Husband and wife * * * have real estate, and they must agree when selling the house!

Miss Zhang has a property in Liu Yun Community, Tianhe District. Because she had no time to look after it, she put the house on the market for sale. A week later, the buyer MISS ZHOU expressed interest in the house. After half a month's investigation, search, contact and understanding, MISS ZHOU decided to buy the house. As a result, buyers and sellers signed the "House Sales Contract" with the intermediary.

After the signing of the tripartite agreement, the buyer and the seller still need to go through the mortgage formalities, and there is a problem in the transaction at this time. Suddenly, Miss Zhang's husband, Mr. Wang, said that the house he traded was the property of two married people, but he was unwilling to sell it. Therefore, the previous purchase contract is invalid. In this way, Miss Zhang Can can only go back on her word and say that the house is not for sale. Property buyers are very confused after learning this news, because Miss Zhang was the only one who checked the property ownership certificate before. At that time, Miss Zhang also told her that she could dispose of the house without her husband's consent. Why is husband's opinion so important now?

There is only one person's name on the real estate license, and both husband and wife need to agree to buy and sell.

In other words, the time and energy of looking at the house are wasted. In a rage, MISS ZHOU sued the seller, Miss Zhang, and demanded that Miss Zhang pay 20% of the house price, that is, 200,000 yuan, as a penalty. Finally, the court ruled that MISS ZHOU won the case.

In this case, the house property certificate sold by Miss Zhang only has Miss Zhang's own name, and before the purchase, the buyer MISS ZHOU has reviewed and confirmed the property right. According to the legal provisions of real estate registration in China, the establishment, alteration, transfer and elimination of real estate rights are based on registration. Therefore, in the process of buying and selling transactions, Miss Zhang was identified as the sole owner of the house and signed a house sales contract with her.

On the other hand, although Miss Zhang said that the house is the property of husband and wife, this case is the relationship between the buyer and the seller. Under the condition that Miss Zhang did not show the buyer that the house had other owners, the house sales contract signed did not violate the mandatory provisions of China laws. Considering the above two points comprehensively, the court ruled that the contract signed by both parties was valid.

When the owner sells the house, especially when the house is jointly owned by husband and wife, it is best for the husband and wife to agree before selling it, so as to avoid unnecessary troubles and losses; When buying a house, the buyer should also confirm the property right of the house to ensure the smooth transaction.

(The above answers were published on 20 17-02-24. Please refer to the actual situation for the current purchase policy. )

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