Then, how to identify it in judicial practice? Whether the house sales contract signed by only one husband and wife is valid depends on whose name the house is registered. Look at the analysis below.
According to the law, the real right of immovable property is publicized through registration. Therefore, if the real estate license records the names of both husband and wife or the name of the non-signatory party, it is considered that the purchaser has the obligation to review the ownership status of the house according to the house ownership certificate. When the house * * * is registered in the names of both husband and wife or non-signatory, the buyer only signs the house sales contract with one husband and wife, and the signatory has not obtained the authorization of his spouse, at this time, it is not easy to assume that the buyer is in good faith. According to Article 51 of the Contract Law of People's Republic of China (PRC), after a contract is concluded by a person who has no right to dispose of other people's property, the contract is valid if it is ratified by the obligee or the person who has no right to dispose of it obtains the right to dispose of it. Therefore, without the consent of the seller's spouse, the effectiveness of the house sales contract signed under the above circumstances is to be determined. If the seller's spouse finally refuses to ratify the validity of the contract, the contract cannot be effectively handled. On the other hand, if the house is registered only in one spouse, the house sales contract is signed by the registered obligee.
Considering that the buyer only has the obligation of formal examination on whether the house seller has the right to dispose of the house. According to Article 17 of People's Republic of China (PRC) Property Law, the certificate of real estate ownership is the proof that the obligee enjoys real estate rights. In the process of real estate transaction, the buyer has reason to believe that the seller in the house sales contract is the sole owner and has the right to dispose of the real estate. The buyer has no obligation to examine whether the seller is married or not, and whether the transferred house is the same property as the husband and wife registered under only one name. In fact, it is difficult for buyers to find the above information. If the inspection obligation is imposed on the buyer, it will not be conducive to encouraging transactions, but will also increase unnecessary transaction costs. In modern social and economic life, maintaining transaction security is the value goal pursued by law. Therefore, in this case, it is appropriate to think that the real estate sales contract is valid. If the interests of the seller's spouse are damaged, the seller's spouse may claim compensation from the seller. In case 3, since the house is only registered in the name of Party B, and there is no other evidence to prove that Party A and Party B maliciously colluded to hurt Party B's spouse when signing the contract, the contract should be deemed valid. It is reasonable for Party A to ask Party B to deliver the house and handle the transfer after paying the house price.
When the house price rises gradually, driven by interests, the seller often puts forward various reasons for going back on his word in the process of performing the contract in order to strive for the greatest interests. Among them, it is more common to claim that the contract is invalid because only one of the husband and wife signs it and the other party disagrees afterwards. At the same time, if the buyer adopts mortgage payment or sub-mortgage payment, according to the current operation of Guangzhou Commercial Bank, if the seller is married, both husband and wife still need to go to the commercial bank to sign relevant legal documents in person. In order to avoid troubles in the future, it is best for buyers to ask the seller's spouse to sign the contract or ask the seller's spouse to issue a letter agreeing to sell the house. At the same time, try to shorten the time from signing to house transfer.
(The above answers were published on 20 15-09- 16. Please refer to the current actual purchase policy. )
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