Do I need both husband and wife to be present to apply for a real estate certificate?

It is not necessary for both parties to be present at the same time. Real estate ownership certificate process 1Advance Registration:

The owner can unilaterally apply to the real estate transaction registration agency with the housing sales contract, payment voucher, identity certificate and other materials, and receive the commercial housing advance registration certificate in the corresponding city. 2.Ownership Registration:

Materials to be submitted: application for real estate registration, application for registration of other rights in real estate (mortgaged), report on the results of surveying and mapping of housing area, ** document on land use, housing construction application documents, pre-sale permit (belonging to commercial housing projects) (submit copies), detailed list of real estate units, identity certificate, certificate of house number of the public security department, real estate certificate of the original house before demolition (for cooperative development or self-development of self-owned real estate), certificate of handover of housing ( The terms of the land transfer contract stipulate that the demolition of the relevant houses and directly managed houses shall be handed over), the mortgage registration certificate of the construction in progress (the mortgage of the construction in progress has been set), and the report of the bank and the developer to determine the mortgage situation (the measured area and house number do not match the area recorded in the mortgage registration certificate). 3.Obtain the certificate.

No, you don't. There is no provision that a married person must be present at the same time in the process of applying for a real estate certificate, and can be handled by one person, without the presence of the other half. If the names of two people are to be written on the real estate certificate, then you need to bring the identity of both husband and wife, marriage certificate, maintenance receipt, and purchase contract.

According to Article 17 of the Property Law of the People's Republic of China, the certificate of ownership of immovable property is the proof that the right holder enjoys the real estate right. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

To put it simply, whoever is registered in the property has a real right to the property. According to Article 37 of the Property Law of the People's Republic of China, the owner shall have the right to occupy, use, benefit and dispose of his immovable or movable property in accordance with the law.

It can be seen from this legal provision that one of the spouses, as the owner of the house, has the right to dispose of it in accordance with the law.

According to Article 11 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application:

Where one party buys a house jointly owned by the husband and wife without the consent of the other party, and the third party purchases it in good faith, pays a reasonable consideration and goes through the property rights registration formalities, and the other party claims to recover the house, the people's court will not support it.

Where one of the husband and wife disposes of the jointly owned house without authorization, causing losses to the other party, and the other party requests compensation for the losses at the time of divorce, the people's court shall support it.

Extended Materials. Article 19 Where the right holder or interested party believes that the matters recorded in the immovable property register are wrong, they may apply for correction of the registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction.

If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection.

If the registration authority registers the objection, the applicant does not file a lawsuit within 15 days from the date of registration of the objection, and the objection registration becomes invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.

Article 20 Where a party signs an agreement on the sale and purchase of a house or other immovable property right, in order to ensure the realization of the real right in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.

After the advance notice is registered, if the creditor's rights are extinguished or the application for registration is not made within three months from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

Article 21: Where parties provide false materials to apply for registration, causing harm to others, they shall be liable for compensation.

If damage is caused to others due to registration errors, the registration authority shall be liable for compensation. After the registration authority has made compensation, it may recover from the person who caused the registration error.

Article 22 The registration fee for immovable property shall be charged on a case-by-case basis, and shall not be collected in accordance with the area, volume or proportion of the price of the immovable property. The specific charging standards shall be prescribed by the relevant departments in conjunction with the competent authorities.

Legal analysis: One of the spouses may entrust and authorize the other party, and one party may be present to handle it. The immovable property ownership certificate needs to bring the relevant materials to the real estate registration agency for initial registration and application, and the immovable property that belongs to the husband and wife needs to be jointly registered by the right holder.

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

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.

Article 1062 The following property acquired by husband and wife during the existence of their 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.

Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 12 A party may entrust another person to apply for registration of immovable property on its behalf.

In the case of an application for immovable property registration, the person shall provide the immovable property registration agency with a power of attorney signed or sealed by the person.

It is not necessary for both husband and wife to apply for a real estate title certificate. There is no requirement that a married person must be present at the same time in the process of applying for a title deed. However, proof of identity of both parties, etc., must be provided.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

The signing of the real estate sales contract requires the presence of both husband and wife, and when applying for a mortgage and going through the transfer procedures, both parties need to be present in person. When applying for a mortgage, sometimes the application will be made in the name of the husband and wife, so the bank needs to check the qualifications of both of them at the same time, and the relevant procedures must be signed at the same time. Therefore, under normal circumstances, when the co-call Duan Tong buys a house, the names of the two people should be stated on the real estate certificate, and both parties should be present in person; If one party is unable to attend the formalities, it must go through the formalities of notarization and authorization.

Legal basisArticle 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage 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.

In the case of a joint real estate certificate, both husband and wife are required to be present, and if the property is owned by one of the husband and wife, both parties do not need to be present, and according to the law, if the application for real estate registration due to sale, mortgage, etc., the application shall be made jointly by both parties.