How to sell the property of one of the spouses and how to sell the property of the death of one of t

The property of one of the spouses in the event of death must first be notarized by inheritance before it can be disposed of and sold. If the deceased party has no other legal heirs or the house is the personal property of the surviving party, the property can be disposed of. Inheritance issues should be resolved before selling a home.

The right holder should go to the notary office to notarize the inheritance, and do a good job of notarization of the written guarantee for the interests of the ward.

Legal analysis

In order to sell the property, the consent of all legal heirs must be obtained, an agreement must be signed by all parties, and the inheritance must be notarized. In the case of multiple heirs, neither party can dispose of the property without authorization. If the deceased party has no other legal heirs or the house is the personal property of the surviving party, the property can be disposed of.

If there are other heirs, the spouse does not have the right to dispose of all the estate. Parents, children, and spouses are also first-in-line heirs. This is because the inheritance relationship occurs after the death of the property owner.

The estate is inherited by its legal heirs. Inheritance issues should be resolved before selling a home. The right holder should go to the notary office to notarize the inheritance, and do a good job of notarization of the written guarantee for the interests of the ward.

Hold the notarial certificate of inheritance and other relevant materials such as proof of guardianship to go through the real estate transfer registration procedures at the housing authority, and change the property owner of the house, and only on this basis can the property be disposed of. 1. If the deceased party made a will before his or her death stipulating that his or her property would be inherited by his or her spouse, the other party could transfer the property to his or her own name. 2. If the deceased party did not make a will during his lifetime, the real estate can not be divided, and half of the jointly owned property should be divided into the spouse, and the rest should be the inheritance of the decedent.

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. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 1153:Unless otherwise agreed, when dividing the property jointly owned by husband and wife, half of the jointly owned property shall first be divided into the spouse's property, and the rest shall be the decedent's estate. Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

If one of the spouses dies, the house needs to be **, and the specific ** method needs to be decided on a case-by-case basis:

First of all, if the surviving party is the sole heir of the deceased, after inheriting half of the ownership of the house, you only need to bring the relevant materials and documents to the department where the house is located to go through the transfer procedures and the registration procedures for the change of ownership. Because according to the relevant provisions of China's "Property Law", only after registration in accordance with the law will it have legal effect, and the ownership of the house will be truly transferred;

Secondly, if one of the living spouses is not the only heir, and there are other heirs, such as the parents and children of the deceased, then the consent of the other heirs is required before the house can be **. or if the other heirs present a statement of renunciation of inheritance, and make it fair, the surviving spouse also has the right to ** house.

Article 9 of the Property Law.

The creation, alteration, transfer and extinction of immovable property 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.

First of all, it is necessary to see whether the deceased party has a will to leave the property for the disposal of the other party, and if so, it can be sold directly according to the procedure;

If there is no will, the other half cannot sell the property left behind, and the property needs to be divided, and the relevant members must be present to sign together before selling.

If one of the spouses dies. In this case, you should first go to the police station and go to the housing authority to get a death certificate. Cancel the other party's information, so that the property belongs to you personally, and you have the right to buy and sell.

If one of your spouses dies, your property is not owned by one of the spouses. In other words, if the husband and wife of the property die, and the other party offends a part of the property, it will be inherited jointly by the wife and children. If it is sold, it must be approved by the children.

In the event of the death of one of the spouses, if the property is jointly owned by both parties, then it is necessary to go to the notary public to obtain a notarial deed so that one of the spouses can buy and sell the house.

If one of you dies. You need to find the deceased's parents to sign it. As long as they agree and sign it, your house can be sold, and if they don't want to sign, your house can't be sold. Because your house also has his parents' share.

Hello, in this case, it can be inherited by the legal heirs, and the inheritance can be sold. If there are multiple heirs, it is also possible to sell the house together.

In this case, you must bring the other party's death certificate to the real estate center and transfer the house to your own name before you can buy and sell normally.

If one of the spouses dies, the house may be in the name of both of them, then you have to have the death certificate of the death of the other party, um, and the letter of introduction from the community where you lived, um, the letter of introduction from the police station, well, you can sell the house.

This situation is more complicated, one of the spouses dies, you must go to the notary office to do a death notarization, and then go to the real estate office to change the name, and then you can sell it.

If one of the spouses dies, the property must be disposed of before it can be sold as the property of one of the other spouses.

One of the spouses dies. How to sell the property, if there is a house, you don't need to sell it, if the other party dies and wants to sell the house, you can sell it.

When one of the spouses dies and the other spouse is still alive, all property is at his disposal. When a person dies, it is joint property, and the transfer can be handled with a death certificate.

In general, if there is no divorce and there are children, the property must be inherited by the spouse and has the right to speak. However, the other parent should still be able to or receive a certain amount of alimony. But if you don't have children, you have to consider that the heirs have inheritance rights.

Give them the money that the other parent's parents deserve.

If one of the parties is not alive, the house belongs to the property of another person, and it can be sold or subleased, and the law can also give you protection.

After the death of one of the spouses, then the property must belong to another person, so the property can be sold to someone else, which is also correct, because only one person does not have a complete home.

