Can a 6 year old be written on the title deed?

At present, there is no specific legal provision for minors to purchase real estate. The common practice in the real estate industry is to require the owner to be a natural person over the age of 18 with independent civil capacity. Those who are over the age of 16 and have worked and lived independently can also be regarded as having independent civil capacity and can become independent owners.

Buying a property in the name of a minor must be done with caution. Unless you feel that you need to do it in particular, you should generally not do this to avoid self-defeating.

Premises permit is a document that allows the buyer to obtain the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.

In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house. According to China's current housing ownership registration system, housing registration is a statutory publicity method for the ownership of urban housing rights.

In late August 2011, the tax department said that the deed tax on the addition of real estate was half of the house price. In April 2013, the Beijing Municipal Commission of Housing and Urban-Rural Development stated that in order to prevent false housing sales and other behaviors and ensure the safety of housing transactions, in the future, Beijing buyers will be able to voluntarily and free set up a password for the real estate certificate, and the house must provide a password when it needs to handle the registration business of transfer, change, mortgage and other business. It is expected to be implemented in the second half of 2013.

Whose name should be written on the title deed?

Legal Analysis: Eight years old is fine. If the child is under the age of 8, he or she is a person with no capacity for civil conduct and cannot accept the gift.

If the child is over 8 years old, the child's name can be written, which is protected by law. If it is a minor to buy a house, its guardian is required to issue a guardianship certificate; You can buy a house independently if you are at least 18 years old.

Legal basis: Article 144 of the Civil Code of the People's Republic of China: Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely for the benefit of the individual, or civil juristic acts appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person. The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize.

Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Legal analysis: The name of a 6-year-old child can also be written on the real estate certificate: only if the minor child writes the name on the real estate certificate, it is necessary to write the name of the guardian on the real estate certificate.

Because 6-year-old children are not autonomous, it is difficult for 6-year-old children to distinguish the ownership of items, and they need to have a guardian, but the guardian cannot sell the property rights of the house at will.

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

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; 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.

Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Legal analysis: The name of a 6-year-old child can also be written on the real estate certificate: it is only that the name of the minor child written on the real estate certificate needs to be written on the real estate certificate to be the name of the guardian.

Because a 6-year-old child is not autonomous, it is difficult for a 6-year-old child to distinguish the ownership of the item, and a guardian needs to exist, but the guardian cannot sell the property right of the house casually.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 60 To obtain land use rights by way of transfer or allocation, you shall apply for registration with the local people's land management department at or above the county level, and the local people's land management department at or above the county level shall verify that the land use right certificate shall be issued by the people at the same level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When the real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for the registration of real estate change, and apply for the registration of land use right change to the people's ** land management department at the same level with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

The owner of the house must be over 18 years old and under 18 years old, and cannot apply for the property right certificate. At the time of the sale and purchase of a house, the delivery of the title deed does not have the effect of transferring the ownership of the house. The assignee cannot claim that it has acquired ownership of the house on the ground that it has obtained the seller's title deed.

Similarly, after the loss of the title deed, the owner of the house does not lose the ownership of the house, and the right holder can claim and exercise the right according to the records in the register, and the owner can request the registration authority to reissue the title deed according to the records in the register. Therefore, the contract for the sale and purchase of a house does not depend on whether to apply for the real estate certificate or whether to deliver the real estate certificate. In accordance with Article 131 of the Contract Law of the People's Republic of China:

The subject matter of the sale shall belong to the seller or the seller shall have the right to dispose of it. Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions. It can be seen that as long as the subject matter is legal and has the right to dispose of it, there is no special requirement in the Contract Law as to whether the subject matter has relevant licenses.