How to separate two brothers in one household and one house? When men grow up, they need to get married and set up their own small families, which is a contradiction to the increase of population. So separation is normal. Next, I will share an article about how two brothers in one household and one house divide their households.
Legal analysis of how two brothers live in one house 1: If both brothers want to have their own houses in the countryside, but they can live separately, then one will live with their parents, so that those who live with their parents can get their parents' homestead and house, and those who live separately can apply for another homestead. According to the principle of one household and one house, everyone can get a homestead to build a house, which can be solved well.
Legal basis: Article 5 of the Regulations on Household Registration in People's Republic of China (PRC) takes households as the unit. The person who lives with the supervisor is a household and the supervisor is the head of the household. An independent family, with me in charge. Households living in institutions, organizations, schools, enterprises, institutions and public dormitories * * * set up separate households or separate accounts. The head of household is responsible for reporting household registration in accordance with the provisions of these regulations.
How to divide two brothers in one family? A rural family has two brothers and only one homestead. How to divide the property?
This kind of situation often happens in rural areas. After all, parents may struggle for a lifetime to build a house, so how can the two brothers divide the house above a homestead? In fact, there are three ways to solve it.
1. The homestead is in the name of parents, and the house is occupied by one person.
Nowadays, houses in rural areas are built on at least two floors, so if you have two brothers, you can actually have one floor for each, which will be easy to solve. At present, there are many cases of property division, which is also more applicable.
2. One brother inherited the house and homestead, and the other went to the city to buy a house.
Nowadays, many people are smart enough to know that their fraternity accounts are clear. If they live in the same house for a long time, there will still be contradictions. Therefore, if a person inherits his parents' house, he will also pass the homestead to his own name. The other brother bought a house in the city with his parents' money, so the two brothers are various and will not quarrel again.
3. The two brothers live separately, and then apply for a homestead.
Of course, if both brothers want to own their own houses in the countryside, but the two brothers can live separately, and one can live with their parents, so that those who live with their parents can get their parents' homestead and house, and those who live separately can apply for another homestead. According to the principle of one household and one house, they can get a homestead to build a house, which can solve the problem of homestead ownership well.
In short, the two brothers can actually live in separate households, and there is no need to divide another homestead between them. Residents can apply for their parents' land as their homestead, and can also solve the problem of family property division satisfactorily.
How can two brothers and one family live? 3 What is a household?
According to the land management law, a family can only apply for one homestead and then build a house here, which means that a family can only have one homestead. This is the so-called one house for one family. And its homestead area shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. Moreover, if rural villagers sell houses or rent houses, they may not apply for homestead again. This is also to avoid a large number of applications for homesteads. And their children want to build a house in the countryside, they must have their own homestead. According to the policy of one household and one house, if you want to apply for a homestead, you must first apply for a home.
What conditions do rural children need to apply for an account?
1, not an only child
The only child can't apply for separation because he needs to inherit his parents' homestead. If they can be separated, won't the only child have two homesteads after his parents die? And who will take care of my parents when they are old? Therefore, it is impossible for an only child to apply for household registration, and it is not allowed in principle.
2. Children are financially independent.
Non-only children who want to enter the household must first meet their age 18 and be financially independent. I have been divorced from my parents' life assistance, and I can prove that I can live independently, so that I can live independently in registered permanent residence.
3. Demolition area
In recent years, with the continuous advancement of urbanization, rural demolition has become more and more common. As we all know, compensation for demolition is available. So some people want to separate their children's household registration when they are demolished, so they can get double compensation. This situation is not allowed, so it is impossible to separate households in the demolition area.
How many families can two sons be divided into?
In the past, due to the unreasonable division of rural families, two sons were able to go out independently, and together with their parents, they became three. But now, in order to better implement the rural "one household, one house" policy and put an end to the act of defrauding the homestead through separate accounts, the two sons can only be divided into one household, and the other must have an account with their parents.
That is to say, in the case of two sons, if the eldest son gets married and wants to separate his hukou and form a family by himself, the younger son's hukou will always follow his parents' hukou. The eldest son can apply for a homestead to build a house, and the younger son should inherit his parents' homestead.
The two brothers can't be divided into three households, not only because the gold content of rural homestead and hukou is getting higher and higher, but also because of their children's obligation to support their parents, so as to avoid the situation that their parents are left unattended when they are old.
The area of the homestead is also limited, so it is impossible to say that it can be built casually. It's easier said than done. The homestead applied for now is clearly defined, but the previous homestead area is not good. Recently, Shipo Ancient Town, Xinxiang, Henan Province began to charge the rural homestead, and the charging standard is the excess of the homestead beyond the threshold area. The purpose of this policy is to ensure the rational utilization of homestead resources. Therefore, when building a house in rural areas, we must pay attention to it and try not to exceed the threshold area.
It can be said that rural hukou and homestead are becoming more and more precious, with high gold content, and the state's support for rural areas is still very strong, which leads to stricter regulations on household division, just to prevent some of them from taking the opportunity to make profits. It is very difficult for children who have moved their hukou to cities to move their hukou back to the countryside. It can be said that it is forbidden to enter the current rural hukou.