Ji'nan Housing Authority reminds: "recessive common people" Beware of property being "sold"
source: Ji'nan times Author: Zhang Xiaoli
family habits in our country are used to register only one party as the right subject of the house, and the common person who is not registered on the certificate of ownership is called the "recessive co owner". Reporter survey found that the "five countries" rules before the implementation of second-hand housing transactions "burst period", some citizens as "recessive common people" rights and interests have been infringed. On the 19 day, Mr. Tang, who consulted the trading hall, was one of them.
the property market is related to the national economy, and property is related to thousands of households. For the first time, for the first time, the Ji'nan housing security and Property Management Bureau property registration center jointly sponsored the Ji'nan times for the Ji'nan housing market and the Ji'nan times of the Ji'nan housing security and Property Management Bureau.
this real estate special edition is divided into the property market transaction analysis, the real estate policy interpretation, the typical case analysis, the centralized question answer and the housing management service activity preview and so on. On the Tuesday of the authority issued by the authority of the Housing Authority, the public can intuitively understand the trend of the second-hand housing market in Ji'nan and the public purchase heat of the public in the near future. Through a typical case analysis, the public can avoid many traps in the transaction process; the real estate policy interpretation and the question of public consultation question answer questions. It can provide the public with access to policy and facilitate business operations.
Case: the property has a real estate that I sold
"I have just come back from the field, and my brother sold the house left by my father." Mr. Tang said that his brother had sold the house to other people and was left by his father. His father died without any will. Although the real estate certificate does not have his name, he must have a share.
"this kind of real estate" hidden common person "rights and interests invasion actually exists, most will evolve into the civil dispute. The relevant staff of the Legal Affairs Section of the registration center of the Municipal Housing Security Administration issued a typical case for reporters who had been kept on file. In 2000, Wang Qingguo, the citizen, went to the municipal housing security administration to register the ownership of the property in a certain place in the Huaiyin District, and got a property certificate registered under his own name. At the end of 2008, after the death of Wang Qingguo's wife, Wang Qingguo sold the property to two son Wang Kai, and both signed a house sale contract and applied to the housing authority to apply for a property transfer procedure. Wang Kai successfully registered a property certificate under his own name.
in early 2009, the city Housing Authority received a summons from the court. Wang Qingguo's eldest son, Wang Ming, sued the housing authority for the purpose of revoking the property certificate issued by the housing authority for Wang Kai.
Wang Ming believes that the property of the father and his brother should be owned by their parents, and after the death of the mother, he has the right to inherit the share of the mother's property. When his father and his brother did not split their property with themselves, he signed the contract of buying and selling of the real estate, and handled the formalities of the house, obtained the property certificate and infringed its legitimate rights and interests.
the reporter saw in the record that the case was adjudicating by the relevant court in the process of adjudication.
litigation: the effect of civil litigation is better than the administrative litigation
"in general, the real estate disputes are essentially civil disputes rather than administrative disputes." Zou Weigao, a lawyer of Shandong Zhong Ying law firm, said that in the above case, plaintiff Wang Mingxian had to conduct civil proceedings first in administrative proceedings.
the examination of administrative proceedings is whether the housing registration institution is legitimate as the specific administrative act of the housing registration, specifically, whether the administrative action is sufficient, the procedure is legitimate, and the application of the law is correct, but when there are civil disputes, the time for administrative litigation to solve administrative disputes is not yet ripe. Whether the property involved is property owned by husband and wife, whether the transaction between the plaintiff's father and the plaintiff's brother is effective is the problem that should be understood.
the eighth provisions of the provisions of the Supreme People's Court on the trial of housing registration cases, which are implemented in November 18, 2010, stipulate that "the parties shall be invalid or should be revoked as the cause of the civil law, such as buying and selling, sharing, giving, mortgaging, marriage and inheritance as the basis of the housing registration act." The people's court shall notify the litigant to first solve the civil lawsuit if the house registration action brings administrative proceedings.
analysis: whether the plaintiff's mother has a will is critical
Zou Weigao lawyer said, there are two key points in this case, one of the plaintiff's father Wang Qingguo's property is whether the husband and wife have property, and the second plaintiff's mother has a will. If Wang Qingguo bought the house in full before he got married, the property was owned by Wang Qingguo and could be bought and sold freely. If the property is bought for married couples, Wang Qingguo's wife is a "recessive person". After his wife's death, two sons and Wang Qingguo are direct relatives and spouses, and have the right to inherit all part of the wife's property. Of course, if a wife has a will, it's another matter.
the situation of the recessive common owner who has been registered as one person after marriage and marriage is very common, which has brought a lot of confusion to the trial of the court in practice. According to the provisions of the property law, the spouse is not the owner of the house, and the property rights of the house should be registered as one, and the owner of the property is presumed to be one person.
(case name is pseudonym)
"implicit" as "explicit" as "explicit" there are three ways of "explicit"
the best way to prevent "recessive common owners" is "recessive" to "explicit", that is to "add name" on property certificate. "." According to the current laws and regulations, it can be handled through three ways: Housing donation, purchase and sale, and production analysis.
assuming that Mr. Jia, the property owner, wants to add his son's name to his property card, he can choose to give the house part of the property to his son.
steps are as follows: first sign the housing grant contract, and then go to the tax department for tax payment or tax exemption formalities (according to the financial and tax department, the individual gives the house gratuitous gifts to spouses, parents, children, grandparents, grandparents, grandchildren, siblings and brothers and sisters, as well as those who bear direct support or support obligations. " Or a dependant, temporarily exempting business tax and personal income tax; the deed tax is paid by 3% of the value of the donated part of the house. Finally, the gift of the two sides to hold a gift contract, the original house said that there is a warrant and other materials, to the real estate trade hall to apply for housing transfer registration, to increase the son as a common owner.
want to add the name of his parents to their property certificate, and in addition to the way of the above gift, you can also choose to sell part of the house to their parents.
transaction process is carried out in accordance with the transaction procedures of second-hand housing transactions. If a second-hand house is less than five years, the seller pays the business tax, the urban construction and maintenance tax, the additional education fee, the personal income tax, the stamp tax and so on. The buyer pays the deed tax, the stamp tax and so on. However, according to different circumstances, some tax rates can be reduced.
if you want to add the name of your spouse on your own property card, you can choose to register in the house, in addition to the choice of the gift and the way of buying and selling. The method of increasing housing share by means of housing production is only applicable to couples.
procedures are as follows: the husband and wife signed a house analysis agreement and agreed on the property as a husband and wife; the marriage relationship between the two parties proved to be such as marriage certificate, house analysis agreement and other information, and applied for housing transfer registration in the house of Real Estate Trading hall, and increased the spouse as a real estate owner. (reporter Zhang Xiaoli)
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1. open limit purchase certificate, how to provide social security certificate in the provincial unit?
answer: unit opening certificate, the official seal of the unit, and the social security office of the province.
2. how did the court decide that the single purchase restriction of divorced single person should be submitted to the marriage certificate?
answer: the court's judgment and the marriage certificate issued by the civil affairs department at the place where the household register is located.
3. Ms. Wang called to consult, has issued the restriction proof, when the net sign, the single certificate has expired, can it still be used?
answer: on the basis of the certificate of the single certificate within the period of validity, the certificate of singleton has expired when the net is signed, and the registration and transfer are not affected. Is the
4. interchangeable property still need to open the restriction proof?
answer: No, no.
remind: the public property problem can be viewed through the scene service section of the Housing Authority's www.jnfg.gov.cn real estate trade hall, or call 0531-82077114 by telephone.