How to buy and sell a co ownership house, and can a co ownership house be bought and sold

Co-ownership houses can be bought and sold, but they must be agreed by the co-owners, otherwise they are invalid.

Legal basis] According to Article 97 of the Property Law of the People's Republic of China, the joint ownership of immovable or movable property and the major repair of the jointly owned immovable or movable property shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.

According to the laws of our country, without the consent of the co-owners, the sale of the house is invalid, and the "co-owners" here include the co-heirs. Therefore, since this kind of house sale is not protected by law, the buyer is generally unable to obtain the property right of the house, and the purchase price has been paid, so it is likely to fall into the trap of empty house payment.

The application review and placement of co-ownership housing adopts the project registration system, and there is no waiting list. The online purchase of co-ownership housing shall be carried out in accordance with the following procedures:

1) Online announcement.

After the development and construction unit obtains the reply to the project planning plan, it shall submit an application for opening online subscription to the Housing and Urban-Rural Development Committee (Housing Authority) of the district where the project is located, and after review and approval, it shall be allowed to open the online subscription and issue the project announcement, and the online subscription period shall not be less than 15 days.

2) Apply online.

Eligible families can apply for project purchase by the Housing and Urban-Rural Development Commission (Housing Authority) of the landing area during the online application period for the co-ownership housing project, fill in the "Family Housing Application Form" and "Letter of Commitment", truthfully declare the family population, household registration, marriage, housing, etc., and prepare relevant supporting materials in accordance with the conditions and project announcements specified in these measures.

3) Online audit.

The Municipal Housing and Urban-Rural Development Committee, together with the public security, local taxation, social security, civil affairs, real estate registration and other departments, within 20 working days after the end of the purchase period, shall review the qualifications of the applicant family through the city's co-ownership housing qualification review system, and the District Housing and Urban-Rural Development Committee (Housing Management Bureau) shall review the employment of the applicant family in the district. Families who have passed the review can obtain an application code.

Applicant families can log in to the official ** of the District Housing and Urban-Rural Development Commission (Housing Authority) to check the qualification review results. If there is any objection to the review result, you can apply for a review to the District Housing and Construction Committee (Housing Management Bureau) with relevant supporting materials within 10 working days from the date of completion of the qualification review.

It is possible to buy.

As long as the co-owners agree, they can be bought and sold.

Defects of co-ownership housing: To put it bluntly, the property rights of co-ownership houses are shared, not only belonging to themselves, so they cannot make decisions by themselves when they have certain management decisions about the house. Advantages of co-ownership:

Everything is multifaceted, although the property rights of the house are not detailed enough, but it is better than the relative general commercial and residential buildings, which is cheaper, so it is more friendly to buyers with a very large burden of economic development.

Legal Analysis: Yes, but you need to meet the conditions before you can buy or sell.

1. Generally speaking, according to the regulations of the state: when the co-ownership house has been completed for 5 years, it can be listed for sale;

2. When purchasing a co-ownership house for transfer, it is more complicated than the transfer of a single-property right house, requiring each co-owner to sign all documents related to the sale of the house, and if the buyer applies for a loan, all co-owners are required to sign the sales documents in front of the bank staff;

Legal basis: Article 13 of the Measures for Housing Registration shall be jointly applied for registration by the co-owners of a co-owned house. The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.

The applicant family must meet the conditions of the city's housing purchase restriction and the family members have no housing under their names, of which the single family subscribes, and the applicant shall be at least 30 years old.

The positive significance of co-ownership housing.

Co-ownership housing relieves the financial pressure of some low- and middle-income families, protects their right to own property, and helps to curb housing prices to a certain extent**. In addition, as part of the housing security and ** system, co-ownership housing embodies social equity. Co-ownership housing will play a positive role in transforming the way real estate is regulated.

