The Civil Code stipulates how to handle the registration of housing property ownership certificates

The following information is required to obtain the house title certificate:1. Purchase contract (must be signed during the sale and purchase process); 2. Invoice for the purchase of the house (the developer must issue it after the housing surveying and mapping department measures the actual measured area when receiving the house); 3. Proof of the buyer's identity; 4. Tax payment certificate (deed tax paid certificate) (paid when applying for real estate certificate); 5. Property maintenance ** payment voucher (paid at check-in); 6. Other materials required by the real estate registration authority.

Article 16 of the Interim Regulations on the Registration of Immovable Property.

Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

Article 211 of the Civil Code of the People's Republic of China.

A house without a real estate certificate cannot go through the transfer procedures, because to apply for a transfer to the real estate transaction management department, the real estate certificate must be provided, otherwise the application will not be approved, and the request for transfer will also be rejected due to the lack of the real estate certificate.

The transfer of property rights shall be handled by the registration authority where the immovable property is located; Registration materials, for the transfer of housing property rights, necessary materials such as ownership certificates and real estate boundaries and areas shall be provided.

1.If both parties claim ownership of the house and agree to obtain it through bidding, it shall be allowed; 2.If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation; 3.

If neither party claims the ownership of the house, the old servant will auction the house according to the application of the parties and divide the proceeds; If there is a dispute between the parties at the time of divorce over a house that has not yet been acquired or full ownership has not yet been obtained, and the negotiation fails, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties according to the actual situation.

Article 38 of the Urban Real Estate Management Law The following real estate shall not be transferred: (1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law; (2) Judicial or administrative organs have made rulings or decisions to seal up or restrict real estate rights in other forms in accordance with law; (3) recovering the right to use the land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: 1. A house purchased with the joint property of the husband and wife shall be recognized as the joint property of the husband and wife if it is registered in the name of one person.

2. When the two parties cannot reach an agreement on the value and ownership of the house, the court can dispose of the house by bidding for it, one party compensating the other party, and dividing the proceeds after the auction.

3. The property of one party before marriage or the gift given to one of the husband and wife is personal property. Article 1062.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

The documents required to apply for a real estate certificate are: identity documents of both parties, household registration book, marriage certificate, house ownership certificate, house purchase contract, house purchase invoice, house floor plan, house verification certificate, real estate tax payment certificate and other relevant materials.

Legal basis] Article 16 of the Interim 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;

The real estate boundary, spatial boundary, area and other materials;

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 211 of the Civil Code.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

Legal analysis: the transfer of property rights shall be handled by the registration agency where the immovable property is located; Registration materials, for the transfer of housing property rights, necessary materials such as ownership certificates and real estate boundaries and areas shall be provided.

Legal basis: 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 the actual burial of immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Article 217 The certificate of ownership of immovable property is proof that the Heraeus person has the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence proving that there is indeed an error in the immovable property register.

Legal analysis: Housing ownership registration refers to the act of the construction management department (hereinafter referred to as the registration authority) on behalf of ** to register the ownership of the house and the mortgage rights, pawn rights and other rights of the house arising from the above rights, and confirm the ownership of the house property rights in accordance with the law.

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

Article 61 To obtain land use rights by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's government at or above the county level after verification by the land management department of the local people's government at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at the county level shall verify and issue a house ownership certificate.

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 the registration of real estate change, and apply to the people's ** land management department at the same level for the registration of the change of land use right 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.

Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level.

Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.