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Can the house on the homestead confirm the right to move out?
Legal analysis: First of all, the account of the head of household is in the countryside or the account of the head of household has moved out, but other family members' accounts are still in the local area. In both cases, the right can be confirmed, because the rural homestead is distributed by households, and as long as the head of household is still a local rural hukou, the right can naturally be confirmed smoothly. If the account of the head of household has moved out, the accounts of other family members can continue to confirm their rights only by going through the transfer procedures of the homestead. However, all family members' accounts have moved out. In this case, family members are not qualified as village collectives, so they are not confirmed for the time being.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 362 The owner of the right to use the homestead enjoys the right to occupy and use the collectively owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law.
Article 363 The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the Land Administration Law and relevant state regulations.
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