The difference between one person and two people is written on the title deed

Updated on society 2024-07-28
7 answers
  1. Anonymous users2024-02-13

    Writing a person's name indicates sole ownership and the right to dispose of it separately when buying and selling a second-hand house. However, for the property after marriage, even if only one name is written, it is legally the joint property of the husband and wife, and the consent of the spouse or the relevant commitment should be issued by the spouse at the time of sale. Writing the names of two people indicates that the house is a joint house, and the co-owners should jointly apply for registration, and the same should be done when buying and selling.

    In the case of husband and wife, whoever writes their name is joint property. But write a person's name, and in the future, a person can come forward with the information of the room. However, if the names of two people are written to indicate that the house is a joint house, the co-owners should jointly apply for registration.

    The same is true for the purchase and sale of the same application. And at present, the real estate certificate is considered private property if one person's name is written, and the name of two people is considered joint property.

    Precautions for applying for real estate certificates:

    1. Take a look at your purchase contract first, there is a deadline for applying for a real estate certificate, which is the offer clause in the developer's contract, and the approximate time can be clearly understood.

    2. When applying for the real estate certificate, under the premise that the developer completes its own relevant procedures, the owner will be required to hand over the sales contract, payment certificate, loan certificate, invoice, ID card and other materials or copies to the developer, and the developer will handle it on behalf of the developer, and the developer needs to prepare various items such as land payment and taxes payable, as well as the acceptance and delivery of the commercial housing and then go to the housing authority to apply for the real estate certificate.

    3. When applying for the real estate certificate, the owner needs to pay attention to the real estate certificate registration, and the property owner should be present when receiving the certificate, bring his ID card and sign. At the same time, it is necessary to pay relevant fees, including deed tax, stamp duty, production cost, etc.

    4. If there is a mortgage loan for the purchase of a house, the real estate certificate needs to be registered as a mortgage at the lending bank.

  2. Anonymous users2024-02-12

    If the name of one person is written in the house book, it belongs to him alone, and if he writes two people, it depends on whether the two people have agreed on the nature of co-ownership, if there is no clear agreement, it is considered to be co-owned if it is a family relationship, and if it does not have a family relationship, it is considered to be co-ownership by shares. If two people belong to the relationship of husband and wife, and the property is purchased after marriage, regardless of whether the names of both parties are written or not, it belongs to the joint property of the husband and wife and belongs to the joint ownership.

    That is, a person's name indicates that the house is owned exclusively by a person and can dispose of the house completely. When the real estate deed is in the name of two people, when disposing of the house, two people need to negotiate.

    If two people buy it together and only one person's name is written, then the property rights of the person who does not have his name written cannot be protected. At the top of the queue are the holder of the main title deed, and at the back of the line are the holder of the co-ownership deed. The distinction between responsibility and ownership depends mainly on the nature of your co-ownership.

    Co-ownership: There is no distinction between the co-owners in proportion to the common share, and the power and responsibility are equal; Co-ownership: Proportions, e.g. A holds 60% of the property and B holds the other 40%.

    New policy for writing names on real estate deeds

    1. As a written proof of ownership of the house, the real estate certificate can record whether it is co-owned or not. According to the relevant laws and regulations, the property can apply for a co-ownership certificate, which legally marks the joint ownership of the property, so theoretically speaking, there is no limit to the number of names on the property ownership certificate.

    2. The buyer and seller shall apply for the registration of real estate right transfer to the transaction registration department of the Land and Housing Administration Bureau with the application for real estate transfer registration, the real estate sales contract, the surveying and mapping drawings issued by the real estate surveying and mapping department, the original real estate right certificate, the identity certificate and other materials, so as to increase the co-owners of the house property rights.

    3. The buyer goes to the real estate entrustment notary department to handle the notarization of the gift of the house; to the surveying and mapping department of the Land and Housing Management Bureau to issue surveying and mapping drawings; The finance and taxation department handles the tax payment or exemption procedures; Bring the real estate registration application, tax payment or tax exemption certificate, surveying and mapping drawings, original real estate right certificate, notarial certificate of gift, identity certificate and other materials to the transaction registration department of the Land and Housing Administration to apply for the registration of real estate right gift, and add the donee as the co-owner of the house.

    4. Both husband and wife go to the notary department to go through the notarization procedures for the property separation of the husband and wife; The procedures for adding the name to the real estate certificate are the same as those in the case of a gift (the notarial certificate of gift can be replaced with the agreement on the separation of property between husband and wife).

