Can I transfer ownership of a co ownership house, and can I transfer ownership of a house purchased

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.

Transfer of ownership of the co-ownership property to one party.

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.

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".

The co-ownership house can be transferred, and all the co-owners and children can apply for the transfer together. The transfer of a co-ownership house can be made by way of sale or gift, but the transfer of a co-ownership house requires the housing loan to be paid off, without a mortgage, with a real estate certificate, a deed tax certificate, a land certificate, and a real estate certificate registrant and co-owner.

Procedures for the transfer of ownership of a co-ownership property.

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 "Fanglu Family 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".

What to look for when buying a condominium.

1. It will take five years to trade again.

If the house has been purchased for less than 5 years, the share of the house cannot be transferred according to the relevant national regulations. If you want to buy a condominium, you should also be aware of this rule. Buyers must be aware of this time boundary.

The object of the transfer must be other early regret families who meet the conditions for the purchase of the co-ownership house, and the proportion of the property share of the transferee is unchanged.

2. Complex transfer process.

Due to the particularity of co-ownership housing, the transfer of property rights of co-ownership housing is relatively more complicated than that of ordinary commercial housing. This requires each co-owner to sign all relevant sales documents, as the title to the property is not exclusive to one person.

If the buyer needs to take out a bank loan to purchase the co-ownership property, this will require all the co-owners to sign the relevant documents in front of the bank staff.

3. Whether the unit is infringing.

The houses of general units include staff housing at cost price and staff housing at standard price, both of which are allocated in nature and should be paid for land use fees when transferred. In addition, for the standard price of the general unit of housing enjoy part of the property rights, the employee has the right of first refusal when the transfer. If the buyer does not pay attention to these things, it may infringe on the legitimate rights and interests of the unit together with the homeowner.

4. Whether the property management fees are in arrears.

Some homeowners have been in arrears for a long time in the property management fees, electricity bills and gas (natural gas, heating, and gas) fees when transferring the house, and have already owed a large amount of expenses, and the buyer has purchased the house without knowing it, and the buyer may have to bear all the costs.

When buying a co-ownership house, it is more complicated than the transfer of ownership by a single owner, and each co-owner needs to sign all the documents related to the sale of the house, and if the buyer applies for a loan, all the co-owners need to sign the sale documents in front of the bank staff. When the real estate transaction department goes through the transfer procedures, the co-owners of the real estate shall cooperate with the buyer to go through the transfer procedures. If you are unable to attend the event due to special reasons, you should provide a power of attorney for the official demolition of the bucket code certificate and authorize others to handle it on your behalf.

The specific procedures mainly include: first, the buyer and the seller hold the sale and purchase agreement, ID card, household registration book, and the original house ownership certificate to the real estate transaction management department to go through the procedures for the transfer of housing property rights and declare the transaction**; Second, the real estate transaction management department requires the real estate of the transaction to be evaluated according to the need; the third is to pay the deed tax to the financial department, declare and pay individual income tax to the local tax bureau, and then pay the transaction fees and fees to the real estate transaction management department; Finally, wait for the title deed to be collected.

Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property 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.

Deed tax is a tax levied on the bearers of the land and the ownership of the house when it is in a state of flux. The current Provisional Regulations of the People's Republic of China on Deed Tax will come into force on 1 October 1997. Enterprises and individuals that have acquired land and house ownership in China shall pay deed tax in accordance with the law.

1. According to the provisions of the "Housing Registration Measures": Article 4 Housing registration shall be handled by the housing registration agency where the house is located. Article 13 The co-owners of a co-owned house shall jointly apply for registration.

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. Article 33 To apply for registration of the transfer of ownership of a house, the following materials shall be submitted: (1) an application for registration; (2) Proof of the applicant's identity; (3) Certificate of ownership of the house or certificate of real estate rights; (4) Materials proving that the ownership of the house has been transferred; (5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house. 2. In accordance with Article 7 of the "Provisions on the Administration of Urban Real Estate Transfer", the transfer of real estate shall be handled in accordance with the following procedures: (1) the parties to the transfer of real estate sign a written transfer contract; (2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**; (C) the real estate management department to provide the relevant documents for review, and within 7 days to make a written reply on whether to accept the application, within 7 days without a written reply, deemed to agree to accept; (4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed; (5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations; (6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Housing transfer requires the property rights of the house, the property ownership certificate, the deed tax certificate, and the land certificate. The registrant of the real estate certificate, the co-owner and the buyer shall apply for the transfer of ownership to the housing management department of the house together with the ID card, household registration book, marital certificate, the above three housing certificates, and the sales contract. The "Housing Registration Measures" stipulates:

Article 13 The co-owners of a co-owned house shall jointly apply for registration. 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 made due to the nature of the co-ownership or the change in the share of the co-owners, the co-owners shall jointly apply for it. Article 32 In the event of any of the following circumstances, the parties concerned shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur:

a) Buying and selling; b) interchangeable;

3) gifts; 4) Inheritance and bequest;

5) The division or merger of houses leads to the transfer of ownership;

6) Investing in shares with housing contributions;

7) The division or merger of legal persons or other organizations leads to the transfer of ownership of houses;

8) Other circumstances provided for by laws and regulations. Article 33 The following materials shall be submitted to apply for registration of the transfer of ownership of a house:

1) Application for registration;

(2) Proof of the applicant's identity;

(3) Certificate of ownership of the house or certificate of real estate rights;

(4) Materials proving that the ownership of the house has been transferred;

(5) Other necessary materials. Paragraph 1 of the preceding paragraph.

4) The materials may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, effective legal documents of the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law. Chun's.

Article 61 of the Law on the Administration of Urban Real Estate.

When real estate is transferred or changed, it shall apply to the real estate management department of the local people's ** at or above the county level for the registration of real estate change, and apply to the people's ** land management department at the same level for the registration of change of land use right 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.