The essence of co-ownership housing is the embodiment of the public policy of housing in the field of commercial housing. On the one hand, co-ownership housing provides residents with relatively low-cost ordinary commercial housing, making it "affordable and in-house"; on the other hand, the supply structure of commercial housing in hot cities has been improved and optimized; Co-ownership housing also relieves the pressure on housing prices in first-tier and hot second-tier cities, and to a certain extent, can stabilize housing prices and relieve the problem of high housing prices.

1. Can co-ownership houses be bought and sold?

The construction standard of co-ownership housing will be strictly controlled within 90 square meters, and the housing can only be listed and traded after 5 years of residence. Under the same conditions, you can give priority to repurchase, and then give part of the property rights to other protection objects.

2. How is the co-ownership house determined?

Co-ownership housing is a house built by the local government that transfers part of the land transfer proceeds and then sells it to eligible families at a low price. The object of protection signs a contract with the local **, stipulating the share of property rights of both parties, the conditions for the future listing and transaction of the affordable housing and the distribution share of the proceeds.

The biggest difference between co-ownership housing and affordable housing is that its land is changed from allocation to transfer, and the price difference between the transferred land and the allocated land and the preferential policies for affordable housing are manifested as capital contribution and property rights. The co-ownership housing quantifies the limited property rights of the traditional allocated land and affordable housing into a clear property right ratio, which fundamentally solves many problems such as unclear boundaries, gives an accurate legal positioning of the property rights of affordable housing, and makes the problem of the withdrawal of affordable housing in the past and the integration of the market simple and clear.

The difference between the buyer's capital contribution and the total house price is ** capital contribution, and the common property rights are formed according to the proportion of capital contribution. When the co-ownership housing is listed or withdrawn, as long as the property right part of the purchase is purchased or divided with the ** in proportion, and the original price is purchased within 5 years, plus the loan interest for the same period for 5 to 8 years, and the transfer proceeds are purchased or proportionally shared according to the market appraisal price after 8 years.

3. How to handle the transfer of ownership of co-ownership housing.

When buying a co-ownership house, it is more complicated than the transfer of ownership by a single owner, and requires each co-owner to sign all the documents related to the sale of the house, and if the buyer takes out a loan, all the co-owners need to sign the sales documents in front of the bank staff.

When going through the transfer procedures at the real estate exchange, the co-owners of the real estate shall be present to cooperate with the buyer to go through the transfer procedures. If you are unable to attend the site due to special reasons, you need to provide a notarized power of attorney to authorize others to handle it on your behalf. The main procedures required are:

1. The buyer and the seller shall apply to the real estate transaction management department for the transfer of housing property rights with the sales agreement, the ID card of both parties, the household registration book, and the original "Housing Ownership Certificate", and declare the transaction**;

2. The real estate transaction management department requires the real estate of the transaction to be evaluated according to the needs (in fact, it is necessary, because the real estate transaction management department is generally in the same group as the real estate appraisal agency);

3. The buyer shall pay the deed tax to the financial department, and the seller shall declare and pay the business tax and individual income tax to the local taxation bureau (there are preferential policies according to the situation), and any buyer and seller (one party can also be agreed in the contract or agreement) shall pay the transaction fee and production cost to the real estate transaction management department;

4. Wait for the "House Ownership Certificate".

5. The buyer shall go to the land and resources management department to go through the procedures for the change of land use right with the new "House Ownership Certificate" and the original "Land Use Right Certificate", and receive the new "Land Use Right Certificate".

If the purchase is less than 5 years old, the transfer of the share of the house is not allowed according to national regulations. If it needs to be transferred due to special reasons, it can submit an application to the Housing and Urban-Rural Development Committee (Housing Authority) of the original distribution area, and the holding agency will buy it back; If it has been purchased for 5 years, it can submit a listing application to the original District Housing and Urban-Rural Development Commission (Housing Authority), and the holding agency has priority to purchase, and there are two options here: one is to continue to sell as a common property right if the holding agency exercises the right of priority.

Second, if the agency gives up the purchase, then the buyer must release the transfer information.

