How to handle the power of attorney for selling a house when my husband is in prison

The consignment procedures for selling a house can be divided into the following two situations:

The co-owner of the house property rights shall handle the notarization of the sale of the house, such as working in a different place, working abroad or other situations where it is impossible to handle it in person.

Entrustment method: The client can go through the entrustment procedures at the local notary office, and it should be noted that the power of attorney must be handled at the notary office to have legal effect.

When going through the entrustment procedures, you must show your ID card, a copy of the house ownership certificate, and a copy of the land certificate, and indicate the entrustment matters, the entrustment period, the detailed address of the entrusted ** house, the name and ID number of the trustee on the notarization, so that the entrustment will be valid.

The co-owners of the property together entrust the third party with the procedures for selling the house.

Entrustment method: The co-owner and the trustee of the house property right go to the notary office to handle the notarial certificate of entrustment, and the co-owner of the property right must bring the original property right certificate, the original land certificate, the original marriage certificate, and the original ID card of both parties; The trustee must bring his ID card to the notary public to apply for a power of attorney, and the power of attorney must indicate that the property owner is husband and wife.

It should be reminded that if the person is not present, regardless of whether the birth certificate has the name of the spouse or not, the spouse's identity certificate and marriage certificate must be required.

You can contact the local notary office to communicate with the prison where you are serving your sentence and make a notarization in the prison.

Go to the prison for an interview and handle a power of attorney.

If notarization is required, the consent of the prison must be obtained, and the notarization can only be done with the escort of the prison guard.

The notary office at the place where the prison is located may be entrusted to handle the notarization entrustment.

You can contact the notary office of the Department of Justice where the prison is located.

You need a copy of the real estate certificate, land certificate, ID card of the co-owner, etc., notary fee, you can contact first.

Citizens and legal persons shall submit the following materials when applying for notarization:

1) Proof of the identity of a natural person, proof of the qualifications of a legal person and the identity of their legal representative, proof of the qualifications of other organizations and the identity certificate of their responsible persons;

2) If another person is entrusted to apply on behalf of the applicant, the person must submit the power of attorney of the party, and the legal person or other person must submit proof of authority;

3) Documents for application for notarization;

4) Supporting materials for the matters to be notarized, and proof of relevant property rights shall be submitted if the property relationship is involved;

5) Other materials related to the matters to be notarized.

The form of the other powers of attorney is the same, except that it is handed over by the authorities.

A prison visit is to ask your husband to sign the contract for the sale of the house.

Legal analysis: A power of attorney must be issued to entrust the sale of a house, and the family can explain the situation to the notary public, and the notary public can apply to the prison to go through the notarization procedures. Citizens and legal persons shall submit the following materials when applying for notarization:

1) Proof of the identity of a natural person, proof of the qualifications of a legal person and the identity of their legal representative, proof of the qualifications of other organizations and the identity certificate of their responsible persons;

2) If another person is entrusted to apply on behalf of the applicant, the person must submit the power of attorney of the party, and the legal person or other person must submit proof of authority;

3) Documents for application for notarization;

4) Supporting materials for the matters to be notarized, and proof of relevant property rights shall be submitted if the property relationship is involved;

5) Other materials related to the matters to be notarized.

Legal basis: Article 1062 of the Civil Code The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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 25 of the Notary Law: An application for notarization by a natural person, legal person or other organization may be submitted to a notary public at the place of domicile, habitual residence, place of conduct or place where the facts occurred. An application for notarization involving immovable property shall be submitted to the notary public at the place where the immovable property is located; The provisions of the preceding paragraph may apply to applications for notarization of entrustment, declarations, gifts, and wills involving immovable property.

Article 26 of the Notarization Law: Natural persons, legal persons, or other organizations may entrust others to handle notarization, except where wills, survival, or adoption relationships shall be notarized by themselves.

If your husband is in prison, he can contact the local notary office to communicate with the prison where he is serving his sentence, and make a notarization in the prison. You can also go to the prison to meet and apply for a power of attorney, and if you need notarization, you must obtain the consent of the prison, and you can only go to the notarization accompanied by the prison guard. A power of attorney is a legal document issued when entrusting another person to exercise his legitimate rights and interests on his behalf.

The principal shall not repent on the entrustment for any reason, if the entrusted party makes any rights and interests that violate the laws of the state, the principal has the right to terminate the entrustment agreement, and within the legitimate rights and interests on the power of attorney, all the duties and responsibilities exercised by the entrusted party will be borne by the principal, and the entrusted party shall not bear any legal responsibility.

Legal basis. Article 165 of the Civil Code of the People's Republic of China: [Power of Attorney]Where the authorization is in writing, the power of attorney shall indicate the name or title of the person, the matter, the authority, and the time limit, and be signed or sealed by the person being **.