Owners, is there a real estate deed, and the owner must be in the name on the real estate deed

What should the owner do if the developer delays the application for the real estate certificate? Article 60 of the Contract Law of the People's Republic of China stipulates that "the parties shall fully perform their obligations in accordance with the agreement.

If the developer fails to apply for the real estate certificate for the owner, it must be a failure to perform the obligations agreed in the contract, and the developer's liability for breach of contract will be determined and punished.

With the vigorous development of the real estate industry and the continuous improvement of residential properties, the word owner has begun to be constantly mentioned, so is there no name on the real estate certificate as the owner? When a husband and wife buy a house, they may only write the name of one party for various reasons, so how to add the name of the spouse to the real estate certificate?

First of all, it is necessary to figure out the definition of an owner:

1.For the property management company, as long as you live and use the house, you can call the owner, and they are the object of their service, even if you are a tenant. According to this standard, as long as you live in the house, you are the owner, and you can enjoy the services of the property management company.

2.Another meaning of owner is the owner of the house, or the property owner.

For the couple's property, you can't just look at the title deed. This is because many couples may have a joint property that may be registered in the name of one of the parties. Therefore, even if the title deed only has the name of one party, it does not necessarily mean that it must be owned by one person.

It depends on the time of the purchase of the house, and if it is before the marriage, it belongs to the personal property of the person who purchased it. If it is bought after marriage, it depends on where the purchase money comes from, whether the husband and wife have an agreement on property, etc., to determine whether the property belongs to the joint property of the husband and wife. If it is a joint property of the husband and wife, then there is half of the property right, and both husband and wife are the owners.

If it is not a husband and wife, then if there is no name on the property deed, it cannot be considered the owner.

How to add the name of the spouse to the real estate certificate?

Subdivided into two cases:

The first case: no loan title deed plus spouse's name.

1. Bring three certificates (marriage certificate, ID card, real estate certificate) and their copies;

2. Go to the housing transaction center to fill in an application for both parties to jointly own the property and request to add co-owners, and the window staff will review the submitted materials;

3. The cost of adding the name on the real estate certificate is basically only a small amount of production cost, which generally includes drawing fees, registration fees, etc.

The second case: there is a loan title deed plus the name of the spouse.

1. Go to the bank to change the mortgage procedures (with the consent of the lending bank).

2. The expenses required for processing: in addition to the small amount of cost mentioned in the first case, if it is a provident fund loan, an additional fee of 100 yuan is required; If it is a portfolio loan (provident fund loan, business loan), you need to add a fee of 200 yuan.

3. The other steps are the same as the previous process without a loan.

The above is the introduction of the real estate certificate without a name on the owner and how to add the name of the spouse on the real estate certificate, the addition of the name after marriage belongs to the correction of registration, the public with the identity certificate of the husband and wife, marriage certificate, house ownership certificate, housing registration application and other application materials, together with the jurisdiction of the housing registration department for interview, you can handle the relevant housing ownership change procedures, I hope to help you.

If there is no name on the title deed, is it considered a landlord?

If you do not have a name on the property ownership certificate, you cannot participate in the election of the property committee, which is not a denial of your legal status and related rights, but a procedural requirement, which is an act of self-government of the owner, in order to prevent the rights of the owner from being fraudulently used.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over the Differentiated Ownership of Buildings

Article 1 A person who has obtained the ownership of the exclusive part of the building by registration in accordance with the law or in accordance with the provisions of Articles 229 to 231 of the Civil Code shall be recognized as the owner referred to in Chapter 6 of Part II of the Civil Code.

Of course, this must be determined whether it is the owner's, and there is a "Property Management Regulations" as the main legal basis. Article 6 of the Ordinance clearly states: "The owner of the house is the owner. ”

If there is no name on the property ownership certificate, of course, it can be regarded as the owner, because the property is the joint property of the husband and wife, and the absence of a name does not mean that the house does not belong to him and is not the owner.

No, the owner refers to the owner of the property, that is, the owner of this property, and the title deed is not in your name, so you are not the owner.

Hello, if the above property is the joint property of the husband and wife, then the name on the real estate deed is also the owner.

Legal analysis: The question of "must the owner be the name on the real estate certificate" needs to be judged according to the actual situation, generally speaking, the owner is the property owner on the real estate certificate, and only the property owner can deal with the house. In addition, there are some cases where the owner is a co-owner, such as in a husband and wife relationship, where both parties buy a house together, and the title deed only writes the name of one party, but the other party is also considered the owner.

