Can a husband and wife sell a divorced house to their children?

Hello, if there is only one child's name on the house book, and the child is an adult and has full civil capacity, it is possible.

First of all, China adopts the formulaism of real estate, the establishment, change, transfer, and elimination of real estate property rights take effect after registration, therefore, the house is transferred to the child, and the child has ownership of the property.

Secondly, if there is more than one child's name on the immovable property register, the child has no right to sell it privately. There are multiple names in the immovable property register, and if there is no agreed share, it is joint ownership, and if there is an agreed share, it is joint ownership, and no one person can dispose of the property, whether it is joint ownership or joint ownership.

Finally, the child must be eligible to buy and sell real estate privately and must have full civil capacity. In accordance with the provisions of the Civil Code, adults are persons with full capacity for civil conduct and can independently carry out civil juristic acts, and minors over the age of 16 who live mainly on their own labor income are regarded as persons with full capacity for civil conduct.

Therefore, if the child is over 16 years old and lives on his or her own earnings**, or if he is over 18 years old and only the child's name is on the real estate register, he or she can sell the property privately.

[Relevant Laws].

Article 17 of the Civil Code A natural person over the age of 18 is an adult. Natural persons under the age of 18 are minors.

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.

Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.

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

Article 297:Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.

Article 298:Co-owners by share enjoy ownership of the immovable or movable property in common according to their share.

Article 299:The co-owners jointly enjoy ownership of the immovable or movable property jointly owned.

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.

If the husband and wife are divorced, the house is transferred to the children, and the children are still very young and cannot be sold. Because the child is small, others cannot replace him, since the house belongs to the child, it must be dealt with when the child grows up.

After the transfer of ownership of the house to the child, if the child has reached the age of 18, the child can sell the house himself. In order to prevent selling, both husband and wife can add their names on the real estate certificate, but the share is the lowest. Or the real estate certificate is mortgaged.

The husband and wife divorced, the house was transferred, and the child was given, the house cannot be sold, and the house can only be bought and sold until the child reaches the age of 18. So before the child reaches adulthood, no one can sell this house.

After the divorce, if the house is transferred to the child, then the owner of the house is the child, and if the child is an adult and has civil capacity, then he can sell the house.

After the divorce, the husband and wife transfer the house to the child, and the child is now the owner of the house, and when the child is an adult and has civil capacity, then he can sell the house.

Since the transfer is to the child, then it is the child's own, and the child can sell it if he wants. There is no way for parents to interfere because it has already been given to the child.

Can a husband and wife sell a divorced house to their children? If the couple divorces and the house is transferred to the child, if the child is married or an adult, he has the right to sell it.

Because if the house is transferred to the child in the future, can the child sell it? That's definitely okay, if you don't give it to the child, it's for the child's child, if he has a circle to freeze, if that's still going to be an adult, it's okay later.

If you have already transferred the house to the child, it belongs to the child, and of course he has the right to sell the house.

Divorce of husband and wife, transfer of house, to children, can children be sold? Now that the house has been given to the child, I think he can sell it if he wants to.

Divorce of husband and wife, transfer of house, to children, can children be sold? If it has been transferred to the child's name, the child has the right to dispose of it.

Can a husband and wife divorce and transfer the house to the children? I don't think it should be able to be sold, because this house belongs to his child, and his own house should not be sold.

Keep your emotions stable and face them calmly. This is not to say that the husband and other women are found.

Ignore when you're ambiguous.

Husband and wife divorce and transfer of house to children. Can a child be betrayed? This netizen. The child has the right to sell. Because the child has the right to the property.

If the child has reached the age of majority, he or she has the right to dispose of property in his or her own name. If the child is a minor, he or she has no rights.

Yes, if the property is transferred to the children, the house has become owned by the children and has the right to sell.

If the child is an adult, of course it can be sold.

Whether a child can be sold depends on the age of the child, and if the child is an adult, the child has every right to decide what to do with his or her own property. However, if the child is not yet an adult, the civil legal acts he can carry out are limited, such as the sale and purchase of houses, etc., and the treatment of the child cannot be effective. In this case, it should be handled by his guardian.

However, according to the law, the guardians of minors performing guardianship duties, and when making decisions related to the interests of the ward, they shall respect the true wishes of the wards based on the ward's age and intellectual status. Guardians must not do anything that is detrimental to the child. Therefore, the guardian handling the sale and purchase of the house on behalf of the child is not necessarily valid, and the proof requirements are high.

