Is this housing agreement valid? 100

There are quite a few problems:

1. The ownership of the house is based on registration, that is to say, the owner registered on the house ownership certificate is the legally recognized owner. Therefore, if such an agreement is required, the document number of the certificate of ownership of the house, the original owner and other information should be listed, and a copy of the certificate should be attached to it.

2. There is a logical problem with the first one. It is not clear whether the gift is "a capital contribution of 50,000 yuan", or "full ownership of the house", or a partial property right of the house corresponding to 50,000 yuan. Of course, this is related to the previous question.

3. This seems to be a prenuptial property distribution agreement, not a house gift agreement, which is inappropriate to call it because the issue of child custody is mentioned later. In fact, the problem of the house is easy to deal with, and it is enough to clearly register the owner, so the gift agreement is somewhat nondescript.

4. As a complete agreement, the settlement of disputes shall be regulated. The so-called "divorce due to emotional incompatibility" is very inaccurate, so what if it is not because of emotional incompatibility? How to deal with other problems?

Moreover, it is very unfair to Party A, if it is a disagreement, it will be divorced, and the property will belong to Party B. However, emotional discord lacks a basis for judgment and there is no aspect that can be objectively measured, so Party B can claim divorce on this ground at any time, which is inappropriate.

An agreement signed by the parties under their own true intentions is legally binding. From your question, it can be seen that the signature and fingerprints are completely legal and valid, and whether notarization is not a necessary condition for the agreement to be valid.

As long as the agreement is voluntary and does not violate the law, but the real estate must be registered as a counter-element, so it is necessary to register with the housing authority.

Although it is not professional, the main meaning is there, and it can be used, but there are a few omissions:

1. The man should assist the woman in the transfer procedures and bank-related procedures within 15 days, how to bear the cost? Prevent non-cooperation with the transfer of ownership.

2. Alimony, does the woman not want child support? If you want to, write it clearly.

3. Then make a list of properties and sign by both parties.

Absolutely valid and rest assured as long as both parties are personally signed.

Yes, but you have to go to a notary public to notarize this agreement.

A privately signed real estate agreement only has the effect of creditor's rights, but does not have the effect of changing the real rights of the registered liquid. If there is a change in the state of real estate rights, it must be registered with the relevant authorities. If there is no registration, the ownership of the property does not transfer.

Therefore, even if the parties dispose of a legal and valid real estate and the agreement has legal effect, it is still necessary to register the transfer of the immovable property, otherwise the effect of the agreement is based on the change of ownership of the creditor's rights, rather than the change of property rights.

Legal basis] Article 9 of the Property Law stipulates that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with the law; It shall not be effective unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

The co-ownership agreement is valid. The co-ownership agreement established in accordance with the law is legal and valid, and whether the house is transferred or not does not affect the legal effect of the agreement, but only produces the effect of creditor's rights, and does not have the effect of transferring real rights; If the transfer registration is not completed, the ownership will not be changed. Legal basis:

Article 209 of the Civil Code of the People's Republic of China 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 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties regarding the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Legal Analysis: Co-ownership agreements are valid. If a co-ownership agreement established in accordance with the law is legal and valid, it does not affect the legal effect of the agreement on whether the house is transferred, but it only produces the effect of creditor's rights and does not have the effect of transferring real rights; If the transfer registration is not completed, the ownership will not be changed.

Legal basis: Article 209 of the Civil Code of the People's Republic of China 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, except as otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law may not be recorded as destroyed.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

A privately signed real estate agreement only has the effect of creditor's rights, but does not have the effect of changing the property rights. If there is a change in the real estate right, it must be registered with the relevant department. If there is no registration, the ownership of the property does not transfer.

Therefore, even if the parties dispose of a legal and valid real estate and the agreement has legal effect, it is still necessary to register the transfer of the immovable property, otherwise the effect of the agreement is based on the change of ownership of the creditor's rights, and the failure to roll over is not a change in the real right.

Article 502 of the Civil Code provides that a lawfully established contract code shall be cancelled and shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

Article 502 of the Civil Code of the People's Republic of China provides that a contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Is a co-ownership agreement valid? First of all, it should be made clear that an agreement is also a form of contract, and since it is a contract, it should be said to be valid.

Of course, whether the agreement is a contract or a contract, whether the common will of both parties is described at the time of signing, whether the contract reflects the common will of both parties, whether the contract reflects the equal rights and obligations of both parties, and whether the contract is legal and valid. In other words, whether there are clauses in the contract such as coercion and imposition. If the contract is under the premise of mutual consultation, equality and fairness, and in accordance with the laws and regulations of the country, the agreement between the two parties is valid.

Under normal circumstances, if it is a property right house, the house co-ownership agreement is useless, and only the self-built house is valid, then the house co-ownership agreement other than the homestead foundation certificate is valid.

Effective.

1. This belongs to the husband and wife after purchasing real estate, donating to their children, according to the "Judicial Interpretation of the Supreme People's Court on the Implementation of the General Principles of the Civil Law": a person with no or limited civil capacity accepts a reward, gift or remuneration, and others shall not claim that the above acts are invalid on the grounds that the actor has no or limited civil capacity.

2. Both parties voluntarily waive the right to dispose of the property in the name of the guardian until the child reaches the age of 18 and the child takes over the property right and disposes of it by himself. This article is meaningless, because according to point 1, since the child can accept the gift, once the gift agreement is signed and the ownership is transferred, the ownership of the house belongs to the child, and the parents lose the right to dispose of the house, and either party can defend on this basis, Article 18 of the Civil Law Notice: The guardian shall perform the guardianship duty, protect the ward's person, property and other legitimate rights and interests, and shall not dispose of the ward's property except for the benefit of the ward.

3. You can go to the notary office for notarization after both parties sign.

Whether an agreement has been notarized or not is not a condition for its validity or invalidity, as long as it meets the three requirements prescribed by law. A gift agreement does not need to be notarized to have legal effect. The gift agreement is effective from the date of agreement to the contract.

The revocation of a gift must meet the conditions for revocation of the gift, otherwise it is difficult to revoke it. In the notarized gift contract, if the donor does not deliver the donated property, the donee may request delivery. In other words, after notarization, your gift contract cannot be arbitrarily revoked.