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When a husband and wife buy a house, both husband and wife need to sign the contract. If only one party signs, whether the contract is valid or not needs to be treated differently as follows:
1. The other party who needs to sign only needs to have a power of attorney.
The contract is valid if signed by the entrusted person alone;
2. As long as the other party does not have a power of attorney, then the signature of one of the husband and wife is invalid when buying a house.
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The contract is valid. Whoever signs is valid for whomever signs. Whoever is the signatory has the obligation to perform the obligations stipulated in the contract, such as the obligation to pay the house price at the agreed time, and the failure to fulfill the payment obligation needs to bear the liability for breach of contract.
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In the process of buying a house, if one of the husband and wife does not sign, is the contract valid?In the process of buying a house, one of the spouses did not sign, and the contract came into effect after signing.
Contract Law of the People's Republic of China
Article 48: Contracts concluded in the name of the person subject to the law after the actor does not have the right, exceeds the right, or is terminated, is not effective against the person being recognized by the person, and the person bears responsibility.
The counterpart may urge the person being ** to make a retroactive recognition within one month. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the contract is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.
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If the husband and wife buy a house during the marriage relationship, whether it is signed by both husband and wife or one of them, the property belongs to the joint property of the husband and wife, so it is valid if one of the husband and wife does not sign the purchase contract in the process of buying the house.
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If the contract indicates that the buyer is two people, and only one party signs and the other party does not sign, the contract has not been signed, the contract has not been established, and the issue of validity cannot be discussed.
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Effective. If a husband and wife buy a house, and one party does not sign it, but only the other party signs, the contract is still valid.
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In the process of buying a house, one party does not sign, the contract is valid, and there is no law that stipulates that both parties must sign a contract to buy a house, but it does not affect that the house is joint property, I hope it will help you.
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According to the current regulations on buying houses in China: to buy a house during the marriage period, both husband and wife must be present, and the real estate certificate must be in the names of both people. So if one party does not sign it, the contract is null and void.
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The contract is valid, you are on the spot but you have not explicitly objected, so of course the other party's ** authority is valid.
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In the process of buying a house, if one of the husband and wife does not sign, the contract is still valid, because the husband and wife have family rights to each other.
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If it is a husband and wife who go to buy a house after marriage. Then it is not necessary for both parties to sign together. As long as the signature of one of the parties is valid.
If one party buys a house to give to the mistress or someone else. Then the other party can revoke the gift contract.
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If the purchase is jointly funded by both parties and two people are registered, the purchase contract will not be valid without the signature and seal of the other party.
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If you sign a purchase contract, you don't need to sign it for both husband and wife. It is valid if it is signed by one person. If it is an agreement between husband and wife, the unilateral signature is invalid.
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The contract that Party B has not signed will not take effect, and the contract will only come into effect if both parties sign the contract.
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In the process of buying a house, one of the spouses did not sign a contract to be valid, because you are a contract to buy a house, not who does the house belong to? As long as your husband and wife agree, this certificate is valid.
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If the contract is signed by one of the spouses in full, the down payment loan must be signed by both spouses, and the contract signed by one party is invalid.
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The reason is that the husband and wife buy a house together, and the names of both parties or one of them can be written on the real estate certificate, because no matter what happens, it belongs to the joint property of the husband and wife, and each accounts for 50%.
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If a husband and wife buy a house together, if they use the names of two people, then the contract must be signed by both people to be valid. If it is a person's name, only one person's signature is required to be valid.
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Hello, in this case, the contract is also valid, and it is only right to abide by the provisions of the contract.
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In the process of buying a house, the husband and wife only need one person to sign the purchase contract to take effect.
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The contract signed by one of the spouses is also valid during the purchase process.
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The contract is valid if one of the spouses signs during the purchase process.
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First, if the buyer of the purchase contract is a husband and wife, then both of them must sign at the same time, and two copies of the real estate certificate will be issued in the future, which is called joint ownership of the property.
Second, if the buyer of the purchase contract is one of the husband and wife, then the buyer can sign it, and the spouse does not need to sign it.
Third, if you take out a loan to buy a house, whether the buyer is a husband and wife or both husband and wife, you must sign the loan contract.
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If the title deed has two people's names written on it, the other party must sign it, and if it only has one name, then the title deed will only have one person's name written on it.
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A: In the process of buying a house, if one party does not sign it, the contract is invalid.
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In the process of buying a house, if one of the husband and wife does not sign, is the contract valid?
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Legal analysis: The sale of a house is a major matter and should be agreed upon by both husband and wife. If only one of the spouses signs, and the other party is not legally authorized, and the other party refuses to recognize, the signed contract is invalid.
If it is the joint property of the husband and wife, and the other party agrees to sell the house, the contract is valid if it mainly meets the requirements for validity stipulated by law. Therefore, a contract signed by only one of the husband and wife at the time of the sale of the house is invalid in principle, unless the other party recognizes it or the husband and wife have another agreement or the other party knows or should know the fact of the sale of the house and does not raise an objection within a reasonable period.
Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil law is valid for civil juristic acts that meet the following conditions: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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2. If the buyer is unable to sign due to special circumstances, he can entrust other adult citizens in writing to sign and press the seal as ** person. 3. As long as there is a written entrustment of the buyer, the signature of the first person is legally effective.
Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.
When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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Summary. Hello, generally speaking, if one of the spouses does not agree, the real estate sales contract is invalid; However, if the house is registered in the name of one party, and one party does not agree to the other party, the third party purchases the house in good faith, pays a reasonable consideration, goes through the registration procedures, and the other party claims to recover the house, the sales contract is valid.
Hello, generally speaking, if one of the spouses does not agree, the real estate sales contract is invalid; However, if the house is registered in the name of one party, and one party does not have the consent of the other party, the third party purchases the house in good faith, and the party pays a reasonable consideration for the late payment of socks, goes through the registration procedures, and claims to recover the house from the Shen Closed Li Party, the sales contract is valid.
Legal basis: Article 300 of the Civil Code of the People's Republic of China The disposition of jointly owned immovable or movable property and the major repair or change of the nature or use of the jointly owned immovable or movable property shall be subject to the consent of the co-owners or all the co-owners who account for more than two-thirds of the shares, unless otherwise agreed between the co-owners.
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Summary. Pro-<>
Hello, happy to answer your <>
If one of the husband and wife buys a house without signing the sale and purchase agreement, it is valid, and only the house sale and purchase contract signed by one of the husband and wife is completely valid.
Is it valid for both husband and wife to buy a house and one party does not sign the sale and purchase agreement?
<> "Hello, it's a pleasure to answer your <> for the judgment
Happy Chuntan] The husband and wife who bought the house did not sign the sale and purchase agreement is valid, and only the house sale and purchase contract signed by the husband and wife is completely valid.
Faqingyuan Law Basis: Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only have a legal reputation and binding force on the parties, unless otherwise provided by law.
Our husband and wife fancy a second-hand real estate, today I went to the intermediary and the owner to sign a sale agreement, with the ID cards of both husband and wife, I signed the agreement alone, paid a deposit of 50,000 yuan, after coming back my wife feels expensive, is the agreement valid? Can I go back? Can I get my deposit back?
Dear, it can be regarded as invalid, it can be reversed and the deposit can be returned. <>
Do I have to pay an intermediary fee?
Dear, you have to pay an intermediary fee. <>
I'm a buyer, do I have to pay?
Dear, you have to pay an intermediary fee. <>
Can the contract be reversed? Can I get my deposit back?
Dear, it can be reversed, because your lover did not sign, you can regret it on the grounds of disagreement, and the deposit can be returned. <>
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Summary. Hello, if one of the husband and wife does not agree, the real estate sales contract is invalid; 2. However, if the house is registered in the name of one party, and one party does not agree to the other party, the third party purchases the house in good faith, pays a reasonable consideration, goes through the registration procedures, and the other party claims to recover the house, the sales contract is valid. The law provides that a man and a woman may agree that property acquired during the marriage and property acquired before marriage shall be owned separately or jointly or partly separately and partly jointly.
The agreement shall be in writing.
Hello, if one of the husband and wife does not agree, the contract for the sale and purchase of real estate and sedan property is invalid; 2. However, if the house is registered in the name of one party, and one party does not agree to the other party, the third party purchases the house in good faith, pays a reasonable consideration, and goes through the registration procedures for Mingshen, and the other party claims to recover the house, the sales contract is valid. The law stipulates that a man and a woman may agree that property acquired during the marriage and before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.
Legal basis: Article 301 of the Civil Code of the People's Republic of China The disposition of jointly owned immovable or movable property, as well as the major repair or change of the nature or use of the jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all the co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners. Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or 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 existence of the marital relationship and the property before the marriage is legally binding on the double deficiency bridge verification party.
Where the husband and wife agree that the property acquired during the existence of the marital relationship shall be owned by each other, and the debts owed by the husband or wife to the outside world are known to the counterparty to be extinguished, the debts incurred by the husband or wife shall be paid off with the personal property of the husband or wife.
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The contract for the sale and purchase of a house is signed only by one of the husband and wife, and the contract is invalid.
The contract signed by one of the spouses for the sale of the house is valid. Because the husband and wife register the two states, if either party has equal rights to dispose of the joint property. Where one party buys a house jointly owned by the husband and wife without the consent of the other party, and the third party purchases it in good faith, pays a reasonable consideration and goes through the property rights registration formalities, and the other party claims to recover the house, the people's court will not support it.
If one of the husband and wife disposes of the jointly owned house without authorization and causes losses to the other party, and the other party requests compensation for the losses at the time of divorce, the People's Oak Demolition Civil Court shall support it.
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Summary. Only the contract for the sale and purchase of a house signed by one of the spouses is fully valid. This is because both husband and wife have equal rights to dispose of joint property.
The contract for the sale and purchase of a house is signed only by one of the husband and wife, and the contract is invalid.
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Only the contract for the sale and purchase of a house signed by one of the spouses is fully valid. This is because both husband and wife have equal rights to dispose of joint property.
This depends on who owns the house, if the house belongs to the joint property of the husband and wife, only one party signs is invalid, because part of the rights and interests of the house belong to the other party of the husband and wife, the contract law stipulates that if the contract is signed to infringe on the interests of the third party, the contract is not effective, if the house belongs to the personal property of the husband and wife, the contract is valid.
If the names of the husband and wife are on the real estate certificate, the single signature will definitely be invalid.
Dear, do you still have questions?
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