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Yes, joint property usually requires the presence of both husband and wife. However, if there are real difficulties, you can first notarize the power of attorney and then have the authorized person handle it on your behalf.
Real estate certificate transfer process:
1. Go to the "Registration Information and Verification Agreement" window to go through the formalities of information registration and agreement verification;
2. Go to the "Real Estate Valuation" window to go through the appraisal procedures;
3. Go to the "notarization" window to go through the notarization procedures;
1.The applicant's resident ID card or household registration booklet and its photocopy;
2.If the person applies on behalf of the client, the entrusting person shall submit the power of attorney and ID card and its copy; Other ** persons need to submit proof of ** right qualifications;
3.Certificate of ownership of the inherited property;
4.Death certificate of the decedent;
5.If the legal heir is deceased, the death certificate and kinship certificate must be submitted;
6.Proof of marriage, parents, children and relevant kinship of the decedent;
7.Other certificates and materials that the notary deems necessary to be submitted;
4. Go to the "Private Transaction" window to go through the transaction procedures;
5. Pay stamp duty at the "Deed Tax and Stamp Duty" window;
6. Go to the "Property Rights Registration and Issuance Certificate" window to go through the procedures for changing the name of the "House Ownership Certificate".
Materials required for the transfer of real estate certificate:
1) Application for registration;
2) Proof of identity of the applicant;
3) Certificate of house ownership or real estate right;
4) Documents proving the transfer of ownership of the house;
It can be a sales contract, an exchange contract, a gift contract, a bequest certificate, an inheritance certificate, a division agreement, a merger agreement, a legal document effective by a people's court or arbitration commission, or other materials proving the transfer of ownership of the house.
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Look at the co-ownership status on the title deed. If it is a joint property, it is required, and if you are not present, a power of attorney is required.
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Delivered! If the pre-marital property is less than 8 years old, the full deed tax needs to be paid, and if the marriage has expired for one year, you can apply for reduction and exemption with relevant documents, and the deed tax can generally be reduced by half; 2.If the property is purchased after marriage, because it is a joint property, you only need to pay half of the deed tax with the relevant documents!
Hope it solves your problem.
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1.First of all, a power of attorney can be issued, so that the client has full authority to notarize and change property rights, and can not be present.
2.In this way, it is possible to notarize and provide all formalities such as the contract signed directly by the seller, the marriage certificate, the co-owner's consent certificate, the household registration certificate, etc. 3.The real estate notary fee is generally a little more than 200.
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No, just bring a valid ID.
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If the buyer is a husband and wife, both husband and wife are required. If one of the spouses gives up the real estate or entrustment**, there should be a written agreement (and notarized) or a power of attorney for the entrustment**. It is stipulated in the Measures for Housing Registration that a co-owned house shall be jointly registered by the co-owners.
The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it. When applying for housing registration, the applicant shall use a Chinese name or name. If the original supporting documents submitted by the applicant are in a foreign language, a Chinese translation shall be provided.
If the person is entrusted to apply for housing registration, the person shall submit a power of attorney and proof of identity. If an overseas applicant entrusts a person to apply for housing registration, its power of attorney shall be notarized or authenticated in accordance with the relevant provisions of the state.
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1. Does the husband and wife need to be present for the transfer of real estate?
If the buyer of the second-hand house is a husband and wife, then both husband and wife need to be present when handling the transfer of the property. If one of the spouses gives up the property or needs to entrust **, a written agreement or a power of attorney should be provided. It is stipulated in the Measures for Housing Registration that the co-owners of a property jointly owned by husband and wife shall jointly apply for registration.
2. What are the procedures required for the transfer of real estate?
1. Application form for real estate transfer registration;
2. Applicant's identity certificate;
3. Certificate of real estate rights;
4. Administrative decision, real estate sales contract;
5. If there is a mortgage, a written document with the consent of the mortgagee shall be provided;
6. If it is a compulsory transfer by the people's court, an effective judgment, ruling, mediation document and notice of assistance in enforcement shall be provided;
7. If the real estate of an unincorporated enterprise is transferred, the transfer approval document agreed by the property rights department shall be provided;
8. For land with administrative allocation, approval documents and proof of payment of land price shall be provided;
9. If the real estate is acquired by bidding or auction, the confirmation of winning the bid, the confirmation of the auction transaction and the contract for the transfer of land use rights shall be provided;
10. If it is a first-class welfare commercial house, the approval of the relevant departments shall be provided;
11. Consent to transfer opinion of the co-owner of the real estate;
12. In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be provided.
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The house bought during the marriage, whether it is written in the name of one person (no matter which one of them is written) or the name of two people, is joint property, then both husband and wife must be present and signed. If it has been made clear that it is owned by one person alone, then only one person on the title deed needs to go. There are two common situations, one is that the house is a pre-marital property of one party, and the other is that the property ownership certificate clearly states that it is owned separately.
Do you have any questions?
I hope mine can help you, if you can, please give a thumbs up, thank you.
Questions. What should I do if the elderly sell their house and the property is transferred without a marriage certificate?
Wait a minute. Questions.
Okay, go to the local police station and ask for the old man's marriage certificate.
Questions. The old man does not have a marriage certificate, but the two old people's hukou are not together, and the real estate certificate is the name of an old man, what should I do in this case?
Because the old man's household registration is not together, this house does not belong to the marital property, so it is simple, as long as you bring the old man in the household registration book.
I hope mine can help you, if you can, please give a thumbs up, thank you.
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Legal Analysis: If the name on the title deed is in the name of the couple, only one person needs to sign to buy the house. However, if it is marital property, if the other spouse participates in the purchase of a house or the repayment of the investment, it is joint property, and the transfer of property requires the signature of both husband and wife.
Real estate transfer process: The transfer of real estate certificate does not go through a real estate agency, so the terms of the contract and the terms of breach of contract must be stated. When signing the contract, you must be present (in the case of marriage, even if only one person's name is on the real estate certificate, you need to be present and signed by both husband and wife).
Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in the will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that is legally owned by one party.
Under normal circumstances, it can be completed within 10 working days, as follows: 1. After the buyer and seller negotiate the house price and sign the contract, they need to bring the identity certificate, housing right certificate, household registration book, marriage certificate, sales contract, and transfer confirmation approval form to the housing management department to sign online and pay the house payment, and then apply for surveying and mapping to the surveying and mapping company of the housing management department and issue a new surveying and mapping map;
Fees for the transfer of ownership:
1. Fees: registration fees, transaction fees and production costs. >>>More
If needed, the assessed property value can be used as information for the transfer of ownership to prevent future ruffles, as a value reference, and if there is a need for evaluation, you can go to this platform. On this platform, the fee is usually only about 10% of the standard fee, search for "Qichu" on the Alipay homepage or WeChat, select the evaluation service, and submit the information. The staff will soon communicate the handling materials, and after the communication is completed, you can sit and wait for the assessment report to be sent to you. >>>More
1. Inheritance procedures.
1. Go to the notary office to notarize the inheritance of real estate. >>>More
But it depends on whether you are dealing with inheritance, transfer, or gift.