Is it difficult for one party to have no place to live after divorce?

Updated on society 2024-08-06
6 answers
  1. Anonymous users2024-02-15

    Is it difficult for one party to live without a place to live after the divorce? You really have to see if you have any savings or other material things. If you just don't have a house, have a lot of savings or other things, you can't be considered a difficult household.

    There are standards for difficult households, and they need to drink tea when applying.

    You should think about it yourself, you know best, and you will know the situation by asking the Civil Affairs Bureau.

  2. Anonymous users2024-02-14

    If one party has no place to live after the divorce, it is a hardship in life. According to the law, in the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The so-called "living difficulties of one party" refers to the inability to maintain the basic standard of living in the local area by relying on personal property and property distributed at the time of divorce.

    And not having a place to live is, of course, a hardship in life.

    Marriage. Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    Article 27 of the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 42 of the Marriage Law The term "one party living in difficulty" as used in Article 42 of the Marriage Law refers to the inability to maintain the basic standard of living in the local area by relying on personal property and property obtained at the time of divorce.

    If one party has no place to live after the divorce, it is a hardship in life.

  3. Anonymous users2024-02-13

    1. If one party does not have its own housing source after divorce, the other party shall give appropriate assistance. 2. The law stipulates that if one party has difficulties in living after divorce, the other party shall give 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.

    According to Article 1090 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, 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 the other party. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

  4. Anonymous users2024-02-12

    Where the house in which the husband and wife live 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 if it is found to be true, but the period of residence is generally not more than 2 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. If the public housing where the husband and wife live together is a public housing under the management of the unit, and one of the parties applies to the unit to obtain the right to lease the public housing they live in before or after marriage, and at the time of divorce, both parties can rent the public housing in accordance with the regulations, which requires adjusting and changing the tenant relationship of the self-managed public housing.

    In this case, the people's court shall solicit the opinions of the self-managed public housing unit, and with the consent of the self-managed housing unit, it may adjust or make a judgment to change the housing lease relationship, and then the lessee shall go through the registration formalities for changing the housing lease relationship in accordance with the relevant regulations. At the time of divorce, if one party has no right to rent the public housing rented by the other party before marriage and has real difficulties in solving the housing problem, if the public housing where the original husband and wife live is large and can be divided into rooms, they may adjust or make a judgment for temporary residence, but the temporary residence period shall generally not exceed 2 years, and the temporary resident shall pay the user fee equal to the rent of the house and other necessary expenses. If the original rented public housing is not large and cannot be divided into rooms, and the tenant of the public housing can afford it, the tenant shall give one-time financial assistance so that the tenant who does not have the right to rent another house to live in.

    According to Article 1090 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, in the event of a divorced marriage, 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.

  5. Anonymous users2024-02-11

    Legal analysis: If one of the spouses has difficulties in life after the divorce, then the other party should give appropriate help, such as helping people in distress 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.

    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.

  6. Anonymous users2024-02-10

    If one party has difficulties in living at the time of divorce, the other party who can afford it shall give appropriate assistance. According to the "Civil Detention Code", husband and wife have the obligation to support each other, and one of the husband and wife has no ability to live independently due to difficulties in life, loss of ability to work, lack of livelihood, old age, illness and other reasons, and really needs to be supported; Where the other party has the ability to support them, they may be asked to give 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.

    [Legal basis].Article 1050 of the Civil Code of the People's Republic of China.

    After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family according to the agreement between the man and the woman.

    Article 1,090.

    In the event of a divorce, if one party is in financial difficulty, the other party who can afford it should provide 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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