The real estate certificate only has the names of both husband and wife. If the property owner is owned separately, the woman’s signature is not required when selling the property. Otherwise, the signature of the spouse is required before the property can be sold.
Article 17 of the "Property Rights Law of the People's Republic of China"
The real estate ownership certificate is proof that the obligee enjoys the property rights of the real estate. The matters recorded in the real estate ownership certificate shall be consistent with those in the real estate registration book; if the records are inconsistent, the real estate registration book shall prevail unless there is evidence to prove that there is an error in the real estate registration book.
Extended information:
The house purchased by the couple during the marriage is the joint property of the couple, so each person will have half of the property rights in the event of divorce.
Couples can choose the following two ways to register and transfer house property rights when they divorce:
One is to change the property rights before the divorce, and the other is to change the property rights after the divorce. There is no need to pay deed tax and other fees when changing the name of the property owner before divorce, because at this time the house is still the sole property of the couple, and the house registered in the name of one party is still the sole property of both parties.
According to the "Reply of the State Administration of Taxation on whether to levy deed tax on changes in house ownership after divorce" (Guo Shui Han [1999] No. 391, June 3, 1999)
Guangdong Provincial Finance The Department has received the "Request for Instructions on whether to levy deed tax on changes in house ownership after divorce". After research, the reply is now approved as follows:
According to the provisions of my country's Marriage Law, the house owned by the couple *** belongs to the same person ***Have property.
The ownership of the original house to one party due to the division of marital property is a change in the owner's rights to the property, rather than a transfer of house property rights that is taxed under the current deed tax policy. Therefore, deed tax will not be levied on the original owner of the house property after divorce.
Therefore, when a couple transfers a house after a divorce, as long as they can provide a divorce judgment or divorce certificate and other valid documents that can prove that the couple is divorced, there is no need to pay deed tax and other fees, because the house transfer caused by the divorce Transfer is not a house sale.
Reference: Baidu Encyclopedia - Real Estate Certificate