Can a house without a title deed be preserved?

Off-plan housing is not protected in our country, and when it is finalized, it depends on the property right certificate.

The real estate certificate is a legal document for the state to protect the ownership of the house in accordance with the law. From the point of view of the law, a house without a real estate certificate cannot be purchased, and it is recommended not to take risks to buy a house without a real estate certificate because of the temporary cheapness. A house without a title deed cannot be notarized.

The title deed has the following notable features:

1) The real estate certificate can only be issued by the real estate authority.

2) The real estate certificate is a written proof of the ownership of a specific house, and can record the common ownership of the specific house and whether a security interest is created. Based on the principle of one property, one right, the real estate certificate is based on the principle of one house and one real estate certificate, that is, a house with independent building structure and use function (including distinguishing all houses) has only one ownership, and only one ownership registration can be registered on the real estate registration, and only one real estate certificate can be issued accordingly.

3) The property ownership certificate can only be issued to the owner of a specific house, if the house is co-owned, in addition to the house ownership certificate, a co-ownership certificate can also be issued to the co-owner.

4) The real estate certificate is the ownership certificate issued by the registration authority to the specific right holder after the registration of the ownership of the specific house, and the content of the real estate certificate should be consistent with the content of the registration book.

A house without a title deed cannot be preserved.

Property preservation refers to the compulsory measures taken by the people's court to restrict the disposition of the parties' property or disputed items before or after the interested parties file a lawsuit, in order to ensure that the effective judgment can be enforced in the future or to avoid property losses.

When people's courts employ property preservation measures, the scope of preservation shall be limited to the property disputed by the parties or the defendant's property, and property preservation measures must not be employed against the property of persons not involved in the case. Real estate needs to have a clear address and the name of the right holder, preferably with relevant title certificates. If there is no real estate certificate, it is impossible to determine the ownership of the house, and it is impossible to determine whether it is the property of the obligor, so it cannot play the role of preservation.

A house without a property certificate is a small property right house that is not protected by the state, and it is much lower than that of a house in the same area.

You must not buy a house without a title deed.

Legal analysis: If the house belongs to the respondent and can be applied for preservation even if there is no real estate certificate, the court shall inform the respondent after preserving the house.

According to Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts, parties and interested parties applying for property preservation shall provide the people's court with clear information on the property to be preserved. Where a party applies for property preservation in litigation and is truly unable to provide clear information on the property to be preserved due to objective reasons, but provides specific property leads, the people's court may rule to employ property preservation measures in accordance with law. Therefore, if the applicant applies for property preservation, if he does not have a real estate certificate but can provide other housing information clues, such as a house purchase contract that has been signed and filed online or other housing information clues queried through the real estate management department, the court may rule to take preservation measures against the house in accordance with the law.

Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts" Article 10: Parties and interested parties applying for property preservation shall provide the people's court with clear information on the property to be preserved.

Where a party applies for property preservation in litigation and is truly unable to provide clear information on the property to be preserved due to objective reasons, but provides specific property leads, the people's court may rule to employ property preservation measures in accordance with law.

Houses that do not have a title deed generally cannot be preserved. Housing preservation refers to the compulsory measures taken by the people's court against the house in accordance with the law before the judgment is made in a case where the judgment may be unenforceable or difficult due to the conduct of one of the parties or other reasons. Without a property ownership certificate, it cannot prove the ownership of the house and cannot play the role of preservation.

First, and second-instance applications, to whom to apply for litigation preservation.

Prior to the promulgation of the judicial interpretation of the new Civil Procedure Law, there were indeed no specific provisions on this issue in our legal provisions, and the law only stipulated: "The people's court may, on the basis of the application of the other party, make a ruling on property preservation in cases where the judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to employ property preservation measures when necessary. ”

Second, how to preserve the real estate certificate has not been completed.

There is no way to get the real estate certificate, and the hospital generally does not preserve it. Real estate preservation refers to the compulsory measures taken by the people's court against the house before the judgment is made in accordance with the law in cases where the judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons. Failure to apply for a real estate certificate cannot prove the ownership of the house and cannot play a role in preservation.

3. What should be paid attention to in the preservation of divorce property?

In a divorce case, when one party maliciously transfers, conceals, squanders or disposes of the joint property or personal property of the husband and wife, resulting in a series of issues such as child support in crisis, division of wealth and property, and repayment of joint debts, it is necessary for the other party to apply for pre-litigation property preservation when the situation is urgent and imminent. If the court accepting a divorce case may make the court's judgment unenforceable or difficult to enforce due to the conduct of one party or other reasons, it may, on the application of the other party or ex officio, take preservation measures against the disputed property to ensure the smooth enforcement of the judgment.

Article 100 of the Civil Procedure Law.

In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the opposing party, rule to preserve its property, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

Article 102.

The preservation is limited to the scope of the request, or to the property related to the case.

As long as the house is within the scope of the application or related to the case, and belongs to the person who is being applied for auction, even if there is no real estate certificate, you can apply for preservation.

Legal basis: Civil Procedure Law

Article 100: Applicable conditions and procedures.

In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, on the basis of the other party's application, rule to preserve the party's property, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary. The people's court may order the applicant to provide a guarantee if the applicant fails to provide a guarantee, and if the applicant does not provide a guarantee, it shall rule to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Article 102: Scope of preservation.

The preservation is limited to the scope of the request, or to the property related to the case.