When one of the husband and wife dies, what should I do with the property, this is very simple, what should I do with this property, that is, one of the husband and wife has died, he has passed away, you only need to give the real estate certificate to the person, and the person there can say it, you only need to agree to this confirmation that he is dead, and give him the death certificate, see this cold and violent road.

After the death of one of the spouses, the property is sold by the living heirs, which is more reasonable and legal.

How to sell the property when one of the spouses dies? If one of the spouses dies and you want to sell the house, then you have children, and the children must be present for notarization before you can sell the property.

How to sell the property when one of the spouses dies? If one of the husband and wife dies, you must go to the real estate bureau with the death certificate in time to erase your name, otherwise, it will be very troublesome when selling the house.

How do you sell a first-party deceased property? First of all, if one of the spouses dies, the other spouse has the right to sell it, and the child can agree to sign it.

Because the property is the joint property of the husband and wife, after the death of one of the spouses. In accordance with the relevant provisions of the Inheritance Law. The house has a part of the inheritance of the abandoned son.

When one of the spouses dies, how to sell the property? If something happens to one of the spouses, the other spouse has the right to sell the property and the money can belong to him.

How to sell the property when one of the spouses dies? One of them is gone, but you also have children. There are also elderly people in the other party's family. If you are going to sell, in the future the house should be divided into three equal parts. You and the child. And the elderly. Everybody has it.

If one of the husband and wife dies, the property must be inherited by his spouse, this does not need to be thought about, it is completely inherited by the spouse, and he is the first heir.

How to buy a property when one of the spouses dies? If the husband and wife pass away, if you help him sell, then you have a part of your child, if you sell, then you must, the child can not be said by one person.

When one spouse dies, the other spouse has the right to buy and sell property or stepchildren.

It must be who is the owner of this house, who has the right to buy and sell this house.

When one of the spouses dies, the house can be sold after the property transfer registration procedures are completed. The specific process is as follows:

1. Go to the notary office where the property is located to handle the inheritance notarization;

2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and stock contracts;

3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, pay the tax according to the date stated on the receipt and stare sheet;

4. After the real estate transfer tax is paid, you can get the real estate certificate. Article 20 of the Provisional Regulations on the Registration of Immovable Property stipulates that the immovable property registration authority shall complete the registration formalities for immovable property within 30 working days from the date of acceptance of the application for registration, unless otherwise provided by law. Article 21 stipulates that the registration of the registered particulars shall be completed when they are recorded in the immovable property register.

When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

1. How to transfer the ownership of real estate.

1. Before going to the real estate management department for the transfer of the real estate certificate, the information required for the transfer should be prepared, and according to the provisions of the relevant laws of our country, the application form for real estate transfer registration, the applicant's identity certificate, and the certificate of real estate rights shall be submitted. 2. After the application materials are ready, you must fill in the real estate management department**.

3. After the application materials for the transfer of real estate are handed over to the real estate management department, the real estate management department will give a receipt and then pay the tax according to the date stated on the receipt form. 4. After the real estate transfer tax is paid, you can get the real estate certificate.

2. If the land use right is mortgaged to the bank, can the real estate certificate be obtained?

The land use right is mortgaged to the bank, and the real estate certificate can be applied for under normal circumstances.

According to the provisions of Paragraph 1 of Article 16 of the Provisional Regulations on the Registration of Immovable Property, the applicant shall submit the following materials and be responsible for the authenticity of the application materials:

1) Application for registration;

2) Identification materials and power of attorney of the applicant and ** person;

4) Materials such as the site of the immovable property, the spatial boundary, and the area of the property;

5) Explanatory materials on the interests of others;

6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.

Article 20 stipulates that the immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, unless otherwise provided by law.

Article 20 of the Provisional Regulations on the Registration of Immovable Property Article 20 The immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, unless otherwise provided by law. Article 21 The registration of the registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

If one of the spouses dies in a house and does not have a will, half of the property rights are inherited by the legal heirs as an inheritance. The legal heirs are, spouse, children and parents. If the other party wants to ** the house, the co-heirs must present a statement to renounce the inheritance, and then notarize it, and then sell the house.

Legal basis

Article 209 of the Civil Code: The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

There are two situations in which one of the spouses dies and wants to sell the property:

1. If the property belongs to the surviving party, then the house can be disposed of at will.

2. If the property is owned by the deceased party, co-owned or the deceased party owns the share of the property, then all or part of the share held by the deceased party needs to be inherited first.

1. If all or part of the share held by the deceased party is inherited by the spouse, then the surviving party also has the right to dispose of the real estate after inheritance.

2. If the deceased's full brother or grandchildren or part of the share are inherited by other people (such as the deceased's children and parents), the consent of the other heirs is required for the house.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 61.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for real estate change registration, and apply to the people's ** land management department at the same level for the registration of land use right change with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Civil Code of the People's Republic of China

Article 210.

The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Civil Code of the People's Republic of China

Article 1122.

An estate is a personal legal property left behind by a natural person upon his or her death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.