1. Whether the house belongs to the joint property of husband and wife does not depend on whether the names of both parties or one party are recorded in the property ownership certificate. As long as it is a house purchased with the same property after marriage, whether it is registered in the names of both parties or in the name of one of the spouses, it belongs to the common property of both husband and wife.
2. The main differences between the legal consequences of real estate registration under the names of both parties and one party. When the real estate registered in the name of husband and wife is transferred to the outside world, both husband and wife, as the transferor, need to sign for approval. When handling the property transfer, both parties need to be present together. When the real estate registered in the name of one spouse is transferred to the outside world, it only needs the signature of that spouse as the transferor. The registrant may be present at the transfer registration. In this sense, registering both husband and wife as property owners, although the procedures will be a little cumbersome in future property transfer, can effectively prevent one party from maliciously transferring property at a low price, thus helping to strengthen the joint control of both husband and wife over property.
It should be noted that at present, some local real estate registration departments will require the owner to provide his marriage certificate or unmarried certificate (such as household registration book) when handling the transfer procedures of all personal real estate. In the case of confirming that the owner is married, the registration authority will require the owner to be present and sign at the same time when handling the real estate transfer formalities, otherwise, the written consent of the spouse must be obtained and a confirmation letter of the consent of the spouse must be submitted. If this practice can be widely promoted, it will be very beneficial to strengthen the protection of husband and wife's property and prevent one party from maliciously transferring property.
1. In order to prevent one party from transferring the property privately, both husband and wife can register as the owner of the property by purchasing the house together.
2. The husband and wife registered in the name of one spouse have a house, and the husband and wife have the right to request the housing management department to change the name of one spouse to the name of the other or both. This is the change registration in the registration of house ownership. There is no need to pay taxes for this business, but only the registration fee in 80 yuan and the cost of each property certificate 10 yuan. Therefore, both husband and wife can apply for the name change of the property owner according to the actual situation.
3. When applying for the change registration of the property owner between husband and wife, both husband and wife should apply for registration at the same time, cooperate with the staff of the registration authority to answer questions about registration, and submit the following materials: (1) The original application for registration; (2) the identity certificate of the applicant; (3) the original house ownership certificate; (4) The original agreement that both husband and wife have a house; (5) Marriage certificate or marriage relationship certificate; (6) Two copies of house registration form and house plan.
Hope to adopt, thank you.