Can a house with a title dispute be transferred to one party?

Updated on society 2024-07-15
14 answers
  1. Anonymous users2024-02-12

    Pro: It is completely possible to transfer ownership in terms of procedures, as long as your property rights are clear, that is, as long as your property rights are clear, that is, the property belongs to you. Be aware, however, that there are other problems that can arise.

    1.If you resell the house to a third party without your dispute being resolved, and the third party is not aware of it, if he knowingly buys the house, that is, he knows that you have a dispute, in this case, the court may rule that you and the person who bought the house are malicious and seize the house, then the sale will not be established, and the contract will have to be revoked.

    2.If the third party does not know, that is, when you sell the house, the person who bought the house does not know that you have a dispute with the house, then it is a bona fide third-party house sale is established, and your dispute with other people has nothing to do with him.

    3.After the sale, the dispute between you and other people still needs to be resolved, according to your normal rights and obligations, how should you divide the profits? It's not just you.

    4.Under normal circumstances, it is best to settle the dispute first, and then buy and sell the house, or find a customer while settling it, and then negotiate with the three parties.

  2. Anonymous users2024-02-11

    Under normal circumstances, a house with a property dispute cannot be transferred.

    As long as the title deed is obtained, the house can be transferred, which is not necessarily.

    The following types of properties are not allowed to be transferred:

    1. Houses that have been seized by the court or law enforcement agencies;

    2. Houses with mortgage registration;

    3. The real estate certificate does not have affordable housing for more than five years;

    4. Homestead houses or houses with small property rights certificates.

    According to the current laws and regulations of China, during the mortgage period, if the mortgagor transfers the mortgaged property with the permission of the mortgagee, the mortgagor shall pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that is higher than the amount of the claim shall be returned to the mortgagor, and the debtor shall pay off the shortfall. During the mortgage period, the mortgagor may not transfer the mortgage without the permission of the mortgagee, unless the transferee pays off the debt on behalf of the mortgagee and extinguishes the mortgage.

    Article 191 of the Civil Code of the People's Republic of China.

    During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, it shall pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall. During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except for the transferee to pay off the debts on behalf of the mortgagee and extinguish the mortgage.

  3. Anonymous users2024-02-10

    Property with property rights disputes cannot be transferred to one party until the dispute is resolved. It will not be processed until the dispute is resolved.

  4. Anonymous users2024-02-09

    At this point, it should be certain that since there is a property dispute, this kind of house cannot be transferred to the other party, and the other party cannot successfully transfer the ownership.

  5. Anonymous users2024-02-08

    Can a house with a property dispute be transferred to one partyCan a house with a property dispute be transferred to one party? A house with a property right dispute cannot be transferred to Party B. The property dispute needs to be resolved before the transfer can be made.

  6. Anonymous users2024-02-07

    Can a house with a title dispute be transferred to one party? If there is a dispute over property rights, should the house be transferred to Party B, because your house itself has a dispute, and then transferring the house to the other party will not affect the interests of the other party more?

  7. Anonymous users2024-02-06

    Houses with property rights disputes can be transferred. To one party? If you can't, you can't transfer the house, because there are disputes over the house, property rights disputes, and the real estate department will not transfer the house.

  8. Anonymous users2024-02-05

    You can't transfer the ownership to one party, that will cause you a lot of trouble.

  9. Anonymous users2024-02-04

    Can a house with a title dispute be transferred to one party? I think that houses with property rights disputes cannot be transferred, and they are not allowed to be transferred.

  10. Anonymous users2024-02-03

    It is impossible to buy a house with a title dispute to the other party until it is resolved.

  11. Anonymous users2024-02-02

    It's a transfer, and the follow-up is quite troublesome.

    So think about it carefully.

    Save some unnecessary trouble.

  12. Anonymous users2024-02-01

    Legal imitation bridge analysis: Yes, 1. The property belongs to one party after the divorce of the husband and wife: The husband and wife should promptly transfer the real estate certificate to the name of the holder after the divorce with the divorce certificate and divorce agreement (or the divorce judgment or divorce mediation letter prepared by the court), the real estate certificate, the household registration book and ID card of both parties.

    2. Selling a house after divorce: (1) If the house has been transferred to the name of one party, when the house is sold again, there is no need for the other party to be present to sign. (2) If the house has not been transferred to the name of the person who should hold the property after the divorce, the Housing Authority will require both parties to sign when selling the house again.

    In this case, both parties can bring the real estate certificate, their respective ID cards, and divorce legal documents to the scene to go through the transfer procedures. The termination of the marital relationship refers to the termination of the legally valid relationship between husband and wife due to the occurrence of certain legal facts.

    Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the party who is not at fault. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

  13. Anonymous users2024-01-31

    Write a power of attorney. When handling the transfer of ownership, if one of the spouses is unable to show up, they must first write a power of attorney before going to the transfer. Transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance, etc., and the procedures for changing the property rights of the house are handled at the housing ownership registration center, which is the whole process of transferring property rights from Party A to Party B.

    According to the Notice on Deed Tax Policies on the Change of Ownership of Houses and Land between Husband and Wife, during the existence of the marital relationship, if the ownership of the house or land is originally owned by one of the husband and wife, the ownership of the house or land is changed to be jointly owned by the husband and wife or the other party, or the ownership of the house or land was originally owned by the husband and wife and is changed to one of the parties, or the ownership of the house or land was originally owned by the husband and wife, and the two parties agree to change the common share, the deed tax shall be exempted.

    Article 1063 of the Civil Code of the People's Republic of China provides that 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.

  14. Anonymous users2024-01-30

    Summary. Hello, if both parties agree, it can be transferred to the name of one person.

    Hello, if both parties agree, it can be transferred to the name of one person.

    If one party buys or sells or gives away the share of the house to the other party, the real estate certificate in the name of one person shall be reissued. If the two people are husband and wife in joint ownership, as long as they apply for the real estate certificate in the name of one of the husband and wife, they can go through a rough answer.

    Specific process: 1. Bring the original and photocopy of the three loss certificates (marriage certificate, ID card, real estate certificate). 2. Go to the real estate transaction center in the area where the house is located, first inform at the pre-inspection window that you are here to change the real estate certificate to the name of one of the spouses, and the window staff will review the materials submitted, and if the materials are complete, you will be given a number, and then go to the relevant window with the number.

    3. The cost of changing the name of one of the husband and wife on the real estate certificate: 110 yuan handling fee, the details are as follows: 80 yuan production cost, 25 yuan cadastral map fee, 5 yuan sticker cost, if it goes smoothly 20 days later, you can get a new real estate certificate.

    4. The new real estate certificate can set a password, and the real estate transaction center will give you an initial password, and then you can change it yourself. The materials required for the transfer of real estate are: (1) the application form for real estate transfer registration; (2) Proof of identity of the applicant; (3) Certificate of Possession of Real Estate Rights; (4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if notarization is required according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement; (5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;

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