One party wants to sell the co ownership house and the other party does not agree on what to do with

Excerpted from Property Law, the following is for reference.

1. If the co-owners have not agreed on the immovable or movable property jointly owned by shares or jointly owned by shares, or the agreement is not clear, it shall be deemed to be jointly owned by shares unless the co-owners have a family relationship.

2. If there is no agreement or the agreement is not clear, the share enjoyed by the co-owners of the common immovable or movable property shall be determined according to the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amounts.

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

4. If the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have serious reasons to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where damage is caused to other co-owners as a result of the division, compensation shall be given.

5. The co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished by the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided.

6. Co-owners by share may transfer their share of the immovable or movable property in common. The other co-owners have the right of first refusal under the same conditions.

If one party wants to sell the house and the other party does not agree, it cannot be sold, and the other party can dispose of it after reaching an agreement through negotiation. During the existence of the co-ownership relationship, the act of disposing of the common property by some co-owners, whether in whole or in part, is not entitled to dispose of it, and if the disposer cannot prove that the other co-owners agree to the disposition, the other co-owners cannot be required to accept the disposition.

Where some co-owners dispose of the co-owned house without authorization, it shall generally be found to be invalid. However, if the third party obtains the ownership of the house in good faith and for compensation, the legitimate rights and interests of the third party shall be safeguarded. If any loss is caused to the other co-owners, the person who disposes of the co-owned house without authorization shall compensate for it.

The co-owner does not agree to the sale of the house, and the act of disposition is invalid. The sale and purchase of a co-owned property requires the consent of all the co-owners, otherwise the house cannot be sold. Co-owners have joint ownership of the immovable or movable property they have in common.

The disposition of jointly owned immovable or movable property and the major repair of jointly owned immovable or movable property shall be subject to the consent of the co-owners or all co-owners who account for more than two-thirds of the shares, unless otherwise agreed between the co-owners.

The relevant laws provide that if the immovable or movable property is transferred to the transferee without the right of disposition, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

1. The transferee is bona fide when he transfers the immovable or movable property;

2. Reasonable transfer;

3. The transferred immovable or movable property that shall be registered in accordance with the law has been registered, and the transfer that does not need to be registered has been delivered to the transferee.

Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.

Legal basis

Civil Code of the People's Republic of China

3. Where the disposition, major repair, or change of nature or use of a common property is disposed of, or a major repair or change in the nature or use of a common property or movable property, the consent of the co-owners or all the co-owners shall be obtained by the co-owners or all the co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.

Legal analysis: The consent of all co-owners is required to dispose of a co-ownership house, and if one party wants to sell the co-ownership house and the other party does not agree, it cannot be bought or sold. Co-ownership of a house, which belongs to the family.

If you want to dispose of the house, you need the consent of all the co-owners, and you need to sign a house sale contract and go through the house transfer procedures.

Legal basis: Article 301 of the Civil Code of the People's Republic of China on the disposition, major repair, and change of nature or use of common property, and major repairs, changes in the nature or use of common immovable or movable property, shall be subject to the consent of more than two-thirds of the co-owners or all co-owners, unless otherwise agreed between the co-owners.

Legal Analysis: A co-owned property can only be sold if the consent of all co-owners is required, and if one party wants to sell the co-ownership property and the other party does not agree, it cannot be bought or sold. During the existence of the co-ownership relationship, if some of the co-owners dispose of the common property without authorization, whether in whole or in part, they have no right to dispose of it, and if the disposer cannot prove that the other co-owners agree to the disposition, the other co-owners cannot be required to accept the disposition.

Legal basis: Article 67 of the Civil Code Where a legal person is merged, its rights and obligations shall be enjoyed and borne by the merged legal person. Where a legal person is divided, its rights and obligations shall be jointly and severally obligated by the legal person after the division, and joint and several debts shall be borne by the legal person, unless otherwise agreed upon by the creditor and the debtor.