Legal information

In Chinese society, it is necessary for couples to get married in most areas. A house is an important asset of a family. Many people use their life savings to buy a house to gain a sense of belonging. If they buy a house, they must apply for a real estate certificate. So what is the difference between one person and two people writing on the real estate certificate when a couple buys a house? Does the house belong to whose name is on the real estate deed? Let’s take a look with the editor of Yingting Law Firm.

The difference between a couple buying a house with one person and two people on the real estate certificate. When buying a house after marriage, whether it is written in the names of one person or two people, it is the joint property of the husband and wife. The main difference is that when buying a house before marriage, the name written on the real estate certificate represents the owner of the house. When buying a house before marriage, only two people's names are written on the real estate certificate, it is joint property of the husband and wife.

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1. According to the "Civil Code": Property after marriage belongs to both husband and wife. Your house should be owned jointly by both husband and wife. No matter who's name you write is fine.
2. The purpose of writing the names of two people is to clarify the rights of both of you, which will help to clarify the rights and obligations of both parties when there is a legal dispute in the future property handling (such as sale and purchase).
3. If it is disposed of privately by one party (theoretically, you need to issue a power of attorney, otherwise the transfer cannot be made).

You can apply to the court to revoke the contract between one party and a third party, except for the third party in good faith (this determination of good faith is a technical task). Does the house belong to the person whose name is on the real estate certificate?
1. Having a name on the real estate certificate ≠ having property rights to the house. Adding a name to the real estate certificate does not necessarily mean that there is property rights to the house. The validity of real estate rights comes from real estate registration.

As the property rights of real estate, the establishment, change, transfer and elimination of a house need to be registered in accordance with the law to be effective; without registration, it has no legal effect. Therefore, if your real estate certificate is inconsistent with the real estate registration book, and there is no evidence to prove that the real estate registration book is indeed wrong, you will suffer losses. Therefore, when allocating property rights, be sure to add your name to the real estate registration book, so that you have the property rights of the house.

2. If there is no name on the real estate certificate, you may still have the property rights of the house. If the house is bought after the marriage certificate, even if only one person's name is written, it is still the joint property of the husband and wife. Even if the house is bought solely by the parents, if it is not clearly stated whether it is for the children or the joint property of the husband and wife, the party without a name also has a share of the property rights. If you want to know more about this, you can consult lawyer Ying Ting for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.