Can the property registered during the marriage period be registered in the name of one party unilat

Updated on society 2024-07-10
16 answers
  1. Anonymous users2024-02-12

    There are two types of property transfer between husband and wife:

    1. The period of marriage.

    If the property under the name of the husband and wife during the marriage needs to be transferred to the other party, both parties need to bring their identity certificates, housing ownership certificates, household registration books, marriage certificates, transfer confirmation approval forms and other materials to the housing management department for processing.

    2. The real estate is transferred after the divorce of the husband and wife.

    After the divorce, if the real estate under the name of the original husband and wife needs to be transferred, both parties need to bring their identity certificates, housing ownership certificates, household registration books, divorce certificates, divorce agreements, transfer confirmation approval forms and other materials to the housing management department for processing.

    It is just a reminder that the property being transferred must not have a loan and not be under mortgage.

  2. Anonymous users2024-02-11

    It depends on whether the house is purchased before marriage or after marriage, if the property purchased after marriage cannot go through the transfer procedures unilaterally during the continuation of the marriage, it must be signed by the husband and wife to be valid, I wish you happiness!

  3. Anonymous users2024-02-10

    Although the house is registered in the name of one of the parties, if it is purchased during the marriage, it is the joint property of the husband and wife, and the transfer of ownership cannot be done unilaterally.

  4. Anonymous users2024-02-09

    No, the property during the marriage is the joint property of the husband and wife and cannot be disposed of unilaterally.

  5. Anonymous users2024-02-08

    If there is only one party in the name of this real estate deed, then of course this person can go through the transfer procedures alone.

  6. Anonymous users2024-02-07

    During the marriage, even though the property is registered in the name of one of the parties, it is the joint property of both parties, and both parties must be present to make the sale.

  7. Anonymous users2024-02-06

    It depends on whose name is written on this house, if it is written in the name of the man, he can go through the relevant transfer procedures if he wants to transfer the house to you.

  8. Anonymous users2024-02-05

    No, two people must be present at the same time to transfer the ownership, otherwise it will be invalid.

  9. Anonymous users2024-02-04

    The registration of real estate during the marriage period in the name of one party cannot be unilaterally transferred, and both husband and wife need to be present.

  10. Anonymous users2024-02-03

    During the duration of the marriage, the property is registered in the name of one party, and the transfer procedures cannot be unilaterally handled, and both parties must be present.

  11. Anonymous users2024-02-02

    To go through the procedures for changing the name of the husband and wife, you only need to provide the stamp duty of 5 yuan on the real estate certificate, and you do not need to pay any other fees.

    The premise of going through the procedures for changing the name of the real estate certificate of the husband and wife is that the house ownership certificate has been obtained, and both husband and wife need to be present at the same time to fill in the "Application for House Ownership Registration".

    The specific documents to be submitted vary depending on the nature of the house, and the specific information to be submitted is as follows:

    1) If it is a house to be renovated, it is necessary to provide a certificate of the original selling unit, stating that the name of the property owner is allowed to be changed to the spouse due to heating reasons; If it is a commercial house or affordable housing, both husband and wife should write an application for change and briefly indicate the reason;

    2) A copy of the marriage certificate (original to be verified).

    3) Copies of the ID cards of both husband and wife (check the original).

    4) An agreement between the husband and wife to jointly own a house.

    5) House ownership certificate.

    6) Provide a copy of the original purchase contract for the house reform (check the original) (7) A copy of the attached drawings and registration form of the house ownership certificate. If there is no picture in the certificate, it may not be provided, and the name of the original property owner shall not be copied in the registration form.

    To go through the procedures for changing the name of the husband and wife, you only need to provide the stamp duty of 5 yuan on the real estate certificate, and you do not need to pay any other fees.

  12. Anonymous users2024-02-01

    If you don't get rid of each other's names, the house is the joint property of the husband and wife.

  13. Anonymous users2024-01-31

    Bring the marriage certificate, real estate certificate, ID card, and go to the housing authority to do the name change of husband and wife into your name.

    If you have a loan, you need the bank's consent to issue a certificate of consent to change the owner, and you have to come to handle the business with you.

    At the same time, a new warrant was issued.

  14. Anonymous users2024-01-30

    A divorce decree or divorce certificate is required.

  15. Anonymous users2024-01-29

    Legal Analysis: The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of jointly owned and destroyed property.

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

    Article 1062 The following property acquired by husband and wife during the period of marriage and repentance is the joint property of the husband and wife and is jointly owned by the husband and wife

    1) Wages, bonuses, and remuneration for labor services;

    2) Income from production, operation and investment;

    (3) the proceeds of 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.

    Article 1063 The following property shall be the personal property of one of the husband and wife:

    1) the pre-marital property of one of the parties;

    2) The compensation or compensation that one party has received as a result of the personal injury suffered;

    3) Property that is determined in a will or gift contract to belong to only one party;

    4) Daily necessities for the exclusive use of one side;

    5) Other property that shall belong to one side.

  16. Anonymous users2024-01-28

    Legal analysis: According to the provisions of the "Hand-and-Limb Code of the Civil Law of the People's Republic of China", after marriage, a man and a woman can negotiate the disposal of property during the marriage or before marriage, so if both parties agree through negotiation, one party can transfer the house during the marriage to the spouse.

    Legal basis: Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property 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 period of the marriage and the property before the marriage is legally binding on both parties.

    If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

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