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It is not allowed to be handled by one person, and both parties will first handle the property separation after the divorce.
Documents required for the loan that has not expired: 1. Present the clause on the ownership of the property in the Divorce Agreement (notarization required) or the Arbitration (Judgment) of the court after it takes effect; 2. Divorce Certificate; 3. ID cards of both parties; 4. Proof of the original house ownership or mortgage, that is, the relevant procedures of the original mortgage loan. Steps:
1. Go to the housing management department to go through the procedures for changing ownership; 2. Go to the mortgage bank to go through the procedures for the mortgage rights (obligations).
If the mortgage loan has been paid off, only the existing real estate owner only needs to go through the property right transfer procedures with the local real estate management department with the effective Divorce Agreement (notarization) or the court's Arbitration (Judgment), Divorce Certificate, ID Card, and the original Housing Ownership Certificate.
For the transfer of divorced real estate, it is necessary to go through the registration of property separation. Divorce and property separation of husband and wife do not need to go through many procedures, only need to go through the divorce and property separation registration in accordance with the relevant regulations of the Housing Authority. Property dissolution registration is a common type of housing registration, which is also different from inheritance registration and gift registration.
The registration of property separation is mainly applicable to divorce and property separation. As the name suggests, divorce is a registration procedure in which the spouses transfer their share of the house to each other after the divorce. In accordance with the relevant regulations, both parties are exempt from transaction taxes.
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Yes, you have to go with two people.
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I guess two people should go together.
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The title deed is in the man's name, and the woman has no right to sell the house. Apply for change with the divorce certificate and divorce agreement to the trading center. You can ask the other party to cooperate with the transfer.
There are two options: 1. Go to the justice office and give you the house justice. 2. Apply to the court for enforcement.
Everything on the divorce agreement asks the court to issue a court judgment to award the house to you. At that time, you can take the justice letter or court judgment to the housing authority to apply for a new house book.
Legal analysis
The signature of both parties and the filing by the marriage registration authority is valid. 1. In the divorce agreement, the house is owned by one party and has legal effect. 2. If one party fails to perform the divorce agreement signed by both men and women when they go to the Civil Affairs Bureau for divorce registration, the other party may file a lawsuit in the court.
If it still fails to perform after the court's judgment, the court shall enforce it. 3. If one party fails to perform the mediation agreement confirmed by the court in the form of a mediation agreement between the man and the woman, the other party may directly apply to the court for compulsory enforcement. Before marriage, both parties jointly fund the purchase of a house, only one party's name on the property right certificate, how to divide the house after divorce, this is a more common phenomenon in real life, especially in the city, completely funded by one party to buy a house, the pressure is very high, usually by both parties jointly funded to buy a house, when the two parties jointly fund the purchase of a house before marriage, because the two parties feel good before marriage or for other reasons, only the name of one party is written on the purchase contract and property right certificate, and the other party is not written in.
After marriage, divorce due to emotional breakdown, at this time, one party does not recognize that the other party has contributed capital when buying the house, and believes that the house belongs to the personal property before the marriage, and the other party has no right to demand division.
Legal basis
Civil Code of the People's Republic of China
Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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The house can be bought, but it needs to be bought in the hands of the woman, because the property belongs to the woman, and only the woman has the right to sell the house. The woman should bring the divorce agreement, divorce certificate, ID card, real estate certificate, household registration book and other relevant materials to apply for the transfer procedures, and transfer the real estate certificate to her own name. There is no fee for the transfer of property between husband and wife, and there is no transfer of assets.
Then the sale is carried out, and if it does not pass, the man must cooperate. Otherwise, the buyer will have a hard time closing the house.
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If there is no transfer to the woman, then such a house should not be purchased for the time being, and you can't just look at the divorce agreement, which cannot represent the name of the real estate certificate, so it is said that the house will be transferred first and then the transaction will be made.
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During the existence of the marital relationship, no matter whose name is on the real estate certificate, the real estate belongs to the joint property of the husband and wife, and the divorce agreement stipulates that the real estate belongs to the woman, then the agreement of the real estate is always valid, and the woman is the owner of the real estate, and after bringing the real estate certificate, divorce agreement, ID card and other valid documents to the housing management office to handle the real estate transfer procedures, the woman can dispose of the real estate at any time, including selling the property, and no one has the right to block and interfere.
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The real estate certificate is the man's name, the divorce agreement is owned by the woman, it is best for both men and women to negotiate with you together when selling the house, and the seller brings the real estate certificate, divorce agreement and your respective ID cards and other relevant information and documents when the property is transferred, and jointly arrives at the scene to go through the transfer procedures, before you can buy the house, otherwise do not buy.
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After the divorce, if the man's name is on the real estate deed, and the divorce agreement says that the house belongs to the woman, the house can also be sold, as long as both parties agree.
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After the couple divorced, the man's name was on the real estate deed, but the divorce agreement stated that the house was owned by the woman, can this house be bought? If you can buy it, as long as the man goes to the real estate bureau with you to sign, you can buy the successful agreement for this house, which is useless in the hands of the woman.
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Since the divorce agreement says that the house belongs to the woman. Hurry up to the real estate bureau to change the name of the house certificate to the woman, so that you can have the right to sell the house, if the house certificate is not changed, you have to pass the man's name, and the man agrees. Let him write a consent form, so that it can be sold as well.
Otherwise, the woman would not have the right to sell the house.
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If you want to buy this house, you must sign the person on the real estate certificate, as long as the man agrees to sign, the house can be bought, but if the man does not agree to sign, the house should not be bought, because you can't go through the real estate transfer procedures if you buy it, I hope it will help you!
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If you want to buy, you can also buy, but you must get the consent of the man and sign the transfer to the buyer, the real estate certificate is the man's, you can't sell it yourself, you can also negotiate with the man to transfer the real estate certificate to your name and you can sell it.
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This house can be bought, and the party will pay for it after completing the property transfer procedures. In addition, the original couple went to the real estate bureau to change the name of the real estate certificate to the woman's name, and you can buy the house with confidence.
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After these people get divorced, the real estate certificate writes the man's name, but the divorce agreement belongs to the woman, and the house can be bought and sold, but the premise is that it needs to be transferred to the woman's name first, and then the sale is carried out.
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It's better not to buy it, the property rights are not clear. Unless you say yes with your husband and wife.
If the wife sells it to you, you need to consider whether the transfer can be smooth.
If the husband sells to you, you have to worry that the wife will sue later and the contract will be invalid.
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After the husband and wife divorce, the man's name is on the real estate certificate, and if there is a property division agreement or court judgment that it belongs to the woman, the house can be transferred to the woman! Outsiders need to agree to the person registered in the house book to buy it!
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In this case, this house should not be touched for the time being. Because the man's name is on the real estate deed, the woman cannot buy and sell the house with a third party until the transfer procedures are completed. Otherwise, there will be a lot of trouble.
At least, if the man repents, the third party will redress the grievances, because the third party's transaction partner cannot be the woman.
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This is risky, unless the divorce agreement is notarized, it is impossible to determine that the agreement is agreed and signed by the man, so it is safer to wait for the name on the house certificate to be changed to the woman.
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After your divorce, the real estate certificate is in the man's name, but the divorce agreement says that the house is owned by the woman, can I buy the house? You can buy it but you can go through the following procedures first, first ask your ex-husband to agree, first go to the notary office to notarize it and then pass it to your name, so that you can buy it.
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OK. However, at the time of sale, the original real estate certificate should be signed and confirmed by both husband and wife in order to be valid.
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After the divorce of the husband and wife, the real estate certificate is the man's name, but the divorce agreement is that the house is owned by the woman, if the party sells the house, it must be signed by both husband and wife, and the other is to go to the real estate center to change the name of the house to your name on 0k, I hope it is good.
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The man must cooperate with the transfer, but the account cannot be bought!
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It is possible to buy, but the transaction cannot be completed privately.
The best thing to do is to go through the transfer and name change procedures first, and then complete the sale, so that nothing goes wrong.
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The house can be sold. Transfer the title deed to your name. It will have nothing to do with your husband then. Because it's for you on the divorce agreement. So this house. It's yours. You can do whatever you want.
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There are three principles that cannot be touched in the real estate industry, and one of them is unclear ownership, and this is the most important principle. If you touch this kind of house, you won't have time to regret it, and then the money may be spent in vain, and you may be refunded a little bit. And the point is that this house may be asked to go back in the form of a lawsuit at any time, not to mention the handling fees in the middle, so it is still not recommended that you buy such a house.
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No matter what the situation, as long as it can be transferred to your name, you can buy it!
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The best solution in this case is to transfer the house to you first if you pay more money.
Regardless of whether her house is owned by the woman or the man, as long as the name on the real estate certificate is changed, she can buy it.
But if you can't do it, there will be trouble in the later stage. The biggest loss is that the house you bought may be taken back by the man, and the money will not be returned.
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You are divorced, but the house is owned by the woman, but the house is in the man's name. If the woman wants to sell the house now, she must first change the name of the house to the woman's name, and then she can sell it.
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After the divorce, the husband and wife are in the man's name on the real estate certificate, but the divorce agreement states that the house belongs to the woman and the man needs to cooperate with the transfer of the house to buy.
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After the divorce, the house belongs to the woman, and the transfer procedure should go to the real estate management department to go through the transfer procedures, and after the transfer to the woman, you can buy it from the woman.
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As long as you can transfer the property to your name, if there is anything that can't be bought, don't pay the money before the good account, and the specific will be solved by the husband and wife.
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Legal analysis: After the divorce of the husband and wife, the property belongs to one party: the husband and wife should promptly hold the divorce certificate and divorce agreement (or the court's divorce judgment or divorce mediation letter), the real estate certificate, the household registration book and ID cards of both parties, etc., and go to the house to shout the Spring Management Bureau Zheng Nai to transfer the real estate certificate to the name of the holder after the divorce.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.
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