The problem of real estate and hukou, the hukou problem to understand when buying a house

(1) Understand the household registration policy.

Whether you are buying or selling a second-hand house, you should make some corresponding preparations, such as understanding the market** and the various links and steps of buying and selling, as well as various precautions. Among them, it should be understood that the current hukou policy. The settlement of the household registration should have a solid address, that is, there must be a fixed property that can be settled.

Therefore, if the seller wants to sell the house, then he has to consider that the hukou should be moved**, and the buyer should know that there is no way to move the hukou into the property before the seller moves out of the hukou.

2) Preliminary investigation and verification.

After understanding the current household registration policy, before signing the second-hand housing sales contract and applying for transfer registration to the real estate transaction registration management department, the buyer had better go to the police station where the house is located for verification in person. Although some ** parties promise that they have no household registration in the property, they should still go to the police station for verification. In addition to verifying the authenticity of the commitment of the first party, this can also prevent other people's hukou from not moving, such as the previous household registration of the first party.

If an intermediary is entrusted to verify on its behalf, the intermediary agency shall be required to issue a written verification report and affix an official seal to prevent a small number of practitioners from having a weak sense of responsibility or deception.

1. Hukou issues that should be paid attention to when buying second-hand houses.

1. Housing ownership management and household registration management are inseparable. This should be the most critical cause of the hukou problem, if the management of housing ownership and hukou can be separated, the hukou dispute will basically not exist.

2. The court cannot directly make a civil judgment on the relocation of the hukou. If the original owner does not move his household registration, it is difficult to determine what rights the other party has violated and it is impossible to file a civil lawsuit against him. At present, in the trial of housing disputes, the parties cannot file a separate lawsuit on the hukou issue, and generally neither accept nor adjudicate the hukou issue, so it is difficult to protect their rights and interests through legal means.

Myth 1: The head of the household is the owner of the house, first of all, this must be wrong. Whoever owns this house does not look at the household registration book, but the real estate certificate.

Whoever writes their name on the title deed is the house. The property owner on the real estate certificate has no direct relationship with the household registration population on the household registration book, the personnel on the household registration book are not equal to the property owner on the property right certificate, the ownership of the house property right is subject to the property owner registered on the property right certificate, whose name is registered on the property right certificate, the property right of the house belongs to whom, and the household registration personnel registered on the household registration book has no relationship. Myth 2:

Since the name on the household registration is meaningless, then there is no need to care about his influence, and this understanding is also wrong. Although you have the right to sell your own home, you cannot sell your house if the person on the hukou refuses to move out of his hukou. Myth 3:

The owner of the house must be with the hukou, but this is not absolute. That is, the two can be together or not. If the property owner and the hukou are not together, it will not affect the rights of the property owner.

In general, the relationship between the hukou and the real estate certificate is not an absolute existence. The relationship between them is not complicated, and it is enough to understand it clearly to prevent unnecessary entanglements. Misunderstanding.

Fourth, the proceeds from the sale of the house belong to the owner on the household registration book, and the ownership of the house is based on the name on the real estate certificate, not the household registration book. Therefore, when buying and selling a house, the right to decide and the income still need to look at the name on the property ownership certificate, even if you have your name in the household register, the house does not have a part of you.

Legal basisMeasures for the Administration of the Sales of Commodity Housing

Article 34 stipulates that a real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the materials required for the application of the real estate certificate to the competent real estate department where the housing is located.

1. The real estate certificate is your father's.

The name, the house is your father's, and has nothing to do with the hukou;

2. If the owner of the house is your father, after the grandfather passes away, there will be no household registration in it, and the grandfather's daughter will no longer be able to move the household registration in;

3. It doesn't matter if you don't have a hukou in the house, but if the father's daughter (is it you?) If you want to move your hukou into your father's house, you need your father to move into the house first, and then your daughter can move in.

In short, hukou and property rights are two completely different concepts.

You confuse hukou with property rights, which are two different things.

As long as the title deed is in anyone's name, it is theirs.

It doesn't matter where 110,000 people are registered.

The house title certificate is the son's name, and as long as the son does not agree after the grandfather passes away, no one's household registration can be moved! Needless to say, nothing else.

1. After the grandfather passed away, if the grandfather's daughter secretly moved her household registration in, who does the house belong to? Or is it legally permissible for grandpa's daughter to do this?

A: Regarding the first question:

Because the name of the title deed is the son, the house belongs to the son.

About the second question:

The law is permissible, at least not prohibited.

Without the grandfather's consent, how could the grandfather's daughter secretly move in the hukou?

Impossible. 2. If there is an empty hukou under this house, will there be any other problems, such as property rights or it will be difficult for the father's daughter to move into the hukou in the future.

A: There won't be any problems, just remember to pay the property management fee.

In order for a father's daughter to move into the household, the consent of the head of the household must be obtained.

What is the relationship between people in the landlord's question?

Grandpa, son, grandpa's daughter, father, father's daughter, .......

Hehe, can't the landlord use the idiomatic language of the Chinese to explain the relationship between people?

One more thing: family planning work has not been done well.

Yes, the real estate certificate is purchased in the form of a joint name, that is, your father, sister and you jointly share it. In this way, you and your sister can go through the household registration procedures with the real estate certificate.

The real estate deed is written in whose name at the expense. Hukou and real estate certificate are two separate and not linked.

I am the only one in my name on the property certificate of a house, but there is me and another person in the household registration book, a total of two people. Can I sell the house?

I can sell a house. If so, will that person's hukou remain in that house, or will they move somewhere?

You must clear all the hukou in the house, otherwise the family who bought your house cannot move in, and all the hukou must be moved out.

If he refuses to move, is there anything I can do?

There is no way, you can only negotiate with that person, and if the hukou is not compulsory, even the court will not be able to do so. You have to ask him the reason why he refuses to move, whether he doesn't want to move, why, he still has no place to sign, and he doesn't have another house. Some small cities can be empty, that is, there is a place dedicated to the hukou and there is no place to sign, but in big cities, it is impossible, and if your house is sold, that person's hukou can be moved back to the original place, that is, where did you move from and then return to that place.

The right to public property has nothing to do with the location of the household registration. The rights of the property owner of the demolition of the house do not affect the rights of the property owner, regardless of whether the household registration is in the same place as the real estate. The ownership of the property is not necessarily related to the person who is in the household register.

The property certificate of the house file is clear about the ownership of the property, and the household registration book is clear about the place of household registration.

Legal analysis: The house has been sold, and the people on the household registration book of the original owner do not need to move out, and the family members on the household registration book have nothing to do with the sale of the house, the house is transferred to others, but the household registration is still those people.

Legal basisArticle 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order:

1. 1st order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children with grandchildren, illegitimate children, adopted children, and stepchildren with a dependent relationship.