Do I need a marriage certificate when applying for a real estate certificate?

Yes. The main purpose of obtaining a marriage certificate is to prove the marital status of the parties, and if they are not married, they must show a single certificate. The name on the marriage certificate and the title deed are two different things.

The real estate certificate can only write the name left on the contract when the party buys the house, and if it needs to be added, it must be followed by the transfer procedure.

Article 17 of the Measures for Housing Registration.

If the housing ownership certificate or registration certificate is damaged, the right holder may apply to the housing registration agency for replacement. Before the housing registration agency renewes it, it shall take back the original housing ownership certificate and registration certificate, and record the relevant matters in the housing registration book.

Need. The information required for the real estate certificate is:

1) The original contract for the purchase and sale of the house and the original supplementary contract.

2) The original uniform invoice for the sale of commercial housing.

3) The original field surveying and mapping questionnaire and the floor plan of the strata sub-household of the house.

4) Tax payment certificate (deed tax payment certificate).

If the buyer is married, the information that needs to be paid is:

1) Copies of ID cards of both parties (in principle, the original needs to be verified).

2) A copy of the marriage certificate (with the original for verification).

3) If either party cannot be present to handle the application, the private seal of the husband and wife shall be provided, and if a third party is entrusted to handle the application, the private seal of both husband and wife shall be provided at the same time.

The buyer is single (must be present in person, not on behalf of the agent), and the information that needs to be paid is:

1) A copy of the ID card (with the original for verification).

2) A copy of the household registration book or household registration certificate (with the original for verification).

3) Single declaration affidavit Buyers should go to the Civil Affairs Bureau to handle it locally.

The main purpose of asking for a marriage certificate is to prove your marital status, and if you are not married, you must show a single certificate. The name on the marriage certificate and the title deed are two different things. The title deed can only state the name that was left on the contract when you bought the house.

Legal Analysis: A marriage certificate is required if you are married. Information to be provided at the time of property transfer:

1.The original ID cards of both husband and wife (original photocopy);

2.The original household registration book of both husband and wife (2 copies, the first page of the household registration, the home page of the household registration, the page of the person, and the page of minor children);

3.Original marriage certificate (original photocopy);

4.The original social security card (original copy) does not need to be provided for deep households.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Measures of the People's Republic of China for the Administration of the Sales of Commodity Housing》 Article 34 Real estate development enterprises shall, within 60 days from the date of delivery of commercial housing, submit the information that needs to be registered for housing ownership to the real estate administrative department where the housing is located. The age of marriage shall not be earlier than 22 years for men and 20 years for women.

Whether a marriage certificate is required for a real estate certificate generally depends on the situation

1. If you are not married, you must show a single certificate. The name on the marriage certificate and the title deed are two different things. The real estate certificate can only write the name left on the contract when the party buys the house, and if it needs to be added, it must be followed by the transfer procedure.

2. If you get married, you must present a marriage certificate.

If the buyer is married, the information that needs to be paid is:

1) Copies of ID cards of both parties (in principle, the original needs to be verified).

2) A copy of the marriage certificate (with the original for verification).

3. If either party cannot be present to handle it, it is necessary to mention the private seal of the state, and if a third party is entrusted to handle it, it is necessary to provide the private seal of both husband and wife at the same time.

The buyer is single (must be present in person, not on behalf of the agent), and the information that needs to be paid is:

1) A copy of the ID card (with the original for verification).

2) A copy of the household registration book or household registration certificate (with the original for verification).

3) Single declaration affidavit Buyers should go to the Civil Affairs Bureau to handle it locally.

Legal basisArticle 209 of the Civil Code of the People's Republic of China.

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, except as otherwise provided by law.

Natural resources that belong to the state according to the law of registration and may not be registered as ownership.

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.

Procedures are required to apply for a real estate certificate:

1. Commercial housing purchase (pre-sale) contract.

2. Deed tax payment certificate.

3. Marriage certificate unmarried: From 2015, it is no longer necessary to provide a single certificate, but the marital status column of the person's household registration book should indicate the word "unmarried". Married:

Marriage certificate of both husband and wife; The word "divorced" should be indicated in the divorce certificate or civil mediation letter of the court, the divorce agreement stamped with the official seal of the Civil Affairs Bureau, and the marital status column of the person's household register. Widowed: The word "widowed" should be indicated in the marital status column of the spouse's death certificate and the person's household register.

A marriage certificate is required to apply for a real estate certificate, mainly because the purpose of the marriage certificate is to prove the marriage of the parties, and if you are not married, you must show a single certificate.

If you are married, you need to provide a marriage certificate to apply for a real estate certificate, because as long as you buy a house after marriage, it belongs to the joint property of the husband and wife.

A marriage certificate is not required to apply for a real estate certificate, and a marriage certificate is only required for divorce or childbirth.

Legal Analysis: Yes. The main purpose of the marriage certificate is to prove the marital status of the parties, and the married buyer must have the marriage certificate of the two people in the real estate certificate, and if they are not married, they must show a single certificate. The name on the marriage certificate and the title deed are two different things.

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

Article 208:The establishment, alteration, transfer, and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

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 301: The disposition of jointly owned immovable or movable property, or the major repair or change of the nature or use of jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.

After the house is in hand, it is necessary to apply for the real estate certificate, which is an important document for the right to use the house. There are a lot of materials required to apply for a real estate certificate, so do you need a marriage certificate? Let's find out together!

1. Do I need a marriage certificate to apply for a real estate certificate?

If you are already married before applying for the real estate certificate, you will need a marriage certificate when applying for the real estate certificate. Because you need to pay a lot of fees for the real estate certificate, if it is the first house, all kinds of taxes and fees will be more favorable, and if it is the second house, the fee standard is different, so the housing management department looks at the marriage certificate, mainly to understand whether the husband and wife have other properties in their names. If you are unmarried, you do not need a marriage certificate, but you do need to issue a certificate of unmarriage.

Second, the process of applying for real estate certificate.

1. Submit an application.

First apply to the housing authority, then fill out the application form, and then ask the developer to sign and seal the application form. Before filling out the application form, you can ask the developer if there is a stamped application form, if there is a direct collection and filling out with the developer, you can save the pain of going back and forth.

2. Surveying and mapping. The surveying and mapping table is one of the necessary materials for applying for the real estate certificate, and it is an important basis for the housing authority to register the standard house area of the real estate certificate. To get the surveying and mapping form, you can go to the developer to get it directly, or go to the housing area measurement station designated by the developer to apply and receive the surveying and mapping form, and you can also apply to the registration department for the surveying and mapping of the housing area.

3. Pay taxes. There are many taxes and fees that need to be paid before applying for a title deed, such as public repairs**, deed tax, stamp duty, notary fees, etc. Public maintenance ** is generally collected by the community office, and some cities have begun to collect public maintenance ** by bank groups, and the specific payment method can be asked by the developer's staff.

4. Obtain the certificate. After the above procedures are completed, you only need to wait to get the real estate certificate, but the notice given by the housing authority cannot be lost, and you must keep it well. The most important thing is to be careful when checking the size of the house, location, and the name of the owner.