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Is it possible for a spouse to sell the sale and purchase contract signed by the husband and wife jointly?

Author :Tianjin Bo Law Firm   Time :2019-01-04

With the rising house prices, many people have given up the idea of buying new houses, and more and more people are buying second-hand houses. The property rights of second-hand houses are also intertwined with the marriage and family property system of the husband and wife's common property. It is necessary for everyone to have a basic understanding of the effectiveness of the sale and purchase contract signed by the spouse for the sale of the husband and wife.

The Marriage Law and Judicial Interpretation stipulate that the husband and wife have equal rights to deal with the property jointly owned by the husband and wife, that is, the husband or wife’s rights in dealing with the joint property of the husband and wife are equal, and the husband and wife’s joint property is handled because of daily life needs. The right to decide whether the husband or wife does not make important decisions on the joint property of the husband and wife due to daily life needs, the husband and wife should negotiate on an equal footing and reach a consensus. Others have reason to believe that they are expressed by the common intention of both spouses, and the other party shall not be against the bona fide third person by disagreement or ignorance.

Specifically, the issue of whether the spouse’s unauthorized sale of the sale and purchase contract signed by the spouse’s common property is generally examined and determined in the judicial practice from the following aspects.

First of all, the sale of real estate is a major issue in the family. It is not a matter of daily life. Therefore, the sale of the joint property of the husband and wife should be agreed to be sold by the spouses. The unilateral party has no right to decide.

Secondly, in the case where the husband and wife are not actually agreeing, although it is a sales contract signed between the spouse and the buyer, if there is a situation in which the spouse knows that the sale of the property does not object or even assists in the partial processing, this is enough The buyer has reason to believe that the sale of the property is the common meaning of the husband and wife. At this time, the spouse cannot claim that the contract is invalid on the grounds of disagreement or ignorance, and asks the buyer to return the property.

Finally, there is a special case where the spouse sells a couple's shared property registered only in their own name, and does not obtain the consent of the spouse. In this case, if the buyer has reason to believe that the seller is a real estate. The sole owner, based on the principle of publicity and public trust of real estate, the contract of sale signed between the seller and the buyer should be considered valid.

The real estate transaction process is a complicated process, often involving different laws and regulations such as the Contract Law, the Property Law, and the Marriage Law. Therefore, you should try to know the details of the seller and the details of the property before purchasing. In case of disputes, it is necessary to save the evidence in a timely manner, and even seek counsel guidance and help to prepare for the possible litigation.


Author: Jia Wang, LLB, Tianjin Bo-designed law firm full-time lawyers, businesses involved in real estate construction law matters, contract disputes legal affairs, legal affairs trademark disputes, infringement disputes and other legal matters.

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