How to confirm the ownership of the bought and sold rural houses without transfer? How to transfer ownership?

There are many cases of buying and selling houses in rural areas, but in the past, everyone in rural areas did not have the habit of doing real estate licenses. The house sale only signed an agreement, but did not go through the transfer formalities. In recent years, all parts of the country are carrying out the work of land confirmation, and the work of homestead confirmation is also proceeding in an orderly manner. A friend asked, how can the ownership of rural houses bought and sold be confirmed? How to transfer ownership?

1, to see if the rural housing sale is effective.

Since 1999, the state has promulgated many documents to regulate the use of homestead and strictly limit the users of homestead. According to relevant laws, regulations and policy documents, after 1999, city dwellers are not allowed to buy a house in the countryside, and the sales contract is invalid, let alone handle the transfer procedures. Therefore, if the city people go to the countryside to buy a house after 1999, the house will undoubtedly be registered in the original owner's name when it is confirmed.

However, if the house has been bought and sold for a long time, and there are no laws, regulations or policies to restrict the users of the homestead at that time, then anyone can buy a house in the countryside on the premise of voluntary buyers and sellers, and the sales contract is valid. According to Article 15 of the Property Law, a contract on the establishment, alteration, transfer and elimination of the real right of immovable property concluded between the parties shall come into effect when the contract is established, unless otherwise stipulated by law or the contract; Failure to register the real right shall not affect the validity of the contract. ? That is to say, as long as the sales contract is valid, the transferee can apply for confirmation and registration with the sales agreement and other documents without going through the transfer formalities.

To sum up, if the house sale is valid, the house will be registered with the transferee even if the transfer formalities are not handled; If the sale of the house is invalid, the house will be registered with the original owner.

Special note: if the purchased house does not have any ownership certificate, it can only be confirmed after completing the formalities. The basis is as follows:

According to the relevant provisions of Article 8 of Several Opinions on Registration and Certification of Rural Collective Land (Guo Tu Zi Fa [201]No. 178), the historical use and present situation of collective construction land without proof of ownership source should be ascertained. If it is legally used, the village committee will issue a certificate and announce it without objection for 30 days.

2. How to transfer the ownership of rural houses?

The property right of the house is to be registered, so the sale of the house not only needs to sign the house sale agreement, but also needs to do an important thing, that is, transfer registration.

How to go through the transfer formalities? What materials do I need to prepare for transfer registration? Many people don't know much about it. "Provisional Regulations on the Registration of Real Estate", "Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate" and other documents have introduced this in detail, and friends who are not clear can check it out. In addition, you can also go to the local real estate registration center to consult the staff.

Special reminder: At present, there are more and more disputes over the sale of rural houses. Everyone should act according to law and buy and sell houses according to law. When buying and selling a house, you should sign a formal sales contract and handle the transfer formalities in time. Because you don't sign a formal sales contract and go through the transfer formalities, you may cause a series of troubles in the future, and it will be too late to regret it.