"Can the house buying a house can also be regarded as the owner?" The man's election of the industry committee was stunned, and a detail made the neighbors anxious

On the production certificate of the house

Only the name of the husband and wife,

Is the other party the owner?

in reality,

I am afraid that few people will be more real for this.

For example, in the eyes of the property,

The homeowner's spouse, child or parent,

All of them are the owners.

But,

Law owner,

There are really tips.

Recently, Wenyan's community industry committee election,

Regarding the identity of the candidate and owner,

Treating a small storm.

"A total of 15 people signed up for the general election of the industry committee. One of the production certificates submitted by one when they signed up, not his own name. Many owners questioned that he did not have the identity of the owner and could not register. A owner of the community reported.

The election law of the community industry committee stipulates that the candidates must be the owner of the community. In fact, the election methods of all community industry committees have this rule. The candidate has been in the community for many years, and has always been self -owned by the owner. Why is there no his name on the production certificate? It was confirmed that the house was his wife's pre -marital property. In reality, this kind of situation is actually quite common.

So,

There is only the name of the wife on the house production certificate,

Is the candidate considered an owner?

Legal "owner" identity,

How is it defined?

New version implemented on March 1 this year

The "Hangzhou Property Management Regulations" clearly stipulate,

"Owner" is the "owner of the house".

"In our country, the owner of the house shall be based on the registration of the production certificate. As long as the production certificate does not have its own name, even if it is a legitimate marriage relationship, it only has a certain property right (such as the house is purchased by the mortgage, and the mortgage repayment part belongs to the marriage part. Later common property, once divorce can be divided in proportion in the future), but it cannot be regarded as the owner of the house. That is to say, the unknown party is not an owner and does not have the legal qualifications of the election industry committee. "Junan Century Law Firm Lawyer Xiao Lin said.

However, there is also an exception of the situation, that is, after buying the house, I have not handled a certificate of production, and it is also identified as the owner in judicial practice. According to the Supreme Law "Several Issues on the Application of Laws of Buildings to Disputes on Ownership of the Buildings", the facts based on real estate buying and selling behaviors and legal possession are identified as owners. This situation is more common in many resettlement housing communities in Hangzhou. Although it is not applied for a production certificate, the owner's identity is not a problem. However, this agreement is limited to the new house. If the second -hand housing is traded, the buyer cannot be identified as the owner.

"This situation does not meet the requirements for registration. If he still wants to continue the election, we will recommend that he go to the production certificate to add a name." A community staff in the urban area told Qianjiang Evening News · Hours.

It is reported that the candidates have added their name on the production certificate afterwards, which means that the legal owner has been obtained. However, the storm of this incident has not subsided, because the candidate was a member of the previous industry committee, which means that he was elected as a member of the industry committee as a non -owner, and the legitimacy was obviously a problem.

Source: Qian Newspaper Hangzhou Real Estate Qianjiang Evening Newspaper Correspondent Li Yiheng Jiang Minhua

Source: Qianjiang Evening News

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