    Summary: The above is the difference between one person and two people written on the title deed. Nowadays, although buying a house after marriage is the joint property of the husband and wife, there are still many families who will sign the house title certificate with the name of the husband and wife.

  3. Anonymous users2024-02-11

    Individually owned and jointly owned.

    If a person's name is written as belonging to him or her alone, writing two people depends on whether the two people have agreed on the nature of co-ownership, if there is no clear agreement, it is considered to be co-ownership, and if there is no family relationship, it is considered to be co-ownership. If it is a husband and wife relationship and it is purchased after marriage, regardless of whether the names of both parties are written or not, it is the joint property of the husband and wife.

    The property purchased by the husband and wife after marriage is usually the joint property of the husband and wife, and the house is jointly owned by the husband and wife, regardless of whether the name of one person or two people is written. Of course, writing the names of two people is a clarification of the rights of both parties, which is not only conducive to the subsequent handling of the property, such as sale, lease, etc., but also avoids the unclear identification of the rights and obligations of both parties in the event of a legal dispute.

  4. Anonymous users2024-02-10

    Legal analysis: The property certificate of the house is written on behalf of a person who owns the property right of the house alone, and has the right to dispose of it separately when the house is bought and sold. The real estate certificate writes two people, which means that the property right of the house belongs to two people, and when the house is registered and sold, it is necessary to jointly apply for registration, and the legitimate interests of the co-owner shall not be infringed.

    Legal basis: Article 596 of the Code of the People's Republic of China for the People's Republic of China Article 596 The content of a sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement methods, words used in the contract and its effect, etc.

  5. Anonymous users2024-02-09

    Legal analysis: After marriage, the property belongs to both husband and wife, and the house should belong to the husband and wife, and whoever name can be written. Writing the names of both spouses is a clear indication of the rights of both spouses and is conducive to the disposal of the property in the future.

    In the event of a legal dispute, the rights and obligations of both parties are more clear. If it is disposed of privately by one party, the other party may apply to the court to revoke the contract between one party and a third party, except for a bona fide third party of course.

    Legal basis: Article 13 of the "Housing Registration Measures" for co-owned houses shall be jointly applied for registration by the co-owners.

    The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.

    Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of the 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.

  6. Anonymous users2024-02-08

    The difference between one person and two people written on the title deed is as follows:

    1. Ownership: Writing a person's name means that they are separately owned, and they have a separate right to dispose of them when buying and selling second-hand houses. If the property is owned separately, the change of the real estate does not require the consent or signature of another person.

    Writing the names of two people indicates that the house is a joint house, and the co-owners should jointly apply for registration. The same is true for the purchase and sale of the same application. A co-owned house shall be jointly registered by the co-owners.

    Where an application for housing registration is made for a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.

    2. Nature of property rights:

    Co-ownership: There is no distinction between the co-owners in proportion to the common share, and the power and responsibility are equal;

    Co-ownership: Proportions, e.g. A holds 60% of the property and B holds the other 40%. In the case of co-ownership by shares, if there is no agreement and it is not possible to prove their own co-ownership ratio, the distribution shall be made according to 50% of each share, and the co-owners by shares can dispose of all their own parts without the consent of both parties.

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  7. Anonymous users2024-02-07

    1. The real estate certificate writes the difference between one person and two people.

    1. The difference between one person and two people written in the real estate certificate is as follows:

    1) Write a person's name: If the real estate certificate only writes a person's name, it does not mean that the house completely belongs to the property owner, which is divided into many situations, the most important is to see the funder of the property. Therefore, after buying a house, you should keep a good payment bill;

    2) Write the names of two people: If the real estate certificate writes the names of two people, then both husband and wife are also living with a fair and equal mentality.

    2. Legal basis: Article 1062 of the Civil Code of the People's Republic of China.

    The following property acquired by the husband and wife during the marriage 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.

    2. What are the conditions for writing the names of two people on the real estate certificate?

    1. If it is a husband and wife, two people need to hold their respective ID cards, household registration books, marriage certificates, the premise of household registration in different places, local tax payment or social security certificates, and proof of housing situation in the place of household registration.

    2. If it is not a husband and wife, the two people hold their respective ID cards, household registration books, marital certificates, and the premise of household registration in different places, they need to pay taxes or social security certificates in each place, and prove the housing situation in the place where they are registered.

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