Can a house be sold without a title deed, can a house be sold without a title deed

No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to another person through sale, gift or other legal means.

Article 38 stipulates that 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 or administrative regulations prohibit transfer.

The house can be sold without a title deed, and if there is a sales contract signed between the parties, the contract is valid, but the ownership of the house cannot be proved without a transfer. Therefore, a house can be bought and sold without a title deed, but the property right is not protected by law. As a real estate, the real right needs to be registered as a real estate, and a real estate register can be issued to prove the ownership of the right.

[Legal basis].Article 216 of the Civil Code.

The immovable property register is the basis for the ownership and content of property rights.

The immovable property register is managed by the registration authority.

Article 217.

The certificate of ownership of the immovable property is the proof that the right holder enjoys 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 to prove that there is an error in the immovable property register.

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) the land use right obtained by way of transfer does not meet the conditions stipulated in Article 30 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 or administrative regulations prohibit transfer.

Houses without real estate certificates cannot be bought and sold, houses without legal registration of ownership certificates cannot be listed and traded, cannot be mortgaged, inherited, gifted, and are not protected by law, and compensation cannot be obtained for demolition. The property rights of such houses themselves are flawed, or they are illegal and violated, and there may be a risk of being forcibly demolished.

[Legal basis].

Article 38 of the Urban Real Estate Management Law shall not transfer the following real estate: (1) the land use right obtained 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 or administrative regulations prohibit transfer.

The house can be sold without a title deed, but the real estate registry will not register the parties. According to the provisions of the Urban Real Estate Management Law, a house cannot be transferred without obtaining a title certificate. Since the signing of the sales contract is an act of encumbrance, and the seller does not have a property ownership certificate as a prerequisite, the house sales contract is still valid.

The seller shall clearly inform the buyer of this situation and write this fact into the sales contract, so as to prevent the other party from pursuing the seller's liability for breach of contract on the grounds that the other party does not know that the house does not have a real estate certificate.

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

The following real estate is not transferable:

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 or administrative regulations prohibit transfer.

A house cannot be bought or sold without a title deed. The real estate certificate is a proof of ownership of the house, and the house without the real estate certificate belongs to the house without the right to dispose of it, and there is an obstacle without the property right certificate, and it cannot be registered for transfer procedures in accordance with the law.

1. Does the demolished house have a house book?

Whether the demolished house has a property ownership certificate depends on whether the property rights it has are full and how the content of the demolition agreement is stipulated, which cannot be generalized.

The most important thing for handling the real estate certificate is to investigate the nature of the property right of the demolished house, if the property right certificate is available before the demolition, and it is not handled in time after the demolition, but there is a demolition agreement, the property right certificate can still be handled later.

To apply for the real estate certificate through the housing management department, you need to pay a fee according to a certain percentage of the average selling price of the house, and then handle it.

Only when the house is registered in accordance with the law can the house rights be protected by the national law, and any other real estate certificate does not have the same legal effect. For a house that is traded for a second time, a real estate certificate must be obtained, and the transaction is prohibited without a real estate certificate.

2. How to distinguish between the land use certificate and the real estate certificate.

The difference between a land use certificate and a real estate certificate is that the real estate certificate can prove the ownership of the house, while the land use certificate is a legal document that proves that you have the right to use the land. Moreover, the land certificate can only prove the approval and service life of the land, but the ownership of the house built on the land cannot be proved, and the house without the land use certificate cannot be traded.

3. Can a husband and wife be divided in divorce without a real estate certificate?

At the time of divorce, the husband and wife cannot divide the property without the title deed. Although the divorce of the husband and wife without the title deed of the house cannot be divided by litigation, the husband and wife can negotiate the division. As long as the house is indeed the joint or personal property of the husband and wife, then the husband and wife can divide it by agreement.

For couples, the safest and most effective way to solve the problem of divorce house division is to reapply for a real estate certificate first.

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

The following real estate is not transferable:

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 organs and administrative organs have made rulings or decisions 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 or administrative regulations prohibit transfer.

A house cannot be sold without a title deed. The real estate certificate is the proof of ownership of the house, and the house without the real estate certificate belongs to the obstacle of no right to dispose of it, and there is no obstacle of property right certificate, and it cannot be registered and transferred according to law.

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

The following real estate is not transferable:

A) to obtain the right to use the land by way of transfer, which oak does not meet the conditions provided for in Article 39 of this Law;

2) Judicial and administrative organs have made rulings or decisions in accordance with law to seal up Li Xiangbian 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 or administrative regulations prohibit transfer.