What should I do if one of the spouses is unable to attend the transfer of ownership?

If one of the spouses is unable to show up for the transfer of ownership, a power of attorney must be written.

Then go to the impartial bureau for notarization.

According to the "Notice on the Deed Tax Policy on the Change of Housing and Land Ownership between Husband and Wife", during the existence of the marital relationship, if the ownership of the house or land was originally owned by one of the husband and wife and is changed to the joint ownership of the husband and wife or the other party, or the ownership of the house or land was originally owned by the husband and wife and is changed to one of the parties, or the ownership of the house or land was originally owned by the husband and wife, and the two parties agree to change the common share, the deed tax shall be exempted.

In principle, it is required to be present at the same time when going through the transfer procedures, because according to the provisions of the Property Law, whether the property purchased jointly by the husband and wife is jointly owned or jointly owned by shares, needs to be reflected in the sales contract, and then stated on the real estate certificate, so both parties need to be present to sign and confirm. However, if you are unable to be present, you must also go through the procedures for notarization and collection of entrustment, and explain the relevant matters clearly. When going through the real estate transfer procedures, you need the house ownership certificate, the identity document of the house owner, the house sale contract, and the deed tax payment certificate.

You can go to the housing authority where the house is located to complete the transfer procedures.

The head of the household can just arrive, and if you are afraid of not having insurance, bring the ID cards of both parties.

Right.. When the head of the household arrives, it will be easy to do.

For the transfer of ownership of a house owned by a husband and wife, it is necessary for the husband and wife to hold their ID cards, household registration booklets, marriage certificates, real estate certificates, deed tax certificates, land certificates of the nature of transfer, and repay the loans, and apply to the housing management department of the house together with the buyer to go through the transfer procedures.

If one party is unable to be present, the parties need to apply for a power of attorney, appoint a ** person to sign the transfer, and need to hand over the power of attorney, ID card, household registration booklet, marital status certificate, and real estate certificate to the designated ** person.

If one party does not have a property jointly owned by the husband and wife, you can go to the notary office to open a notarized power of attorney and entrust the other party to sign it on your behalf, and the notary office has the corresponding version of the power of attorney format, bring your ID card and provide the address and real estate certificate number of the property to be processed, as well as the notary fee.

Legal Analysis: Theoretically, you need to be present to trade. If one of the parties is really unable to be present, then the couple can be asked to go through a notarization of a simple authorization for the closure of the property, authorizing the party who can be present to exercise the rights on their behalf, so that one of them can come forward to complete the real estate transaction procedures.

The two parties can negotiate notarization, and the parties to the notarization must submit the application materials to the notary office, and after the notary office reviews and approves it, the notarial certificate will be issued within 15 working days from the date of acceptance. The legal effect of notarized is higher than that of notarized.

Legal basis: Article 69 of the Civil Procedure Law of the People's Republic of China: The people's courts shall be the basis for determining the facts of legal facts and documents that have been notarized and proved through legal procedures, except where there is evidence to the contrary sufficient to overturn the notarized evidence.

Article 25 of the Law of the People's Republic of China on the Notary of the People's Republic of China A natural person, legal person or other organization may apply for notarization to the notary public at the place of residence, habitual residence, place of conduct or place where the facts occurred. An application for notarization involving immovable property shall be submitted to the notary public at the place where the immovable property is located; The provisions of the preceding paragraph may apply to applications for notarization of entrustment, declarations, gifts, and wills involving immovable property.

Legal Analysis: Yes. When handling the transfer of second-hand housing, one of the husband and wife cannot be present to sign, and a power of attorney for notarization is required.

Therefore, one party can not be present, and the other party can sign the house sale contract alone and go through the formalities such as online signing and filing. In general, this does not affect the nature of the property as community property.

Legal basis: Article 163 of the Civil Code of the People's Republic of China **includes entrustment** and statutory**. The entrusting person shall exercise the right to exercise the right in accordance with the entrustment of the person being entrusted. The legal person shall exercise the right in accordance with the provisions of the law.

Legal analysis: When handling the transfer of ownership, if one of the husband and wife cannot be present, they must first write a power of attorney and then go to the notary office for notarization.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Summary. Hello, when handling the transfer of ownership, if one of the husband and wife cannot be present, you must first write a power of attorney and then go to the justice bureau for notarization.

What should I do if one of the spouses is unable to attend the transfer of ownership?

Hello, when handling the transfer of ownership, if one of the husband and wife cannot be present, you must first write a power of attorney and then go to the justice bureau for notarization.

Wait a minute, I'll check the information for you.

How to write the content of the power of attorney?

Do both the client and the client also have to go to the notary office?

You need to go to the impartial bureau for notarization, you need to fill out the "Notarization Application Form", you need to bring your ID card, the original household registration book, and then wait for the notarization result.

Excuse me: Can the client go to the notary office for notarization?

Got it. Thank you.

You're welcome and have a great day!

When handling the transfer of ownership, if one of the spouses is unable to be present, a power of attorney must be written before going to the justice bureau for notarization.

According to the "Notice on the Deed Tax Policy on the Change of Housing and Land Ownership between Husband and Wife", during the existence of the marital relationship, if the ownership of the house or land was originally owned by one of the husband and wife and is changed to the joint ownership of the husband and wife or the other party, or the ownership of the house or land was originally owned by the husband and wife and is changed to one of the parties, or the ownership of the house or land was originally owned by the husband and wife, and the two parties agree to change the common share, the deed tax shall be exempted.