What is the basis for the transfer of housing ownership?

The transfer of real estate ownership is subject to the registration of real estate, and the establishment, alteration, transfer and elimination of real estate rights will only take effect after the registration of real estate. Therefore, real estate registration is needed to change ownership.

Legal analysis

The certificate of real estate ownership is the proof that the obligee enjoys the real estate right. After the real estate registration agency completes the registration, it will issue the certificate of real estate ownership to the applicant according to law. A party holding a real estate ownership certificate can prove that he is the owner of the property right registered in the real estate ownership certificate. Although the certificate of real estate ownership has the function of proof, its probative force comes from the registration of real estate register, rather than the certificate itself being the registration of property rights. Therefore, the relationship between the certificate of real estate ownership and the real estate register is as follows: the real estate register completes the publicity of real estate property rights, and the ownership and content of real estate property rights are subject to the records in the real estate register; The certificate of real estate ownership is only the external manifestation of the contents recorded in the real estate register. In short, the real estate register is the mother of real estate ownership, and the real estate ownership certificate is the certificate to prove the contents of the real estate register. Therefore, the items recorded in the real estate ownership certificate should be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong through legal procedures, the ownership of property rights shall be subject to the real estate register. Forged or altered real estate ownership certificate or real estate registration certificate, or the sale or use of forged or altered real estate ownership certificate or real estate registration certificate, shall be confiscated by the real estate registration institution or the public security organ according to law.

legal ground

Article 217th of the Civil Code of People's Republic of China (PRC) is a certificate of real estate ownership, which proves that the obligee enjoys the real right of real estate. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.