How to Handle China Real Estate Related Matters in the US, Agent Phone 518-956-5673

Question:

What documents are required for buying, selling, or mortgaging property in China? Can it be done if I cannot return to China in person?

Answer:

The individual can apply for notarization of a Power of Attorney for property matters. The purpose of notarizing a Power of Attorney is to authorize another person to handle relevant procedures on their behalf when they are abroad and unable to do so personally. The notarization provides written proof of the authenticity and legality of the authorization. The authorized representative can then present the notarized Power of Attorney to relevant domestic authorities to smoothly complete the necessary procedures.

Question:

I want to authorize someone to sell my domestic property, but I haven't received the property ownership certificate yet. How can I apply for notarization?

Answer:

Whether applying at a domestic notary office or a Chinese embassy/consulate abroad, if the notarization involves property transfer, the applicant is generally required to submit the original or a copy of the property ownership certificate. If the certificate has not yet been issued, the applicant can first apply for notarization of a Power of Attorney authorizing someone to handle the property certificate application at the domestic housing authority.

Question:

If a property was purchased after marriage, should both spouses jointly apply for notarization of the Power of Attorney for the property?

Answer:

Property purchased after marriage is not automatically considered jointly owned by the spouses. According to Chinese law, spouses may enter into a written agreement specifying the ownership of property—whether pre-marital or post-marital assets are to be owned separately, jointly, or partially separately and partially jointly. In the absence of such an agreement, pre-marital property belongs to each spouse individually, while property acquired during the marriage is considered jointly owned.

Jointly owned property by spouses is one form of co-ownership. For notarization involving the transfer or management of jointly owned property, all co-owners must apply together, or written consent from the other co-owners must be obtained. If the property ownership certificate or other documents clearly indicate joint ownership by the spouses, both spouses should apply for notarization together.