Legal problems of buying and selling property

Hello, Kelly netizen! Regarding your question, cecimak would like to express the following views, but please note that these personal views are for your reference only and are not guaranteed to be absolutely correct!

Can two people jointly own a property and sell it unilaterally?

A: It depends on how the property is jointly held!

Assuming that it is concluded in the form of joint ownership commonly known as "long-life contract/life-and-death contract", any behavior of changing ownership, such as selling and renaming, must be signed and agreed by all owners! Therefore, the common property concluded in this form cannot be sold unilaterally!

Because the joint ownership is held by all owners equally, when one owner dies, the ownership under his name will be automatically transferred to other owners! Therefore, the owner can't sell it privately, or transfer the ownership under his name by making a will! This is the spirit of common rights and the protection of co-owners!

But if you hold the common property in a decentralized way, you can sell or transfer the ownership in your own name!

Because the ownership of decentralized * * * contracting is allocated and held in proportion, assuming that two people each hold 50%, that is, the property ownership is divided into two halves, which are jointly held by these two people. (The proportion can be * * *, 73%) In fact, there is ownership under their respective names! In this case, each property owner can dispose of part of the property rights under his name. If he wants to sell or give it to others, he doesn't need the consent of another co-owner. He can't interfere!

Therefore, to know whether the common property can be sold unilaterally, we must first know in what form we hold it together! But basically, most of the common joint property is shared, so that when one party dies, the other party can automatically inherit all the ownership!

And if one of them goes bankrupt, will this property be affected?

A: If one of the co-owners goes bankrupt, it will certainly have an impact!

First of all, from the moment he went bankrupt, the ownership under his name was confiscated by the Official Receiver's Office according to law, so this property became jointly held by another owner and the Official Receiver's Office (assuming that this property is jointly held)!

If another owner wants to sell the property, he doesn't need the consent of the bankrupt, because the property ownership is no longer in his name! On the contrary, it needs to be discussed with the Official Receiver's Office. After discussing with the department how to distribute the proceeds after the sale (the department will request to recover part of the proceeds from the sale under the bankrupt's name), the department will agree to sign the sale of the property!

If the sales income is more than the bankrupt's debt, then the bankrupt can cancel the bankruptcy order! But there will be no return of the balance of the property price, because the property is no longer in his name, and the loss has nothing to do with him!

And assuming that another owner does not intend to sell the property, the department will take the initiative to ask him to buy back all the ownership! When he refused, the department could not forcibly confiscate the property for auction, because the other owner was not bankrupt! At this time, it is convenient for the department to nail the property and prevent the property from being sold and renamed!

In this case, another owner can continue to occupy the property, but this department will not be responsible for paying the contribution, rates, management fees, maintenance fees and so on! Since the property ownership cannot be changed after signing the lease, the property ownership will be taken over by the Official Receiver's Office after another owner retires for a hundred years!

Reference: cecimak's experience and understanding as a bankrupt! I hope I can help you! , two questions:

1/. The husband wants to sell the property jointly owned by the husband and wife, but the wife refuses to completely compromise. What should I do?

2/. The property was completely set by the husband, and the wife didn't pay a penny. Does this mean that the husband has a say? Zhuo Jie has entered the sixth year unconsciously. After ups and downs, the scale of the company's development has gradually matured. Although the number of transactions in the market has decreased in recent years due to policy problems, the number of transactions in the whole company can still stand above 360 in the past two years and continue to move forward. We have a huge market share in Kwai Chung, even surpassing other big companies. Thanks to the efforts of our colleagues, we have achieved market-leading success in several major real estate transactions. In line with the tenet of "excellent achievement and excellent service", we will continue to provide you with high-quality, satisfactory, professional and comprehensive excellent service.

Trusty/, common property, can only be sold after the consent and signature of the joint owner.

If one party goes bankrupt, his share of property value will be controlled by the bankruptcy administrator. Even if he agrees to sell, his share will be used to repay the debt. If the property is rented, his share of the rental income should also be paid off.

However, if other owners do not agree to sell, it will not affect for the time being.