daily life daily
some citizens in Ji'nan are far away, buying a house in the name of a minor child, some children are just born into a small house. Lord. Little does it know that buying a house with a doll's name is simple, but it's not that easy to sell. Recently, the housing property registration center of Ji'nan Housing Authority has received many similar consultations.
women's property certificate can not be added to the mother's name
Ms. Liu and her husband bought a set of school room in early 2013, when they were bought in the name of the children, and quickly got the housing certificate. This year, the children will go to primary school. According to the requirements of the school, the children's account must fall on the property before they can enter school. When Mrs Liu arrived at the police station, she was told that a minor could not be a householder and could not settle down alone.
Ms. Lau asked the housing authority to add her own name to the child's property certificate so as to be the head of household when he settled down. But it's not the same. The staff of the housing management department said that mothers, as guardians, could not add names to their children's property certificates. This involves the legal issues of disposing the property of minors.
the house of minors can't sell
shortly before, Mr. Song, the citizen, sent his 16 year old son abroad to study abroad. After handling various formalities, he felt a tight fund. He had to sell a set of idle commercial rooms to prepare for the children's study expenses. The house was bought by the name of his son many years ago, and Mr. song soon found the buyer through the intermediary.
when consulting the transfer process, he learned that the minors' property needs to be handled by the guardian, and the guardians of both sides are present at the same time, and submit written guarantees that do not harm the interests of the minors.
Mr. Song has long been divorced, and now his ex-wife is in a foreign country. He can't go to the field. He does not understand that the court has made clear that the child is rearing himself. Why can't he dispose of the property?
the staff of the Ji'nan housing property Registration Center explained that the guardians, in accordance with the regulations of the civil law of China, were divided by the guardians. The property of the guardian shall not be dealt with outside the guardian's interests. The fourteenth item of the housing registration law requires that the registration of minor houses be dealt with, and the written guarantee for the interests of minors should be provided.
in accordance with the marriage law, a child who divorced after divorce is not allowed to deprive the other party of custody. Therefore, when selling the property under the children's name, Mr. Song has to have the guardianship of both sides to come together and issue a guarantee.
, as the guardian of the child, the above name added to the house property certificate, in essence, is the transfer of part of the house, the property of the guardians, and the interests of the guardian. Whether it's a sale or a gift, Ms Liu is her own agency and is invalid in law. So she could not add her name to her children's property certificate.
in recent years, the phenomenon of buying houses in the name of minors is increasing. It should be noted that guardians can buy houses for their underage children, but they have no right to dispose of the property of the guardians at will. Unless the guardian is the guardian for the interests of the guardian, such as minors need to treat major diseases, children need to study abroad, and so on, guardianship personnel can be disposed of by legal procedures.