or other reasons, and there is a lack of homestead land;

2) Immigrants who settle down and become members of the collective economic organization and do not have homestead land;

3) It is necessary to relocate due to the occurrence or prevention of natural disasters, the implementation of village and market town planning, and the construction of township (town) village public facilities and public welfare undertakings.

Article 8 Where rural villagers need to use homestead land, they shall submit an application to the villagers' committee, which shall make it public and submit it to the villagers' meeting or the villagers' representative meeting for discussion. After discussion and approval, and announced, report to the township (town) land management agency, county (city) land administrative departments for review and approval of the county (city) people. After the approval of the county (city) people, the villagers' committee shall announce the approved use of the homestead.

Article 14 of the Measures for the Administration of Rural Homesteads, in any of the following circumstances, the homestead application shall not be approved:

A) the area of the homestead has reached the standards of these provisions and then apply for a new homestead, except for the implementation of village and town planning for the transformation of old villages;

2) Leasing, selling or otherwise transferring the homestead and its above-ground buildings (except for the reasonable adjustment of households lacking housing), or changing the residence for other purposes, and then applying for the homestead.

2. Can the rural hukou be transferred to the city to inherit the homestead?

China's "Land Management Law" clearly stipulates that the ownership of rural homesteads belongs to the village Xiaotong collective, and farmers enjoy the right to use the homesteads. Non-rural collective members cannot inherit the right to use the homestead land. However, the houses built on the homestead can be inherited, but they cannot be rebuilt, and when the house dies naturally, the village collective will take back the homestead.

In other words, children who are already urban residents cannot inherit their parents' homesteads, but they can inherit the houses on the homesteads until the house dies out naturally.

3. Can a non-rural hukou inherit his parents' homestead?

If one of the following conditions is met, you can apply for homestead 1, and rural villagers do not have homesteads. 2. In rural households, except for one child left by the parents, other adult children really need to set up a separate homestead, and the homestead is lower than the standard for household division. 3. Cadres and workers who have returned to their hometowns to settle down, retired cadres, retired soldiers, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan who have returned to their hometowns to settle down need to build houses but do not have homesteads.

4. The original homestead affects the construction planning of villages and towns, and it is necessary to recover the homestead but there is no homestead. Does a non-rural hukou inherit a homestead? This is not possible.

Article 14 of the Measures for the Administration of Rural Homesteads, in any of the following circumstances, the homestead application shall not be approved:

A) the area of the homestead has reached the standards of these provisions and then apply for a new homestead, except for the implementation of village and town planning for the transformation of old villages;

2) Leasing, selling or otherwise transferring the homestead and its above-ground buildings (except for the reasonable adjustment of households lacking housing), or changing the residence for other purposes, and then applying for the homestead.

Summary. The applicant's household registration book and original ID card, with an independent land certificate or real estate certificate (can be a spouse), if not applied by himself/herself, the applicant and the immigrant's relationship certificate (generally issued by the village committee), if it involves demolition and construction, it needs to be demolished and resettled, if it applies for division of property, it is necessary to provide an independent real estate ownership certificate after the division of property, and if it applies for division of household due to divorce, provide proof of legal and stable residence, divorce certificate and divorce agreement, court divorce judgment or court divorce mediation document, Investigation opinions of the film police, etc.

There is only one homestead certificate for the two families in rural areas, and they need to apply for a new homestead certificate at the Land Bureau before they can handle the subdivision. What documents and documents are required? In addition, the name on the new house foundation certificate should be filled in the name of the second daughter-in-law, can it be done before Hu?

Thank you! The applicant's household registration book and original ID card, with an independent land certificate or real estate certificate (can be a spouse), if not applied by himself/herself, the applicant and the immigrant's relationship certificate (generally issued by the village committee), if it involves demolition and construction, it is necessary to have a demolition and resettlement certificate, if the application for division of property is carried out, provide the real estate ownership certificate that has been established after the division of property, and if the applicant applies for separation due to divorce, provide a certificate of stable residence under the Royal Forest Law, a divorce certificate and a divorce agreement, The court's divorce judgment or court divorce mediation letter, the police investigation opinion, etc.

First of all, farmers who need to divide their households should prepare relevant documents, such as household registration book, key real estate certificate, ID card, etc., submit a written application to the relevant local departments, fill it out, and submit it to the village committee. After the village committee has passed the examination, it must be reviewed and stamped by the local police station. Next, after the police station review is passed, it will be stamped and confirmed, and then the preliminary examination certificate given by the village committee and the police station review certificate Hu Liang will be submitted to the relevant household affairs department for review.

Okay, I'm asking, if the name of the second daughter-in-law (land user) is required on the newly applied homestead certificate, do you need a marriage certificate?

Whoever uses the name of the land must be written.

Summary. A homestead cannot be divided into 2 households. Article 8 of the Land Management Law provides that land in rural areas and suburban areas shall be owned by peasant collectives, unless it is owned by the State as prescribed by law; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.

Farmers who do not have a homestead can apply for a homestead servant. Application condition 1: It is really necessary to divide the household due to the marriage of children and other reasons, and there is a lack of homestead. 2. The migrant population settles down and becomes a member of the collective economic organization and does not have a homestead;

3. It is necessary to relocate due to the occurrence or prevention of noisy disasters in natural zones, the implementation of village and market town planning to mu pure, and the construction of public facilities and public welfare undertakings in townships (towns) and villages.

Can a homestead be divided into two households.

There is no shortage of bushes in a homestead, and it can be divided into 2 households. Article 8 of the Law on the Administration of Land Reform stipulates that land in rural areas and suburbs of cities shall be owned by peasant collectives, except for those that are owned by the state as prescribed by law; Homesteads, self-reserved land, and self-cultivated mountains belong to the peasant collectives.

How to divide a homestead into two households in a rural household, and what is the solution?

This is not possible, if you need a point, you can consult your local land administration below.