A joint property is a property that is owned by two or more owners. For example, couples share property. "Share" can be divided into share-based and joint-shared according to the situation at the time of its formation. If the common property is to be transferred, the transfer of the common property must be agreed by all the property owners, otherwise such sanction will be deemed invalid. If it is shared by shares, the co-owners need to provide sufficient evidence to prove their respective shares, otherwise they are deemed to be jointly owned.
- How is the common property divided? What is the segmentation process?
1.To protect the integrity of the house to the greatest extent when dividing the house; 2. To the greatest extent possible, without compromising the existing value of the house; 3. To be unique to one person and to give others money or other means of compensation; 4. To adopt a common one Ways; 5. Ways for everyone to bid; 6. Ways to sell the house and everyone pays. Further reading of relevant knowledge: Legal characteristics of housing common 1. Housing common is the unity and subject of object ...
- How many real estate certificates do couples have? Who knows, tell me?
In the case of husband and wife common property, there is only one real estate certificate, which is not the number and name of the real estate certificate, which depends on the relationship between the couple.
- How to apply for mortgage loan
The common property of a husband and wife belongs to the joint property. The provisions on the mortgage of common property are as follows: Article 54 The mortgage is valid if the joint owner sets a mortgage based on the share of the joint property. The co-owner sets a mortgage with his joint property, and the mortgage is invalid without the consent of the other co-owners. However, the other co-owners who know or should know without raising an objection are deemed to be consents, and the mortgage is valid. However, the interpretation of the marriage law stipulates that the husband or wife is not due to daily life ...
- If the spouse's common property is registered under one party's name, can the registered party handle the property unilaterally?
According to the new "Registration Measures for Houses", co-owners should jointly apply for registration. The registration of change of ownership of a common house can be applied by the relevant co-owners, but if the application for house registration is made due to the nature of joint ownership or changes in the share of the co-owners, the co-owners should jointly apply. That is to say, when applying for a "House Ownership Certificate" for a common house, the common owner should make an application together, and the real estate registration department should register according to the applicant's application, and mark the word "shared" ...
- The husband and wife have a total of five years of real estate, want to change to one party, and then divorce. Is the house full of five years after the divorce?
Because the couple ’s divorce agreement belongs to one party ’s house, even if the property right certificate is re-applied, the date of issue of the house is based on the date of purchase. This can be verified by signing the contract for paying the deed tax and other taxes and fees.
- What is the general court's decision to appeal on the division of common property?
The court refers to the following articles to deal with the Supreme People's Court's Interpretation of Certain Issues concerning the Application of the Marriage Law of the People's Republic of China (Part Two). The situation is dealt with separately: (1) If both parties claim ownership of the house and agree to obtain the bid, it shall be allowed; (2) If one party claims the ownership of the house, the evaluation agency shall market it according to the market ...
- Shared property with parents when underage
Yes, parents and children share it. In the future, you can directly transfer the share of the parents to the children, saving a certain cost.
- When my daughter and college classmates fell in love to buy a house together, we paid most of the down payment. The real estate certificate is the name of two people ...
- How to split the property shared by husband and wife?
I. Pre-marital mortgage to buy a house, divorced houses with loans are divided as follows: 1. Before the marriage, the husband and wife purchased the house with personal property and mortgage loan, before the marriage, they applied for the real estate certificate of the individual as the owner, and the two parties jointly repaid the loan. The house underneath is the personal property of one party, and the other party has no right to ask for a division at the time of divorce. However, the spouse participating in the joint loan repayment has the right to request the other party to repay the part of its repayment. What needs to be clear here is that joint repayment ...
- How many copies of the property ownership certificate? Is there anything to say?
Simply put, the house is in the name of two people. Houses purchased and constructed by husband and wife during the existence of the marriage relationship, or houses jointly invested and purchased by both parties before marriage, are common houses of husband and wife, and should be divided as common property of husband and wife when divorced.
- What are the procedures for the transfer of real estate for couples?
1. During the existence of the marriage, during the marriage, the couple's single-named real estate needs to be transferred to the other party. Both parties need to bring the identity certificate, house ownership certificate, household registration certificate, marriage certificate, transfer confirmation approval form and other materials to the housing management department for the transfer. It is a change of common property, as long as the cost of capital is not required to pay taxes; 2. After the divorce, the real estate transfer of the couple after the divorce, if the original real estate under the unilateral name of the couple needs to be transferred, the two parties need to bring identification, house certificate, household registration, divorce ...
- A husband and wife share a real estate mortgage loan. Does one party entrust the other to handle notarization?
Yes, the spouse's property is public property and one party can be entrusted to apply for notarization. Real estate notarization process and required materials: (1) Required materials for real estate notarization 1. Applicants' identity certification related materials, such as ID cards, household registration books, etc .; 2. Property ownership certificate Provide the house purchase contract and house purchase invoice); 3. Agreement or contract requiring notarization; 4. Other materials deemed necessary by the notary public. (2) Application for Notarization ...
- How to split a couple of divorced common properties? What is the split process?
Divorce real estate division refers to the division of husband and wife's shared real estate, which refers to the division of husband and wife's shared real estate into their own personal real estate at the time of divorce.
- Common legal consequences for couples selling unilateral property
Legal disputes arise from the unilateral sale of real estate by husband and wife. According to judicial appraisal, the real estate transaction results are divided into two cases: transaction invalidation and valid identification. In order to avoid this situation causing trouble for buyers and sellers, the original owners better cooperate with buyers to conduct information verification.
- New Marriage Law on Real Estate Questions and Answers
The house has become a big problem for modern families. Getting married without a house seems to be impractical. But even with a house, the issue of property ownership may make couples "chicken flying dogs".
- [Buy a house to help] Can the "shared house" be given away for free?
Letter: I bought a property together with a friend, and now I want to give 50% of the property in the name to another person under the same property certificate. What procedures are needed. How is the cost calculated? Thank you.
- What are the fees for the transfer of real estate for father and son
The choice of transaction transfer and gift transfer is mainly to see if you will trade and change the property again in the future. If you do not trade, I recommend using gift transfer. It is better to choose transfer transfer. There are two ways for your father and son to transfer your property.
- What to do if the married couple's common property is mortgaged and divorced? Who pays the loan
During the divorce, couples often involve divorce issues such as property division and child support. Litigation and divorce also have their own divorce procedures and conditions. Mastering these legal knowledge is very important for parties to divorce cases. Married couples share the property and are mortgaged and divorced. What should I do? Who pays the loan? This article mainly introduces these common divorce problems and solutions in detail.
- [You ask me to answer] Is it effective to conceal the common property for sale?
Editor's note: When buying a second-hand house, it must be clear to the buyer that the owner of the property right, that is, the property belongs to one person, or there are multiple owners. Especially for the property after marriage, even if only one person's name is written on the real estate certificate, both husband and wife are the owners, and both husband and wife must sign together when selling the house. * There are recent netizen consultations. The house I bought after my marriage was sold by my husband without my knowledge. Is this sale agreement valid? If you ask me in this issue, I will answer this question for everyone. I hope to help you Solve doubts.
- How to mortgage a shared property can others quietly reach your house
Everyone knows that the mortgage operation of private real estate is relatively simple. So, can two or more properties jointly owned by the mortgage can apply for a mortgage loan? In this case, we call it a co-ownership. No for a mortgage.
Property purchase in Wuhan What does the commercial and residential land use are called off-plan construction projects? The site is used for housing, pension, tourism, real estate, and construction land.