The real estate deed is in the name of the husband and wife, can one party sell the house?

The names of two people are written on the real estate deed, and one of them cannot be traded if he or she sells the house. Co-ownership of real estate is prohibited from being transferred without the written consent of the other co-owners.

According to Article 37 of the Law of the People's Republic of China on the Administration of Urban Real Estate, real estate transfer refers to the act of transferring real estate to others by the owner of real estate through sale, gift or other legal means.

Article 38 The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

No, both parties must agree and sign before the transfer can be carried out, otherwise it will not be sold! If one party can sell it, then what's the point of writing two people's names! Good luck.

This is not allowed, which means that the names of two people are on the title deed. So if you want to sell the house, you have to have both people agree, you have to have two people. Unilateral decisions taken on the basis of mutual consultation are not acceptable and useless.

If the names of two people are written, it must not be possible to sell the house if one party agrees, and it must go through an idea of two people.

Hello No, no. Community property can only be transferred with the consent of both parties.

If the pre-marital property is owned by an individual, it can be disposed of by one party. If the property is jointly owned by the husband and wife, it is necessary for both parties to agree to it.

Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of Article 1,000 and 62 and Article 1,000 of this Law shall apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

If only one of the spouses is registered in the name of the spouse on the title deed, and if the house is pre-marital property and belongs to an individual, then it can be bought and sold by one party. However, if it is a joint property of the husband and wife, the consent of both parties is required before the sale can be carried out.

Civil Code of the People's Republic of China

Article 209.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law;

Without registration, it will not take effect, except as otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Civil Code of the People's Republic of China

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.

Civil Code of the People's Republic of China

Article 214.

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

If the pre-marital property is owned by an individual, it can be disposed of by one party. In the case of joint property, the consent of both parties is required.

Community property, although the certificate of ownership of the house is registered as a separate ownership of the house, if the house was purchased during the existence of the marital relationship, it is considered the joint property of the husband and wife. Even if the title deed does not have the other party's name on it, and the buyer only signs a contract with one of them in this case, then the contract of sale and purchase signed by you is not valid if the other person expresses their unwillingness to sell the property.

Legal basis. Article 209 of the Civil Code of the People's Republic of China 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 214 of the Civil Code of the People's Republic of China [Effective Time of Changes in Immovable Property Rights] Where the establishment, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.