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Can only the house on the homestead be transferred?

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Article author:Yingting Lawyers Group | Update time:2023-08-02 | Reading times:144

Can only the house on the homestead be transferred? When transferring a house on a homestead, if the transfer registration is carried out and the right to use the homestead is transferred together, only the house shall not be transferred.

The lawyers of Beijing Yingting Law Firm have handled many complex dispute cases in the field of administrative litigation and have profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.

House transfer conditions
1. Qualification conditions for the main transferee: The land use right holder should be a member of an agricultural collective economic organization, or have direct relatives of its members or other designated status. The transferee of the house must be a member of the collective economic organization, that is, the homestead transfer adopts a policy of free transfer within the collective economic organization.

2. Adhere to the principle of one household, one home. Each household can only apply for one homestead and cannot apply multiple times. In the transfer of homesteads, the transferee should only own one homestead after agreeing to transfer the homestead.
3. Relevant approval procedures: If only the right to use the homestead is transferred during the transfer of homestead land, the registration of change of the subject of the "Homestead Use Certificate" and "Collective Land Use Certificate" must be processed.

If the right to use the homestead is transferred due to the sale of a house, the registration of the change of the subject of the "Homestead Use Certificate", "Collective Land Use Certificate" and "House Use Right Certificate" must be processed.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult with our lawyers at Yingting Law Firm.


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