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If the divorce is not completed, of course, the woman can still live in the original home, but the two of them have reached the point of divorce, and I think even if they can live, they may not be happy.
The divorce procedures have not been completed, but is there any division of property? If the discussion is good, then I think that even if the divorce procedures are not completed, I can move out, and whoever the house is given will continue to live.
If the original house was half a husband and wife, then I think both of them could live in it, or two people could negotiate to move out.
If the girl's mother's home is still there, I think it's good to go back to her parents' house, at least it's quite happy to live with her parents, and it's better to have the care and enlightenment of her parents than to look up and see you with someone you don't love.
On the other hand, if the two people do not do a good job in dividing the property, then I think there is no problem with living in the original home, but to control their emotions, since they are already going through the divorce procedures, there is really no need to quarrel anymore, and it is better to break up peacefully.
In fact, living ** is really not the key? Wake up after the two of you have discussed, this is your own private matter, there are no rules to talk about, the main thing is your own convenience.
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You can stay in the wedding house for the time being, and then choose another place after completing the formalities.
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If your mother's family is strong, you can live in your mother's house.
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Legal Analysis: If the woman does not have a house to live in after the divorce, and the man can afford it, he should give the woman appropriate assistance. The woman may negotiate with the man, and if she is unable to negotiate, she may file a lawsuit with the court.
After the divorce, the hukou of both parties needs to be separated, and the party who moves out needs to go to the hukou office of the local police station, fill in the hukou migration certificate, and then cancel the hukou from the original hukou file. Take the household registration migration certificate to the household registration office of the police station where you settle down.
The situation may vary from region to region, and 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 before moving out, obtain a migration certificate, and cancel the household registration. If it is a divorced household, with the divorce certificate, go to the household registration office of the police station to go through the household separation formalities after being reviewed and approved by the police station on field duty. In some areas, it is possible to move the hukou back to the place of work by providing proof of the employer.
If you do not have a house after the divorce, you can also use the migration certificate to settle your household registration in the community collective household registration or the local talent market. At the same time, the child's hukou, under normal circumstances, the child's hukou will go with whichever party the custody of the child belongs to after the divorce. If the child is under the age of 18, the parents need to handle the transfer of the household registration on their behalf.
After the divorce, the party who is not the head of the household does not have a house and can live alone. The divorced parties can go to the local public security police station to go through the procedures for household division or transfer with the original household registration booklet and the court's judgment or mediation document. The local public security police substation shall, on the basis of the court's judgment or mediation document, handle it in accordance with the provisions on household division and household establishment.
Legal basis: Article 1090 of the Civil Code of the People's Republic of China In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Where a woman does not have her own house after divorce, the man shall give appropriate assistance. The law stipulates that if one party has difficulties in living after divorce, the other party shall provide appropriate assistance from his or her personal property such as housing.
Legal analysisThe law stipulates that if one party has difficulties in living after divorce, the other party shall provide appropriate assistance from his or her personal property such as housing. A party's hardship means that it is unable to maintain a basic standard of living in the local area by relying on personal property and the property obtained at the time of divorce. If one party has no place to live after the divorce, it is a hardship in life.
After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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. An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make an original judgment to take care of the rights and interests of the children and the woman according to the specific circumstances of the property.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. Divorce Child Support Sharing Divorce generally results in the loss of custody of one of the spouses. The parent who loses custody will lose the right to live with the child.
However, the parent who loses custody will still have visitation rights and can visit the child regularly during the agreed or adjudicated time and spend relatively briefly with the child. To sum up, after the divorce, the woman can agree with the man to raise the child without a house to live in, and the custody of the child after the divorce can be negotiated by both parties or through legal channels, and the alimony after the divorce is not only borne by one party, but also by the other party.
Legal basisArticle 1090 of the Civil Code of the People's Republic of China In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Where the house lived in during the marriage is owned by the man, and the woman requests temporary residence on the grounds that there is no house to live in after the divorce, the draft may be supported and verified on the basis of the circumstances, but generally not more than two years. In accordance with the relevant laws and regulations: distinguish between personal property, joint property of husband and wife, and joint property of the family, adhere to the principle of equality between men and women, protect the legitimate rights and interests of women and children, take care of the innocent party, respect the wishes of the parties, and facilitate production and life, and resolve them in a reasonable and reasonable manner.
Where the house lived in during the marriage is owned by one party, and the other party requests temporary residence on the grounds that there is no house to live in after the divorce, it may be supported on the basis of the circumstances upon investigation, but generally not more than two years. If the party without a house has real financial difficulties in renting a house, the party who enjoys the property rights of the house can give one-time financial assistance.
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If one of the spouses has difficulties after the divorce, then the other spouse should give appropriate help, such as from personal property such as housing. The so-called appropriate help is provided that it does not affect the life of the person providing the help, and it is a one-time help.
1. Whether alimony should be given to the woman at the time of divorce.
There is no need to pay alimony to the woman after the divorce, but if one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall compensate him. If one party is living in difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation.
2. How to help the party who is in difficulty in life during the divorce.
The Civil Code stipulates that when a husband and wife divorce, if one party has difficulties in life, the other party who can afford it shall give appropriate assistance.
1. "One party's living difficulties" refers to the fact that one party is unable to maintain the basic living standard of the local area by relying on personal property and the property obtained at the time of divorce, and lists the fact that one party has no place to live after the divorce, which is a living difficulty.
2. When a husband and wife divorce, in addition to determining whether one party is really in difficulty, the key to determining whether one party is really in difficulty is to see whether the other party has the ability to help.
3. The other party should be helped with his personal property, either in the form of money, or by giving the other party the right of residence or the ownership of the house.
4. Unless the parties voluntarily do so, the number of times of assistance is limited to one time.
3. How to divide the property of the divorce if the husband and wife do not do their job properly.
If the other party does not do business, it generally does not affect the division of property. The husband and wife may negotiate the division of property, and if the negotiation fails, the court may make a judgment.
In principle, the court makes judgments in accordance with the principle of taking care of the rights and interests of the woman and the children in the joint property, but in judicial practice, there is rarely a lack of care, usually one and a half, and if one party is in difficulty, the other party can be asked to give appropriate assistance.
Article 1090 of the Civil Code of the People's Republic of China provides that in the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance to Fu Pai. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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