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House sales lease of houses Second hand housing disputes Property disputes Property disputes

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What materials need to be prepared for property ownership transfer

The seller shall prepare the original and copy of ID card, marriage certificate (if applicable) and its copy; Account book and power of attorney (if the spouse cannot be present). Buyers need the original ID card, a copy and a copy of the household registration book. Singles also need a single certificate from the civil affairs department. We will check the real estate title certificate, and the transaction may require notarization of the contract, gift certificate, inheritance certificate, etc. If the property is mortgaged, the mortgagee's consent is required. The court shall submit legal documents such as judgments and rulings for compulsory transfer. Please ensure that all information is complete. #Property disputes 828 readings
The house without certificate can be regarded as legal after many years

Our country implements the unified registration system of real estate, and the change of house ownership needs to be confirmed by the real estate ownership certificate according to law. Houses built without legal procedures and legal documents are generally regarded as illegal construction. However, since 2008, some undocumented houses existing due to reasonable planning may not be deemed illegal if they meet the overall planning, and can apply for legal formalities. The houses without certificates must eliminate the adverse effects, and distinguish the newly-built houses from those left over by history. #Property disputes 1103 readings
Shanghai real estate needs to pay more taxes after five years

When a property in Shanghai is sold, it will be subject to 20% income tax on the profit from the transaction, or 1% of the overall house price. The term "five years old" here means that the house property right certificate has been issued for five years or more; "Not unique" means that the owner has more than one house registered with the Land Administration Bureau in Shanghai. #Property disputes 1344 readings
Can the house be transferred to minor children in divorce

The owner of the real estate has the right to possess, use, benefit from and dispose of the property, and the disposal of the property does not need to be subject to age restrictions. Changes in real estate rights and interests shall be registered and take effect according to law. Although some adults have limited capacity, they can carry out specific civil activities, including accepting gifts, with the assistance of legal representatives. After the marriage ends, the division of the joint property of the husband and wife needs to be negotiated or decided by the court, giving priority to protecting the rights and interests of children, the wife and the innocent party. Therefore, it is legal for the couple to donate the jointly owned property to minors under certain conditions when they divorce. #Property disputes 1113 readings

How to confirm the right of the house without certificate in the countryside

If the land is collectively owned or the property right is incomplete, the house property without property right certificate cannot be legally confirmed. If the land is a state-owned asset and the property right is fully enjoyed, the land transfer fee can be paid and the property right registration can be handled. The process of rural homestead registration includes: declaration, review announcement, approval, registration and issuance of ownership certificate. #Property disputes 1062 readings
How to identify the right of residence

The confirmation and establishment of the right of residence need to be recognized by the registration authority: first, through the contract agreement between the housing owner and others, then submit the contract and relevant materials to apply for registration. Registration is a necessary condition for the legal establishment of the right of residence. Without registration, it has no legal effect. The register is the key to judge the authenticity of the right of residence. The scope of the right of residence shall be clarified when it is established, and the termination of the right of residence shall be cancelled in time to eliminate possible disputes. #Property disputes 1150 readings
Whether the right of residence can be leased

The right of residence cannot be leased, which is expressly stipulated in the Civil Code of China, and does not have the characteristics of alienation and inheritance. The residence with the right of abode is forbidden to be rented unless there is a special agreement. The right of abode holder shall not transfer or dispose of the right of abode by will, nor have the right to mortgage. The lease under special circumstances shall be agreed by both parties. The residency contract shall be in written form, detailing the information of each party, residential location, conditions, duration and dispute resolution. The right of residence shall become effective after registration, and shall be cancelled upon expiration or the death of the right of residence holder. Understanding these legal provisions will help to correctly exercise and manage the right of residence. #Property disputes 1231 readings
What are the specific aspects of housing quality problems? What are the laws and regulations

The housing quality problems are mainly reflected in three aspects: first, the main structure defects, such as structural cracking, tilt or collapse, endanger safety; Second, living facilities, such as unstable water and power supply or poor sound insulation, affect daily life; Third, common defects, such as water leakage, floor delamination and wall peeling, affect the quality of living. #Property disputes 1128 readings

Win the lawsuit Disputes over the ownership of buildings to safeguard the rights and interests of the parties

Agent: Appellee result: Win the lawsuit

My value: Safeguarded the rights and interests of the parties through legal channels Detailed case>
Win the lawsuit Dispute over the house lease contract between Mr. Yuan and Mr. Zhou

Agent: defendant result: Win the lawsuit

My value: After several rounds of mediation organized by the law firm, both parties could not reach a mediation agreement, and the court only ruled that a claim of B was not tenable and rejected all claims. Detailed case>
Win the lawsuit When the house price rises, the seller defaults and helps the buyer to buy the house

Agent: plaintiff result: Win the lawsuit

My value: The reason for this case is that in 2018, the house price in Chongqing rose too fast, and the seller thought that he had lost, so he was unwilling to sell the house again. Lawyers, through litigation and preservation, let the parties buy houses at the original price in the wave of rising house prices. Detailed case>
Win the lawsuit Civil judgment of the first instance on the dispute between Long XX and Yang X over the house sales contract

Agent: plaintiff result: Win the lawsuit

My value: The defendant is limited to assist the plaintiff in repaying the third person, Chongqing Jiangbei Sub branch of Industrial and Commercial Bank of China Limited, within five days after this judgment becomes legally effective Mortgage loans outstanding for houses located in Shapingba District, Chongqing Detailed case>

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