Apartment Certificate in China, Foreign Spouse Must Appear?

[Beachey]

Here is my situation, before we left China my wife bought an apartment that was only in her name. It was a new building so she never got the certificate before we left. I am guessing this similar to a deed here in the US. These certificates are now available since the construction is completely done. However, since her hokou now says she is married they are telling her that I need to be physically present with her to pick up this certificate. My wife plans on going to China in about a month but I am not going. The plan right now is for me to go next year.

 

In talking with these people, they mention I could go to the embassy, I think they meant the US Embassy in China. It sounds almost like I could give some type of power of attorney to my wife?

 

Has anyone run into a similar situation? Is there anything I could have signed that would allow my wife to pick up the certificate? Getting the certificate means more to my wife, I don't see the big issue in waiting a year but even though she has been here 2 1/2 years she still needs to keep those Chinese connections.

 

Any help is appreciated.

[Randy W]

We didn't have to do that, but we weren't married in China. Work with them as to what they require. I'm surprised they wouldn't let a relative sign for you or your wife.

 

It might be easier to head to the Chinese consulate in the U.S. I'd expect they'd have any paperwork you need there.

[Beachey]

So this is what I got back from the Chinese Consulate in Los Angeles.

 

 

 

If you live in South California, New Mexico, Arizona or Hawaii, you may apply an authentication for your Power of Attorney through our office. The procedure is, first, to get your Power of Attorney notarized by local notary public, then, get it certified by the Secretary of State of California (if applicable), last, get a consul authentication from our office. The documents for consul authentication are your passport (both original and copy), an authentication application form and the Power of Attroney that has been certified by the Secretary (both original and copy).

 

So my next question, is certification by the Secretary of State in California a California thing, do you need to do this in other states? I am in Arizona.

 

Anyone ever do this before?

[credzba]

We did similar thing, bought an apartment (was in both our names though).

Wife got power or attorney from me to buy it because I was in the states and she was in China.

 

The process is they want a notarized power of attorney from you.

1) You get a normal notary at the bank to notarize your signature.

2) You pay the secretary of state in your state (cause notary is a state thing) to authenticate the notary .. In Texas they staple a page to the back of the document and staple it all the way through. Basically its just stating that notary is authorized by the state, not a forgery.

You can't separate the document or you invalidate the authentication.

3) You get the Chinese consulate to authenticate the notary and the secretary of state seal.

 

Then your done.

Truthfully it is just a pia to get everyone money I think because no one does anything but stamp their seal on it, but then thats why they call it bureaucracy.

 

The next step is (if its only your wife's apartment) is to get your name OFF of it, otherwise you go through this same pia when/if she wants to sell it.

When your in China next year be sure and get your name removed from the apartment.

[Beachey]

All right cool, the problem is I am not on the apartment but her hokou says she is married (we were married in China) which is why they want my permission. One advantage to a K1 and getting married in the USA.. You are right, bureaucracy.

[Randy W]

We did similar thing, bought an apartment (was in both our names though).

Wife got power or attorney from me to buy it because I was in the states and she was in China.

 

The process is they want a notarized power of attorney from you.

1) You get a normal notary at the bank to notarize your signature.

2) You pay the secretary of state in your state (cause notary is a state thing) to authenticate the notary .. In Texas they staple a page to the back of the document and staple it all the way through. Basically its just stating that notary is authorized by the state, not a forgery.

You can't separate the document or you invalidate the authentication.

3) You get the Chinese consulate to authenticate the notary and the secretary of state seal.

 

Then your done.

Truthfully it is just a pia to get everyone money I think because no one does anything but stamp their seal on it, but then thats why they call it bureaucracy.

 

The next step is (if its only your wife's apartment) is to get your name OFF of it, otherwise you go through this same pia when/if she wants to sell it.

When your in China next year be sure and get your name removed from the apartment.

 

 

It's not clear why they would want an American power of attorney form, which needs the authentication. Do they not have an equivalent form at the Chinese consulate for use in China?

 

The authentication process is required for American legal documents to be used in China, but would not be required for a Chinese legal document. The authentication process authenticates the document, NOT the signature(s).

 

 

 

All right cool, the problem is I am not on the apartment but her hokou says she is married (we were married in China) which is why they want my permission. One advantage to a K1 and getting married in the USA.. You are right, bureaucracy.

 

We were married in the U.S. and had to use the authentication process to authenticate our marriage certificate for use in China.

[credzba]

I can only answer this is what they required Randy.

 

My wife had a power of attorney document in Chinese that she scanned and sent to me in America.

I was required to get it notarized/authenticated by state/authenticated by Chinese consulate and mail it back with original signatures/stamps etc.

 

Whether that was legally required, somebody in China yanking my wife around, or something else, I dunno, I just do what I am told.

[Randy W]

I can only answer this is what they required Randy.

 

My wife had a power of attorney document in Chinese that she scanned and sent to me in America.

I was required to get it notarized/authenticated by state/authenticated by Chinese consulate and mail it back with original signatures/stamps etc.

 

Whether that was legally required, somebody in China yanking my wife around, or something else, I dunno, I just do what I am told.

 

 

Okay - the only thing that's American in there is the notary, aside from your signature (which will be the same on any document). It's not clear why you couldn't simply sign it at the Chinese consulate, unless they're relying on the signature verification by the notary.

 

For example, in reverse - my wife went to the American consulate (Guangzhou) to sign an American power of attorney for me to sell our house.

 

But, yes - it all boils down to what you said - go along with whatever they're expecting.

[Doug]

Yeah, a document with the state office, in Austin in my case, that staples the extra page, don't remove or invalid, which makes for difficulty in making copies. The state looks up the name of the notary or the person in the county clerks office who stamped a seal on to the papers in your county. Then the Chinese consulate sticks a thing on the back side of the document, about the size of a visa and pretty too. Then everything seems to work.