Is it valid to give up the house written by my husband

During the marriage, the property purchased by the spouses is the joint property of the spouses; If the man wants to give up the ownership of the house and let the property belong to the woman completely, he needs to go through the legal process.

If the parties have full capacity for civil conduct and voluntarily make a declaration of renunciation of the property, if this declaration does not violate the mandatory provisions of national law and the public order and good customs of the state, then the declaration has legal effect. The agreement is valid if the husband and wife sign an agreement to waive property rights after marriage, the agreement is signed voluntarily by both parties, both parties have civil capacity, and the content of the agreement does not violate the mandatory provisions of the law; The party who gives up the property needs to go to the housing authority to register the change of the property, register the house in the name of the woman, and change the property from joint ownership by the husband and wife to sole ownership by the woman. After the divorce process, the man will not have the right to claim the property from the woman.

If the agreement is written, it is best to seal and notarize the agreement, and when choosing a notary, you should choose no blood relationship.

Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that property acquired during the existence of the marital relationship and property before 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.

What are the joint property of the husband and wife.

1. The labor income of both husband and wife or one party, such as wages, bonuses, author's remuneration, other forms of labor remuneration, etc.;

2. The property inherited, donated or bequeathed by both husband and wife or one of the spouses during the existence of the marital relationship;

3. Other legal income of both spouses or one of the spouses. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

If the husband's document of renunciation of the house is in accordance with the law, and there is evidence that the document was made voluntarily by the husband, then the document is valid. However, if the husband and wife jointly contributed to the purchase of the house, even if the husband gives up ownership of the house, he still has the right to demand the return of the money he invested. Therefore, when dealing with matrimonial property issues, it is best to consult a professional lawyer or notary public and go through the relevant formalities in accordance with the legal procedures to ensure that their respective rights and interests are protected.

The husband wrote that the abandonment of the house is valid.

The gift of a house between the husband and wife shall be regarded as an agreement between the husband and wife on the property, and therefore, the gift shall be valid. In addition, once the registration of the change of real estate is carried out, it is deemed that the gift is completed, and the donee obtains the ownership of the house, and if the gift is made within the scope of the law, it will generally be recognized as a valid act, and after the gift is made between the husband and wife, the donated property will become the personal property of the donee.

The gift of a house must comply with the following regulations:

1. The donor must be the owner of the property right of the house, and must have full civil capacity;

2. The donated house must have legal ownership certificates, and there is no property rights dispute;

3. The donor and the recipient are voluntary, have a written (contract), and handle notarization;

4. Housing gifts must be registered, reviewed and handled by the real estate management authorities;

5. The recipient must pay taxes and fees in accordance with the relevant regulations;

6. Gifts shall not be set up for the purpose of evading the legal obligations that should be performed, such as performance and payment of labor remuneration, nor shall gifts be set up for the purpose of evading management, such as paying taxes and fees.

In short, the gift of housing must not endanger the public interest and harm the legitimate rights and interests of others.

The following procedures are required for the gift of a house:

1. The donor and the donee enter into a written contract for the gift of the house, that is, the letter of gift. According to the regulations, the house gift must be in writing;

2. The party (donee) of the house donation shall pay the relevant amount according to the provisions with the original certificate;

3. Notarization;

4. Go through the registration procedures for the transfer of house ownership. The parties to the house donation shall submit the following documents to apply for change of registration at the real estate management agency:

1) Application;

2) ID card;

3) Original real estate property right certificate;

4) Letter of Gift and Notarial Deed;

5) Deed tax receipts.

5. The donor will deliver the house to the donee, and the delivery here is subject to the registration of the transfer of property rights.

Laws and Regulations

Civil Code of the People's Republic of China

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 husband wrote that the abandonment of the house is valid. If the man wants to give up the property rights of the house and let the property completely belong to the woman, he needs to go through the legal procedures, and the party who gives up the property needs to go to the housing authority to go through the registration procedures for the change of the property, and register the trembling suite in the name of the woman, so that the property can be changed from joint ownership by the husband and wife to sole ownership by the woman.

1. The transfer process of the couple's property is as follows:

1. The husband and wife bring the relevant materials to the real estate management transaction in the area where the house belongs to apply for the change of housing property rights, and the real estate management transaction will review the materials provided by the husband and wife.

2. The application for registration of land change procedures shall be accepted if the information is complete, and the information shall be incomplete or not in accordance with the regulations, and the reasons shall be explained, the materials that need to be submitted shall be supplemented, and the materials that need to be submitted shall be supplemented and the deadline for submission shall be explained, and the materials shall be accepted after the materials are complete, and the receipt shall be issued to the acceptance number;

3. The property right review is late, the registration personnel review the information, the field investigation, if the application meets the requirements, it will be reported to the superior for approval, until the final review stage is passed;

4. Pay the fee and receive the certificate, the applicant holds his ID card or the person in charge holds the power of attorney and his ID card to pay the relevant fees for the registration of the property rights of the house, and then receives the certificate of ownership of the house.

2. Materials required for the transfer of the husband and wife's real estate:

1. Application for Land Change Registration;

2. Original land certificate and real estate certificate;

3. Personal identity certificate and marriage certificate;

3. In the case of Dongling to pay taxes, a tax payment certificate must be issued.

To sum up, the husband writes that the waiver of the house is valid, if the man wants to give up the property rights of the house, so that the property completely belongs to the woman, need to go through the legal procedures, the transfer of the husband and wife's real estate needs to bring the relevant materials to the real estate management transaction in the area where the house belongs to apply for the change of housing property rights, the real estate management transaction will review the materials provided by the husband and wife, if the application meets the conditions, the housing authority will submit to the city after the preliminary examination of the housing property rights registration.

The written agreement is valid. If it is an agreement, it is best to seal and notarize the agreement, and when choosing a notary, you should choose no blood relationship.

What documents need to be prepared for the notarization of abandonment of real estate:

1. The first thing that needs to be prepared is the declaration of renunciation of inheritance, the ID card, marriage certificate, real estate certificate, and household registration book of the parties.

2. If notarization is carried out in the case of inheritance, then it is also necessary to prepare the death certificate of the decedent, resident ID card, if there is a spouse, the spouse needs to be present, and if there are multiple heirs, all of them need to agree and sign.