Transfer of co-ownership property:

1. They can agree on their respective shares. If there is no agreement and it cannot be proved that each party contributes capital, it is presumed that they are half owned. 2. Notarization is required.

3. You do not need to sign and agree. 4. If you do not agree, it is invalid. 5. The court will not accept the case.

6. You have the right of residence of course, and you do not need to apply. 7. Rent can be collected, provided that the father has the financial ability. 8. **Co-ownership of real estate must be agreed upon by all co-owners and jointly **.

If there is no agreement, either co-owner can file a lawsuit to achieve the purpose of selling the house through property separation.

The way to buy and sell a co-ownership house is as follows: under normal circumstances, when buying and selling a co-owned house, the co-owner should sign a co-ownership agreement with the other co-owners and deal with it in accordance with the co-ownership agreement.

[Legal basis].

Article 297 of the Civil Code provides that immovable property or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership. Article 303:Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but where the co-owners have major reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division.

Where damage is caused to other co-owners of the Void Reputation as a result of the division, compensation shall be given.

The sale and purchase of a co-ownership property is divided into whether the house is co-owned or co-owned by shares. The disposition of jointly owned immovable property shall be subject to the consent of the co-owners or all the co-owners who account for more than two-thirds of the shares, unless otherwise agreed between the co-owners. If Xun Yuguo sells the house without the consent of more than two-thirds of the co-owners or all the co-owners, it has no right to dispose of it.

The sale and purchase of a co-ownership property is divided into whether the house is co-owned or co-owned by shares.

The disposition of jointly owned immovable property shall be subject to the consent of the co-owners or all the co-owners who account for two-thirds of the shares, unless otherwise agreed between the co-owners. If the property is sold without the consent of more than two-thirds of the co-owners or all the co-owners, the property has no right to dispose of it.

Article 301 of the Civil Code of the People's Republic of China stipulates that the disposition of jointly owned immovable or movable property and the major repair or change of the nature or use of the jointly owned immovable or movable property shall be subject to the consent of the co-owners or all the co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.

1. What are the application conditions for co-ownership housing?

The application conditions for co-ownership housing are different in each place, because the social development and economic conditions of each place are different, for example, the co-ownership housing in Guangzhou needs to meet the following conditions at the same time:

1. Married people are not subject to age restrictions; Unmarried, divorced, widowed and other single persons shall be at least 30 years old.

2. The applicant for household registration in this city shall have urban household registration in this city for 10 years; Those who have a bachelor's degree or above from a domestic university recognized by the state and have obtained a bachelor's degree or above, or have obtained a bachelor's degree or above from an overseas university recognized by the state, belong to the catalogue of intermediate and senior professional and technical titles and professional qualifications published by the city, belong to the catalogue of high-skilled talents and jobs (occupations) in short supply, and hold a valid main card of Guangzhou Talent Green Card, may not be subject to the restrictions on household registration or the number of years of household registration.

3. The basic endowment insurance has been paid in the city for 60 consecutive months before the subscription, and the cumulative amount of interruption and supplementary payment shall not exceed 6 months and the corresponding months shall not be counted.

4. The applicant, his spouse and minor children do not have residences, shops or office buildings in the city.

5. When each batch of ** is announced, other conditions stipulated by the Municipal Housing Security Office or the housing security department of each district.

2. Can I get a loan for a co-ownership house?

According to the "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights", co-ownership houses can be loaned, and the loans enjoy the same policy as the original self-housing, that is, the minimum commercial loan is 30, and the provident fund loan is at least 20.

The sale and purchase of a co-ownership property is divided into whether the house is co-owned or co-owned by shares. The disposition of jointly owned immovable property shall be subject to the consent of more than two-thirds of the co-owners or all co-owners, unless otherwise agreed between the co-owners. If the clan chai Qingguo sells the house without the consent of all the co-owners who account for more than two-thirds of the shares, they have no right to punish the shares.

[Legal basis].

Article 301 of the Civil Code stipulates that the disposition of jointly owned immovable or movable property, as well as the major repair or change of the nature or use of the jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.