It is recommended that you check with your local property management department to find out the specific local policy requirements.

[Legal basis].

Article 26 of the Civil Code Parents have the obligation to raise, educate and protect their minor children.

Adult children have an obligation to their parents to support, support and protect them.

Article 27: Parents are the guardians of minor children.

Article 34: The duties of guardians are to carry out civil juristic acts and protect the personal rights, property rights, and other lawful rights and interests of the wards.

The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

Article 35: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.

When performing guardianship duties, the guardians of minors shall respect the true wishes of the wards based on the ward's age and mental status when making decisions related to the ward's interests.

Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.

Surely, as long as he is over 18 years old, he has the right to buy and sell this house.

Both parties and the children bear the transfer tax of about 8% of the declared tax price of the property (seller: personal income tax 1% (exempt for real estate certificate more than 5 years), VAT real estate certificate for more than 2 years), buyer: deed tax, other transfer taxes and fees are about hundreds, and the above tax points are calculated according to ordinary residences of less than 144 square meters).

The tax return price is yours to set. The Housing Authority's computer system has a minimum assessment for each local area. If the declared value is higher than the appraised value, the tax will be calculated according to your value.

If it is lower, it will be calculated according to the appraised value of the system. The most knowledgeable about this appraisal price is the local real estate agent in the same area, because they often go to the transfer and know how much they can pass through the lowest report, so it is recommended that you go to the agent to find out.

When you reach the age of eighteen, you can buy and sell real estate, because the house ticket is in the child's name.

Hello, it depends on the situation, and the age of the child is also an influencing factor. Husband and wife have equal rights to dispose of joint property. If there is no other agreement, if the husband and wife jointly fund the purchase of a house after marriage, regardless of which name of one or both parties is registered in the property right, the house is generally recognized as the joint property of the husband and wife, and in principle, it is divided equally in the event of divorce.

If a man and a woman buy a house with joint property after marriage, and the house is written in the name of the minor child, it is generally regarded as a gift to the minor child, and after the divorce, the party who directly raises the minor child will temporarily manage it. Of course, there are a small number of cases where the house will be divided, and you can consult a lawyer for details. When the husband and wife divorce, they can agree in the divorce agreement to transfer the house to the children, the agreement is reached by both parties, the law does not prohibit it, and both parties can actively perform the content of the agreement.

When the couple decides to donate the joint property to the child, if the child is an adult, they can go to the housing registration department to change the registration, and if the child is not a minor, they must have the identity certificate of the guardian and the proof of guardianship.

[Relevant Laws].Article 1062 of the Civil Code The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property is the personal property of one of the spouses:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

The transfer to the child is the child, and he must have the right to control the transfer of the house after adulthood, divorce thinking that giving the house to the child is compensation, the child will be physically and mentally harmed, as far as possible do not divorce,

If the name is the child's house, the property belongs to the child, and it is okay to sell the house, but it can only be sold when the child is an adult.

Hello. Consider your problem. As it stands. Although the house is in the name of the child. But since the child is underage. And the house is also a guarantee in his growth process. Therefore, it is not allowed to sell.

As long as you transfer the house to the child, and the child gets the photo printing procedures, he can sell it, and the house is transferred to the child, and the child belongs to the ownership of the child, and he can sell the house.

If the husband and wife divorce after the transfer of the house, the child cannot be sold, unless the child has the right to sell freely, and no one else has this right.

It can be sold, but when buying a house, the husband and wife also have to negotiate, unilaterally they can't make the decision, and the child can be sold when he is 18 years old, but the whereabouts of the money are used by the husband and wife for private use.

If the name on the title deed is the child, the child has the right to buy and sell the house, but it should be noted that the child must be 18 years old before the purchase and sale can be completed, otherwise there must be a guardian and a guarantor.

If the child is an adult, he has the right to marry his own things, so the child can sell the property in his own name.

If the child is over 18 years old, it can be sold, but if it is too young to buy, this is the situation.

As long as the child is of legal age, and then the formalities are complete, and the policy that can be bought and sold is met.

As long as it complies with the house sales policy and all kinds of procedures are completed when buying a house, the child can be sold.

As long as the real estate certificate of the house and other things are complete, the child's age meets the ** conditions.

As long as it complies with the housing sales policy, it can be externalized.

As long as the child you say is 18 years old, you can sell it.