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Does the sale of a house require the signature of a spouse?

Selling a house generally requires the signature of the spouse. However, only if the house belongs to the joint property of husband and wife, the signature of the spouse is required. If the house is the seller's personal property, the owner can dispose of it on his own without the consent of his spouse.

Legal Basis

Article 27 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the "People's Republic of China and Civil Code" (1)"

If a house rented by one party before marriage and purchased with the same property after marriage is registered in the name of one party, it shall be deemed as joint property of the husband and wife.

Article 28

If one party sells a house jointly owned by the couple without the consent of the other party, and the third party purchases it in good faith, pays a reasonable consideration and has completed the real estate registration, If the other party claims to recover the house, the People's Court will not support it.

If one spouse disposes of the jointly owned house without authorization, causing losses to the other spouse, and the other spouse requests compensation for losses during divorce, the people's court shall support it.