Can a house without a title deed be transferred?

No. 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.

Legal basis] Article 338 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the following real estate shall not be transferred:

1) Acquisition of land use rights by way of transfer, does not meet the conditions provided for in Article = 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use 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 and administrative regulations prohibit transfer.

The house cannot be transferred without a real estate certificate. China implements the registration system of immovable eggplant sail rolling, and the real estate certificate is the proof of ownership of the property, and the house without the real estate certificate has no property right certificate, and cannot be registered and transferred according to law.

1. What should I do if the rural house is demolished without any certificate?

First, you need to determine if the house you live in is illegal. According to the provisions, compensation shall be given to legal buildings and temporary buildings that do not exceed the approved period. However, if it is found to be illegal construction or temporary construction beyond the approved period, no compensation shall be given.

Secondly, it is not that you cannot prove that you are the owner of the house without a title deed. If it is a rural area, because the peasants all build houses on their own homesteads, if there is no property right certificate, as long as the collective organization can provide the corresponding proof to prove that the house is yours, you can also get the demolition compensation when you are demolished.

Second, how to get a loan before the real estate certificate comes down.

According to the provisions of the relevant laws of China, the real estate certificate is the house ownership certificate, which is the legal certificate for the house owner to obtain the legitimate rights and interests of the state, and is a necessary condition for the house owner to exercise his legitimate rights and interests. The real estate ownership certificate is a certificate that the buyer has the remaining ownership of the purchased house, and only with the house ownership certificate can he have the right to occupy, use, benefit and dispose of the house. Therefore, without the real estate certificate, it is not possible to apply for mortgage registration, and it is impossible to directly find a bank for a mortgage.

The following documents are required for the property in the property mortgage: title deed, land deed, and no title dispute. If you don't have a real estate certificate, you need to have other collateral to get a loan.

3. Can resettlement houses be bought and sold if they are less than 5 years old?

If there is a real estate certificate and a land certificate, there is no restriction on the purchase and sale of the house.

If you have a title deed and a collective land deed, you must be a resident of the same village before you can buy or sell.

For the resettlement house to be listed and traded again, it needs to be after obtaining the real estate certificate. If you buy or sell without obtaining the title deed, you will not be able to transfer the ownership of the house, and you will not be able to obtain the property rights of the house.

Therefore, there is no time limit for the transaction of resettlement housing, and it can be traded depending on whether there is a real estate certificate, and it does not need to be five years.

Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Acquisition of land use rights by way of transfer, does not meet the conditions provided for in Article = 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use 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 and administrative regulations prohibit transfer.

The house cannot be transferred without a real estate certificate. China implements a real estate registration system, and the real estate certificate is the proof of ownership of the property.

Legal basis] Article 38 of the Law on the Management of Urban Real Estate.

The following real estate shall not be transferred:

1) Acquisition of land use rights by way of transfer, does not meet the conditions provided for in Article = 39 of this Law;

2) Judicial or administrative organs have lawfully ruled or decided to seal up or otherwise restrict real estate rights;

3) recovering the right to use 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 and administrative regulations prohibit transfer.

Legal analysis: A house without a real estate certificate cannot be transferred. Here's why:

The certificate that the buyer of the real estate certificate obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, gain and dispose of the purchased house in accordance with the law. That is, the "House Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law; A house without a real estate certificate is not filed with the Housing Authority, so there is no such thing as a transfer.

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

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 234:Where a dispute arises over the ownership or content of a real right, the interested parties may request confirmation of the right.

Legal Analysis: A house without a title deed cannot be transferred.

Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

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) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; 3) recovering the right to use 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 and administrative regulations prohibit transfer.

Legal analysis: The house cannot be transferred without the real estate certificate. The transfer needs to bring the real estate certificate, the real estate transfer registration application form, the house with the mortgage, and the written document of the mortgagee's consent needs to be submitted, so there is no real estate certificate to talk about the transfer.

And according to the law, a house that has not obtained a real estate certificate in accordance with the law cannot be transferred.

Legal basis: Article 6 of the Administrative Provisions on the Transfer of Urban Real Estate The following real estate shall not be transferred: (1) the land use right is obtained by way of transfer but does not meet the conditions specified in Article 10 of these Regulations; 2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; 3) recovering the right to use 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 and administrative regulations prohibit transfer.

Article 7 The transfer of real estate shall be handled in accordance with the following procedures: (1) the transfer of real estate to the parties to sign a written transfer contract; (2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**; (C) the real estate management department to provide the relevant documents for review, and within 7 days to make a written reply on whether to accept the application, within 7 days without a written reply, deemed to agree to accept; (4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed; (5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations; (Type 6) The management department of high rent and high rent of real estate shall handle the registration procedures of housing ownership and issue real estate ownership certificates.

Legal analysis: It is impossible to transfer ownership without a real estate certificate. Because to apply for 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 real estate certificate.

Legal basis: "Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property" Article 38 Those who apply for registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances:

1) Certificate of ownership of immovable property, (2) Sale, exchange, gift contract (3) Materials of inheritance or bequest, (4) Agreement on division and merger, (5) Legal documents effective by the people's court or arbitration commission, (6) Approval documents of the people** or competent authorities with the right of approval, (7) Relevant tax payment vouchers, (8) Other necessary materials. If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.