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Is it legal for one spouse to sell the house without authorization

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Is it legal for one spouse to sell the house without authorization


        

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  • 2024-06-25 06:00:56

    According to the provisions of Article 78 of the General Principles of the Civil Law of the People's Republic of China and Article 89 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for trial implementation), the disposal of jointly owned property must be approved by the co owners. The Property Law of China also stipulates that the disposal of commonly owned immovables or chattels and major repairs to commonly owned immovables or chattels shall be agreed by all the co owners, unless otherwise agreed between the co owners. At the same time, according to the provisions of the Marriage Law of the People's Republic of China, the act of one spouse selling the house jointly owned by the husband and wife without the consent of the other party should be regarded as an act of unauthorized disposition. Therefore, one party of the husband and wife cannot sell the house jointly owned by the husband and wife alone. If the house is sold, the other party's joint property rights will be violated, and its act is a tort. According to Article 51 of the Contract Law, the contract of the person without right of disposition is only valid after the contract is ratified by the person with right or the person without right of disposition obtains the right of disposition after concluding the contract.
    However, we should also note that when selling the house jointly owned by the husband and wife, the contract should be signed or sealed by both parties, but in folk custom, one of the husband and wife usually signs the contract. At this time, although the other party did not sign the contract, but knew the fact of the sale and did not raise an objection, it should be considered that its implied consent, and afterwards, it should not deny the legal consequences of the disposition on the ground that it did not participate in the disposition in person.

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