Property Titles in China

[Markscuba1]

I have been visiting this site often over the last several years and everyone has been a great help in assisting me in getting me through the visa process. I was fortunate to have mine go smooth but it was still much stress until my wife received her approval.

 

Now onto the reason for my post. My wife currently own's 4 properties in China. Two of which she purchased prior to us meeting. The other two she placed a deposit around the time that we met and we just finished paying them off. She says that the first two don't have a goverment book on them. As such she says that they are not worth as much. The two more recent properties will have books on them.

 

I would love for somebody to give me some clarification on how she or we can own property without a book? Is this like owning the property but not having title?

 

She is also telling me that she needs to be in China in order to get the book on one of the new properties. The property is new and is one of many in the development. Is this correct or are there other ways in getting this accomplished?

 

Any assistance or suggestions would be greatly appreciated.

 

 

Mark

Edited April 16, 2011 by Markscuba1 (see edit history)

[xiaozhu]

There is no solid answer for your question. China has general national guidelines about real estates and housing purchases. However, the specific rules and policies vary across provinces and cities. Does your wife still have her own household account (Hukou) alive? It is the certificate and identity of her status in China. My recommendation is to contact her relatives who live in the city where her properties locate. Let them go to local housing administrations to inquire how the process is and whether it can be done through appointing a person to handle her affairs by power of attorney. I think if the case is complicated, it is better to do it by her/your own.

Edited April 17, 2011 by xiaozhu (see edit history)

[Randy W]

A Letter of Authorization can be used in China to have an agent, family member, or friend sell or purchase property for you. This one was used to purchase property in °ÂÀû»ªÔ°. The signature must be authenticated at the Chinese consulate.

 

Check with the bank or agent to make sure that the format is acceptable.

 

 

 

 

 

 

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[2mike&jin]

I have been visiting this site often over the last several years and everyone has been a great help in assisting me in getting me through the visa process. I was fortunate to have mine go smooth but it was still much stress until my wife received her approval.

 

Now onto the reason for my post. My wife currently own's 4 properties in China. Two of which she purchased prior to us meeting. The other two she placed a deposit around the time that we met and we just finished paying them off. She says that the first two don't have a goverment book on them. As such she says that they are not worth as much. The two more recent properties will have books on them.

 

I would love for somebody to give me some clarification on how she or we can own property without a book? Is this like owning the property but not having title?

 

She is also telling me that she needs to be in China in order to get the book on one of the new properties. The property is new and is one of many in the development. Is this correct or are there other ways in getting this accomplished?

 

Any assistance or suggestions would be greatly appreciated.

 

 

Mark

 

XiaoZhu - had a good answer. As examples: (1) My wife also bought a property prior to our meeting. Fortunately, we both continued to live in China - and when the NEW building finished, she was able then receive the "book" or title to the property. She had to wait until the property was delivered, then she had to wait until the developer "paid" the government for some kind of development costs - then she was able to finally get the book. She did this in person, but since she was her own "Head of Household" Hokou holder, she could not delegate to anyone...based on the purchase of the house being the reason she got to be her own head of household. (2) Last Fall, we returned to CHina, and put her 'deeded" parking space up for sale. She investigated, and then took her cousin to the "White Book Place/Notary Bldg" and got him a power of attorney to close the sale - if and when it sold. It did, he took care of it, and it worked like clockwork. Note...she and he "HAD TO GO TOGETHER" to sign the document at the Government Notary office. Some replies here indicate that she may be able to produce it via the Chinese consulate her....it is outside of my experience. (3) My wife had a house built for her grandfather when his mud/straw house fell down 3 years ago. When she built it...she had not title. It seemed that for that village/area - they were not ready to take any "Changes" and she just had to wait. She contacted her Uncle - who's wife does most of the 'local" government process for the village - and said to let her cousin register the house in his name...since it was a small town....everyone knew the entire story...and low and behold when the time came, last year sometime, the house got registered with the Government folks and the title is in the cousins name. My wife also - owned several "farm plots" that she "transferred over" to her uncle so he could continue to farm the land....it required her physical presence in the Province/area.....so as others say....it varies by location, type of property, and sometimes by a mix of family registration issues.

 

This is only an idle observation....but from my perspective...it's a plane ride...I would have my wife go back and clean up the property issues...of course getting everything set up from here via phone...so that it could be accomplished quickly. If she's very busy then it's an option that isn't available and perhaps a "power of attorney" via the consulate is the way to go. Best of Luck.

[yuehan123]

We 'purchased' a home in Nanning in late 2007 and fixed it up for living in. My wife's parents have been living there ever since. When the time came in early 2010 to issue the 'title', the 'book,' whatever you wanna call it, dad went down with my wife's ID and the authority to sign the papers.

 

No deal.

 

He was told the signing must be done in person, by the person who owns the property. My wife called the people handling the paperwork, their managers, several local attorneys and the Consulate in Houston.

 

Still No deal.

 

At least in our case, in Nanning, my wife's presence was the only option acceptable to the people in charge. If there were another way, we were unable to pursue it.