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OK. If it is a rural house, it is necessary to obtain the land use right first, that is, the approved land use certificate.
Only then can a house be built. After the construction is completed, you need to apply for the house ownership certificate, and you must go with your brother to apply for the house co-ownership property certificate. What is written on the title deed is the joint property of the two brothers.
There are two types of co-ownership, one is co-ownership and the other is co-ownership.
If you do not indicate the share on the real estate deed, it is legally jointly owned, each accounting for 50%, and if the share is indicated, it can be according to the share you agreed.
However, I would like to remind you that once the names of the two people are written on the title deed, no matter what your relationship is in the future, the house will be recognized as co-ownership in principle.
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The real estate certificate can not be written on the name of two people at the same time, but it can be divided into two certificates, you have to write the names of two people on the purchase contract, and the settlement invoice must also write the names of two people, to the real estate office to handle the property right certificate to you two property certificates, one is large, one is small, but at the same time has legal effect, belongs to the common property.
It also depends on how much you give out of each person. Because in the case of legal division, it is generally calculated according to the half of each.
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Yes, then it will be your and your brother's joint property.
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Legal analysis: To apply for a real estate certificate, if two people jointly share the property, when applying for the real estate certificate, two people must go together.
Because the co-ownership certificate is processed, it is necessary for the co-owners (two people) to bring their ID cards together and sign it, and one person cannot handle it.
If one of the co-owners can't go, you need to write a power of attorney for real estate, and you also need to go to the notarization, and hand over the original ID card to the designated client for processing, which is also okay.
Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.
In any of the following circumstances, the parties may apply unilaterally:
1) The immovable property that has not yet been registered is applied for registration for the first time;
2) Inheritance or acceptance of bequests to acquire immovable property rights;
3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;
4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;
5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;
6) Applying for correction of registration or objection to registration;
7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
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Summary. Hello dear, give the following reply based on the problem you described; If you want to have two people's names written on the title deed, two people must be present. If the husband and wife have the same name, they do not need to go together to get the real estate certificate; It is also acceptable for one spouse to bring all the required documents. <>
Two people's names are required to apply for the real estate certificate, and can one person handle it?
Hello, dear and dear, the root or gesture gives the following reply according to the problem you described; If you want to have two people's names written on the title deed, two people must be present. If the husband and wife have the same name, they do not need to go together to get the real estate certificate; It is also acceptable for one spouse to bring all the required documents. <>
My wife went to handle it alone, is it okay to bring my ID card?
Dear, hello, yes, one of the husband and wife can handle the real estate certificate, but the other party needs to go to the housing registration department to sign the power of attorney. <>
Hello, dear, legal analysis: The real estate certificate can be handled by one of the husband and wife, because the real estate certificate does not require the husband and wife to be present at the same time. If the husband and wife need to write the names of two people when applying for the real estate certificate, and the other party is not local or is not present for other reasons, the party who handles it needs to bring the identity of the husband and wife, the marriage certificate, the maintenance receipt, and the purchase contract can apply for the real estate certificate.
Hello, dear dear, legal basis: "The People's Republic of China and the Civil Code of the People's Republic of China" Article 209 The creation, alteration, transfer and extinction of real estate rights shall be registered in accordance with law and shall become effective after registration, except as otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law can be changed to not registered.
Because I'm abroad, it's inconvenient to go back, so I have to apply for a power of attorney.
If the husband and wife need to write the names of two people when handling the real estate certificate, and the other party is not local or is not on the scene due to other circumstances, the party needs to carry the identity of the husband and wife, the marriage certificate, the key Qi Xiu** receipt, and the purchase contract can apply for the real estate certificate. <>
ok thanks. Hello, dear, the evaluation is in the order management office. Thank you, dear ones, and wish you all the best in the new year. <>
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The real estate deed does not have to have the names of both husband and wife. If the house is purchased with the personal property of one party, it shall be recognized as its personal property, and if the property is purchased with joint property, it shall be recognized as joint property. However, if there is another agreement between husband and wife, it is to be enforced in accordance with the agreement.
[Legal basis].
Article 1065 of the Civil Code of the People's Republic of China.
The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
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The real estate certificate can write the names of two people, generally requires the real estate certificate to write the names of two people, one is that a husband and wife buy a house together, and the other is to add the name of another spouse on the real estate certificate, mainly these two situations, and according to the new "Marriage Law", all the property of one of the husband and wife before marriage is not converted into joint property of the husband and wife due to the continuation of the marriage relationship, unless otherwise agreed by the parties.
[Legal basis].
Article 62 of the City Oak Xun Real Estate Management Law When real estate is mortgaged, it shall be registered with the department specified by the local people at or above the county level. If the land use right and house ownership of Xianlu are obtained as a result of the mortgage of the real estate assigned by the Liang faction, the transfer registration shall be handled in accordance with the provisions of this chapter.
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The real estate deed of buying a house can have two people's names written on it. If it is a husband and wife, two people need to hold their respective ID cards, household registration book, marriage certificate, the premise of household registration in different places, local tax or social security certificates, and proof of housing situation in the place of household registration. If it is not a husband and wife, the two hold their respective ID cards, household registration books, marital status certificates (now the single certificate has been cancelled), the premise of household registration in different places, the two need to pay taxes or social security certificates in their respective places, and the housing situation certificate of the place where the household registration is located, and sign the house purchase contract in the name of the two people at the sales place together, and the real estate certificate in the future is the name of the two people.
Some places stipulate that if two people are not in a husband and wife relationship to buy a house, they need to go to the local notary office first, notarize the housing property rights agreement, and clarify what their respective equity shares are in the house, and only with the notarial certificate can they sign the house purchase contract in the name of the two people. In either case, the local rules of the buyer shall prevail.
Article 297 of the Civil Code.
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 have ownership of the immovable or movable property in common according to their share.
Article 299.
Co-owners have joint ownership of the immovable or movable property they have in common.
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The title deed of the house can be registered in the names of two people. If both parties jointly sign the purchase contract, the names of two people can be registered on the property right certificate, and only one person's name can be written in the property owner column, and the number of co-owners in the column is not limited, and the house can be recognized as jointly owned by both parties.
Legal basis: Lift of limbs].
Article 297 of the Civil Code.
Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.
Article 301.
The disposition of the jointly owned immovable or movable property and the major repair of the jointly owned immovable or movable property, or the change of nature or use, 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.
Yes, there can only be one person's name in the property owner column on the property ownership certificate, but there is no limit to the number of people in the property owner column. The names of the people on the title deed have nothing to do with the loan.
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