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After the divorce, the new rules of the woman's hukou are that the hukou can continue to be retained in the original hukou.
Because when going through the divorce procedures, the household registration management department will stamp a "divorce" seal on the original household registration book. The woman herself can go to the police station where her current household registration is located to explain the situation with her ID card, household registration book, divorce certificate, and divorce agreement, apply for household separation procedures, and re-apply for a household registration book with only the woman's name.
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Legal basis: Article 10 of the Regulations of the People's Republic of China on Household Registration.
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. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a 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 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.
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After the divorce of the husband and wife, the woman can move out of the man's household registration, but the relocation policy is different in different regions. In Beijing, for example, if you have to move out of your household registration after divorce, but you, your spouse or other immediate family members do not have a legal property right in Beijing, you can apply for a "public household" at the police station where your household registration is located.
The documents that need to be provided are as follows: first, the application for household entry; The second is the applicant's "Resident Book" or "Permanent Resident Registration Card"; Third, in the case of divorce, the divorce certificate, the divorce agreement or court judgment filed by the Civil Affairs Bureau, and the court mediation document must be provided; Fourth, the "Notice" and the receipt of the notice", "Letter of Commitment to Move into a "Public Household" or "Letter of Commitment of the Housing Owner or Public Housing Tenant to Apply for Relocation of Persons Staying in the Hukou"; Fifth, other necessary materials, etc.
It should be noted that before going through the procedures for moving your hukou, it is recommended to go to the public security hukou registration authorities in the place where your original hukou is located and where you have moved into your hukou to consult the specific procedures and materials that need to be prepared.
[Legal basis].
Notice of the Beijing Municipal Public Security Bureau on Printing and Distributing the Provisions on the Establishment of Public Households in Household Registration Police Stations (for Trial Implementation).
2. Conditions for the settlement of "public households".
Persons with household registration in our city who meet one of the following circumstances (excluding student household registration, Beijing office household registration, postdoctoral household registration and other restricted household registration personnel in the city) can apply for "public household" settlement at the police station where their household registration is located:
1) The applicant must move out of the household registration due to the transaction of housing property rights, but he/she or his/her spouse or other immediate family members (other immediate family members include parents, children, grandparents, and grandchildren. The same below) has no legal property rights in the city, and the household registration cannot be moved out;
2) The hukou must be moved out after the divorce, but the person, spouse or other immediate family members do not have legal property rights in the city, and the hukou cannot be moved out;
3) The current unit has no collective household, and the person, spouse or other immediate family members do not have legal property rights housing in the city, and the household registration cannot be moved out;
4) Where the current housing rights holder applies to move out of the original household due to a change in the ownership of a housing transaction or a change in the right to lease public housing, and the original household refuses to move out without a legitimate reason;
5) Where one of the biological parents of a newborn is registered in a "public household" in this city, and the newborn is unable to declare birth registration at another address in this city, the birth registration may be declared in the "public household" where the biological parents' household registration is located;
6) For other special reasons, it is not possible to handle the relocation of household registration within the city.
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Legal analysis: After the divorce of the husband and wife, if the woman wants to move out of the household registration, the woman can go through the household separation procedures with the local public security police station with the divorce certificate, court judgment or mediation letter issued by the court. If the parties are divorced by litigation, the woman can go through the household separation formalities with the public security police station with the judgment or the mediation letter issued by the court.
Legal basis: Regulations of the People's Republic of China on Household Registration
Article 3: Public security organs at all levels are in charge of household registration work. Cities and towns with public security police stations shall have the jurisdiction of the public security police station as the jurisdiction of the household registration; Townships and towns without public security police stations shall have the jurisdiction of the township or town as the household registration jurisdiction. Township and town people's committees and public security police stations are the registration organs for the socks of Huming.
For those who reside in the internal and public dormitories of government agencies, organizations, schools, enterprises, institutions, and other units, each unit shall designate a special person to assist the household registration authorities in handling the household registration; For scattered household registration, the household registration authority shall directly handle the household registration. For non-active military personnel residing in military organs and military dormitories, each unit shall designate a special person to assist the household registration and accounting organs in handling the household registration. For the household registration of production cooperatives such as agriculture, fishery, salt, forestry, animal husbandry and handicrafts, the cooperatives shall designate a special person to assist the household registration authorities in handling the household registration.
Accounts other than cooperatives shall be directly registered by the household registration authorities.
Article 4 The household registration authority shall establish a household registration book. In cities, on water, and in towns with public security police stations, each household shall be issued a household registration booklet. In rural areas, cooperatives are issued household registration books; Accounts other than cooperatives are not issued with a household register.
The household register and the matters registered in the household register have the effect of proving citizenship.
Article 5 Household registration is based on households. If the person who lives together with the main person in charge of the expulsion is to be established as a household, the person in charge shall be the head of the household. If you live alone, you will be the head of your own household.
Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories are established together or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.
Children can return to their place of origin, and their children's household registration can rely on their parents.
Hello, the law does not have a clear requirement for one party's hukou after divorce, it depends on your own wishes, such as moving to your parents' hukou or the place where you bought a new house.
It's very simple, if you are the head of the household, take the divorce certificate to the police station to open a single certificate, you can cancel her household registration, and you don't have to worry about her household registration for the rest.
In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts (hereinafter referred to as the "Property Division Opinions"), combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife: >>>More
If there is no power to manage it, the court will not accept the hukou dispute, and it is recommended to negotiate with it. >>>More