Legal basis: Article 297 of the Civil Code of the People's Republic of China: Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.

Article 300 The co-owners shall manage the jointly owned immovable or movable property in accordance with the agreement; If there is no agreement or the agreement is not clear, each co-owner has the right and obligation to manage.

The house does not have a title deed and is not the owner. The owner is the owner who owns one or more exclusive building spaces or houses in all buildings or in a building zoning, and the person who has obtained the ownership of the exclusive part of the building in accordance with the law shall be deemed to be the owner.

Legal basis] Article 240 of the Civil Code.

The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.

Article 241.

The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Article 271.

The owner has the right of ownership of the exclusive parts of the building, such as residential and business buildings, and the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 273.

The owner has rights and obligations for the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.

The owner gives the real estate certificate refers to the process in which the owner submits relevant information to the real estate management department and applies for the real estate certificate.

The real estate certificate refers to the legal certificate of ownership of a certain property issued by the national real estate management department, which is equivalent to a person's ID card or property certificate. After purchasing a property, the owner needs to go through the process of real estate registration to associate his property rights with the specific physical location, area and other information of the house, and finally obtain the corresponding real estate certificate. Therefore, the owner gives the real estate certificate is actually the whole process of the owner submitting relevant materials to the real estate management department to complete the real estate registration and obtaining the real estate certificate.

Having a real estate certificate can protect the property rights and interests of the owner, avoid problems such as housing disputes and property rights disputes, and also help to legally trade and transfer the property.

Legal analysis: Based on the civil legal act of the sale and purchase of commercial housing in Ayan with the construction unit, a person who has legally occupied the exclusive part of the building, but has not yet gone through the ownership registration in accordance with the law, can be identified as the owner.

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.

Summary. Hello dear, it is a pleasure to serve you <>

You are not considered a landlord without a title deed. If you do not have a property right certificate, you cannot enjoy the rights of the owner, because the owner of the house is the owner, and if you do not obtain the property right certificate, you are not the owner of the house, and you are not the owner, so you cannot enjoy the rights of the owner. The law stipulates that a person who has obtained the ownership of the exclusive part of the building by registration in accordance with the law or in accordance with the provisions shall be recognized as the owner.

Based on the civil legal act of buying and selling commercial housing with the construction unit, a person who has lawfully occupied the exclusive part of the building, but has not yet completed the ownership registration in accordance with the law, may be identified as the owner.

Is it considered a landlord without a title deed?

Hello dear, it is a pleasure to serve you <>

You are not considered a landlord without a title deed. If you do not have a property right certificate, you cannot enjoy the rights of the owner, because the owner of the house is the owner, and if you do not obtain the property right certificate, you are not the owner of the house, and you are not the owner, so you cannot enjoy the rights of the owner. The law stipulates that a person who has obtained the ownership of the exclusive part of the building by registration in accordance with the law or in accordance with the provisions shall be recognized as the owner.

A person who has lawfully occupied the exclusive part of the building, but has not yet registered his or her ownership in accordance with the law, may be deemed to be the owner.

Legal basis: Article 209 of the Civil Code of the People's Republic of China [Effect of Registration of Real Estate Rights] The establishment, alteration, transfer, and termination of real estate rights shall take effect after being registered 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 registered.

Hello! The fund-raising house of the unit, at present, has not helped us to apply for the real estate certificate, can the current owner apply for the establishment of the property committee? The sub-district office replied that the land is still a unit, and we can't set up an industry committee.

Hello dear, at present, the owner cannot apply for the establishment of the property committee, which makes sense.

Because you're not a property owner yet.

There is no title deed.

We have paid all the scattered money, the house has been fully delivered, most of the owners have moved in, the real estate certificate is being processed, and there is currently a temporary property under management. Aren't we owners yet? Years old.

You need to wait for your property certificate to come down.

So why can a commercial housing committee be established before applying for a real estate certificate? My understanding is that after the purchase contract, we are already the owners.

Owners and homeowners are not consenting.

There are approval procedures for the land occupied by this community, and it is not an illegal building. Then you can set up an owners' committee.

Housing developers and investors are the owners of buildings, but they are generally not called owners.