Legal analysis
After divorce, you need to bring proof of payment of provident fund and make a request for withdrawal of provident fund. The depositor shall, in accordance with the requirements for withdrawing the provident fund, go through the procedures for withdrawing the provident fund at the relevant departments for withdrawing the provident fund, and withdraw part or all of the amount in the provident fund account to the personal bank account. Provident fund withdrawal is divided into three types: agreed withdrawal, partial withdrawal and cancellation withdrawal. To withdraw the provident fund, you need to apply for a joint provident fund card at the designated bank in advance, and the withdrawn provident fund will be directly transferred to the joint savings account. In any of the following circumstances, you can apply for the withdrawal of housing provident fund:
(a) the purchase of owner-occupied housing, provide the purchase contract, agreement or other proof;
(two) the purchase of owner-occupied housing, provide the approval documents or other documents of the competent department of construction and land administration;
(three) renovation, overhaul occupied housing, provide the approval documents or other documents of the planning administrative department;
(4) certificates of retirement and resignation;
(five) completely lose the ability to work and terminate the labor relationship with the unit, provide proof of complete loss of labor ability and proof of termination of labor relations;
(six) after the termination of the labor relationship with the unit, if it has not been re-employed for five years, it shall provide proof of unemployment;
(seven) to settle abroad, provide exit certificates;
(eight) accounts to move out of the administrative region of this province, to provide proof of migration;
(nine) to repay the principal and interest of the house purchase loan and provide the house purchase loan contract;
(ten) to pay the rent, provide proof of wage income and housing lease contract;
(eleven) migrant workers and units to terminate the labor relationship, provide proof of household registration and proof of termination of labor relations;
(twelve) other circumstances stipulated by the housing provident fund management center.
Regardless of the divorce, as long as employees can show that they have paid the provident fund before, and now they want to withdraw the provident fund because they want to rent or buy a house, as long as they submit enough materials, the housing provident fund management departments all over the country will generally withdraw the provident fund to the designated account according to the process.
legal ground
"Regulations on the Management of Housing Provident Fund" Article 24 Employees may withdraw the balance of the housing provident fund account under any of the following circumstances: (1) purchasing, building, renovating or overhauling their own houses; (2) retirement; (three) completely lose the ability to work, and terminate the labor relationship with the unit; (4) Having left the country to settle down; (5) Repaying the principal and interest of the house purchase loan; (six) the rent exceeds the prescribed proportion of family wage income. In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time. If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund.