Who has the final say on the property in the name of the minor

Article 18 of the General Principles of the Civil Law of the People's Republic of China stipulates that guardians shall perform guardianship duties, protect the person, property and other lawful rights and interests of the ward, and shall not dispose of the ward's property except for the interests of the ward. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear responsibility; Where property losses are caused to wards, the losses shall be compensated.

The handling of real estate in the name of minors must follow the special provisions of the real estate in the name of minors, first, the guardian can only ** his real estate for the benefit of minors, and must provide the guardian's signature to ensure that he has guardianship qualifications and ** real estate is for the benefit of minors The guarantee must be notarized by a notary office. If the above conditions are met, in addition to submitting information in accordance with the normal housing transaction registration procedures, it is also necessary to submit the seller's household registration book or birth certificate, kinship certificate, and guardian's identity document to prove that he has guardianship qualifications and that the ** property is for the benefit of minors. After preparing the above information, you can go to the housing management department to go through the relevant procedures of the housing **, so that you can successfully ** the property in the name of the minor.

Since the minor's property is under the age of 18, if it is to be disposed of, its legal guardian must go to the notary office to make relevant justice, and the specific can be disposed of by going to the notary office to ask the staff.

Legal Analysis: Yes. The developer is wrong to say that children are too young to be owners.

Although minors do not have the ability to sign a house purchase contract independently, their parents, as property buyers, can sign the name on the property deed into the name of their minor child. When buying a property, if the parent chooses a one-time payment method and directly fills in the name of the child (minor) in the property owner field, the child can become an independent owner. When applying for a real estate certificate, only Duan Slag asks his guardian to issue relevant certificates, and the formalities can write the property in the name of his child.

However, if the parents choose a mortgage loan, the minor children cannot become independent property owners, and the property can only be the joint property of the parents and the minor children.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall be registered in accordance with law and shall take effect; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Legal analysisAlthough minors do not have the ability to sign a house purchase contract, their parents, as property buyers, can sign the name on the real estate certificate as the name of their minor children. When buying a property, if the parent chooses a one-time payment method, fill in the child's name directly in the property owner field, and the child can become the owner.

However, if the parents choose a mortgage loan, the minor children cannot become the property owners, and the property rights can only be shared by the parents and the minor children.

Legal basisArticle 13 of the Civil Code Law of the People's Republic of China From the time of birth to the time of death, a natural person has the capacity for civil rights, enjoys civil rights in accordance with law, and bears civil obligations. Article 14: All natural persons have equal capacity for civil rights.

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.

1. Can a minor child have a property in his name?

1. Minor children can have real estate in their names. Minors have property ownership. However, a guardian is required to apply for registration on behalf of the guardian.

Citizens under the age of 18 are persons with no capacity for civil conduct or persons with limited capacity for civil conduct, and their civil activities are governed by their legal **persons**. Minors do not have the capacity for civil conduct, but they enjoy civil rights in accordance with the law, and may acquire real estate in the form of buying a house, accepting gifts, inheritance, awards, etc. In the course of these civil acts, the legal person may sign various contracts and agreements on behalf of them to exercise civil rights.

2. Basis of the law: Article 14 of the Measures for Housing Registration of the Ministry of Construction of the People's Republic of China.

Minors' houses shall be registered by their guardians. Where a guardian applies for a minor's housing registration on behalf of Liang Noise, he shall submit materials proving the guardian's identity; Where an application for registration is made for the disposition of a minor's house, a written guarantee for the minor's interests shall also be provided.

Article 15. When applying for housing registration, the applicant shall use a Chinese name or name. If the original supporting documents submitted by the applicant are in a foreign language, a Chinese translation shall be provided.

If the person is entrusted to apply for housing registration, the person shall submit a power of attorney and proof of identity. If an overseas applicant entrusts a person to apply for housing registration, its power of attorney shall be notarized or authenticated in accordance with the relevant provisions of the state.

2. What are the materials required for the transfer of the real estate certificate?

1. Application form for real estate transfer registration;

2. Proof of identity of the applicant;

3. Certificate of real estate rights;

4. Administrative decisions of relevant administrative organs;

5. If a mortgage has been created, a written document agreeing to the mortgagee shall be submitted.

Minors can have real estate in their names. Although minors do not have the ability to sign the house purchase contract independently, the parents can sign the name on the real estate certificate as the name of the minor child, that is, the parent will donate the property to the child.

Legal basis] Article 19 of the Civil Code, minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their statutory ** person ** or with the consent and recognition of their legal ** person;

However, they may independently carry out civil juristic acts that are purely profitable, or civil juristic acts that are commensurate with their reputation, age, and intelligence.

Minors can have real estate in their names. Although minors do not have the ability to sign the house purchase contract independently, the parents, as the purchaser of the property, can sign the name on the property ownership certificate into the name of the minor child, that is, the parent will donate the property to the child.

1. Whether the husband and wife can agree on the joint property for their children through divorce.

When the husband and wife negotiate a divorce, the joint property may be agreed upon for the children.

However, it is worth noting that after the husband and wife decide to donate the joint property to the child, if the child is an adult, he can go to the housing registration department to directly change the registration, if the child is a minor, he must submit the certificate of guardianship and the certificate of guardianship, and note the name of his legal guardian on the real estate certificate. Since an uncultivated adult is a person with no or limited capacity for civil conduct, the disposal of the property must comply with the relevant legal provisions.

2. Is it okay for parents to divorce and want to transfer the house to their minor children?

As the owners of the jointly owned property, the husband and wife are free to dispose of their property in accordance with the law. If both parties agree by agreement, the property can be donated to the minor children free of charge. Gift is a unilateral contract, and the donee generally does not need to pay consideration, and it is a contract for pure benefits.

In other words, when a husband and wife divorce, as long as both parties agree on the agreement, they can apply to the real estate registration agency for transfer registration and transfer the property to their minor children, which is not prohibited by law.

3. How many personal names can be written on the real estate certificate.

There can only be one person who can hold the property right on the real estate deed, and there is no limit to the co-owners of the property rights, and there can be many co-owners. Note: Minors are excluded.

When buying a house, you can write the names of several people on the purchase contract, but this is not specified. All owners of the property must be present to sign, and if any co-owner disagrees or disagrees throughout the transaction, one less signature can stop the transaction.

Article 19 of the Civil Code provides that minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their statutory ** person ** or with the consent and recognition of their legal ** person;

However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

The procedures for the transfer of ownership of the house are as follows:

1. If the real estate certificate transfer filial piety does not go through the real estate agency, the terms of the contract and the breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract;

2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract;

3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about fifteen working days;

4. After the household tax is paid, you can get the real estate certificate.

The documents required for the transfer of ownership of the house are as follows:

1. Application for registration;

2. Identification materials and power of attorney of the applicant and ** person;

4. Materials such as real estate boundaries, spatial boundaries, and areas;

5. Explanatory materials on the interests of others;

6. Other materials provided for by laws, administrative regulations and detailed rules for the implementation of these Regulations.

Legal basis: Article 23 of the Civil Code of the People's Republic of China.

The guardian of a person who lacks or has limited capacity for civil conduct is his or her legal person.

Article 211.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to the different registration items.