Whether the co owner of the house has not signed the contract for the sale of the house

If the house is owned by more than one person, all the co-owners should be required to be present to sign and agree to the sale. Of course, if the co-owners of the property cannot all be present, it is important to ask the party who is not present to issue a written statement agreeing to sell the property. Article 89 of the Opinions of the Supreme People's Court on Several Issues Concerning the General Principles of the Civil Law provides:

Co-owners have common rights and obligations to the common property. Where, during the existence of a co-ownership relationship, some of the co-owners dispose of the co-ownership property without authorization, it is generally found to be invalid. Paragraph 4 of Article 37 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates:

Jointly owned real estate may not be transferred without the written consent of the other co-owners. ”

2 The bona fide acquisition regime does not apply to immovable property. Since a house is immovable property and the bona fide acquisition regime applies only to movable property, there is no legal or theoretical basis for determining the validity of a contract on the basis of whether a third party is bona fide or not.

3 Immovable property is not subject to the family ** system.

The first paragraph of Article 17 of the Judicial Interpretation of the Supreme People's Court on the Marriage Law (1) stipulates that: "The husband or wife shall have equal rights in the disposition of the joint property of the husband and wife, and either party shall have the right to make a decision on the disposition of the joint property of the husband and wife for the needs of daily life." This is China's provision on the family affairs system, but the provisions limit family affairs to the needs of daily life, involving the husband or wife to sell the house, a major property matter of real estate transactions, does not belong to the "daily life needs", does not apply to family affairs, and needs to be agreed by both parties.

So how can you tell if a third party is bona fide or malicious? There is a question of the allocation of the burden of proof. If the property is registered in the name of one person, the burden of proof is on the co-owners.

If the property is registered in the names of the two people, the burden of proof lies with the buyer, that is, the buyer must have evidence to prove that the husband and wife agree as a condition, such as a power of attorney, provide the original ID card, etc.

There is no need to pay liquidated damages, because the contract itself is invalid. Because your husband didn't agree to the co-owner; It is recommended to do this: don't say that you regret it, if you want to say that your husband does not agree, it is best for your husband to come back and do it, negotiate to return the down payment, if the negotiation fails, don't care about him, the other party can't get the property right certificate, even if the other party sues, there is no problem with the contract being invalid.

The person selling the house must be the owner of the house. If a non-owner sells another person's house, the sale is invalid. If the property rights of the house are shared by several people, the consent of the co-owners must be obtained before it can be sold.

When selling a co-owned property, a certificate of consent of the co-owners is required. If some co-owners sell the co-owned house without the consent of the other co-owners, the sale and purchase shall also be invalid.

A sales contract that has not been signed by some co-owners is valid as long as it meets the requirements for the contract to take effect. In addition, if the buyer meets the conditions of bona fide acquisition, he can take ownership of the subject matter. However, the other co-owners can hold the seller accountable.

Article 301 of the Civil Code of the People's Republic of China The disposition of jointly owned immovable property or movable property and the major repair or change of the nature or use of jointly owned immovable property 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 some of the co-owners in the house sale contract are not signed, if the contract is concluded in accordance with the law, the contract is valid; If the transferee meets the conditions of bona fide acquisition, the transferee obtains the ownership of the house, and the other co-owners cannot recover the house, but may require the disposer to compensate for the loss; If the transferee did not acquire the house in good faith, the other co-owners may recover the house.

[Legal basis].

Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 311.

If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, if the following circumstances are met, the transferee shall obtain the ownership of the immovable or movable property:

1) The transferee is bona fide when he dismantles and transfers the immovable or movable property;

b) transfer in a reasonable manner;

3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transferee shall be delivered to the transferee if it does not need to be registered.

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.

Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

Legal Analysis: The failure of some co-owners to sign the contract is valid. If one of the co-owners privately owns the property with the other party, and the request for confirmation of the invalidity of the contract will generally not be supported, unless it can be proved that there is malicious collusion between the buyer and the seller to damage their interests.

Legal basis: Article 297 of the Civil Code of the People's Republic of China Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership of the Ming Biling includes co-ownership and co-ownership.

Article 298:Co-owners by share shall enjoy ownership of the immovable property jointly owned or the movable property of their relatives in accordance with their share. Article 29 The co-owners shall jointly enjoy the ownership of the jointly owned immovable or movable property.