In practice, to ensure that the property being sold is independently owned by the seller, the buyer often requires the seller to confirm their single status. So, is the certificate of single status a mandatory document in the procedures for buying and selling real estate?
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Is a Single Status Certificate Required When Buying and Selling a House? (Illustration)
According to the provisions in Article 118 of the Land Law 2013, a house for transaction must meet the following conditions:
- It must have a Certificate of Land Use Rights as prescribed by law, except as stipulated in Clause 2, Article 118 of the Land Law 2013;- It must not be under dispute, complaint, or litigation regarding ownership; it must be within the ownership period for houses with limited ownership period;- It must not be seized for enforcement of judgment or for the execution of an effective administrative decision by the competent state authority;- It must not be within the premises of a land recovery decision, a notice of clearance, or demolition by the competent authority.
One of the conditions is having a Certificate of Land Use Rights to prove that the seller is the owner of the house as prescribed in Point a, Clause 1, Article 119 of the Land Law 2013. Additionally, it must be ensured that the house is the separate property of the seller and not jointly owned by both spouses. According to Article 35 of the Law on Marriage and Family 2014, the disposition of common property must be agreed upon by both spouses, especially if it involves real estate, requiring a written agreement between the spouses. This implies that both spouses must consent.
Based on the above regulations, when conducting a house sale transaction, the seller must provide the following documents:
- Land Use Rights Certificate;- Identification card/citizen identification card or passport of the land user;- Marriage certificate if it is for a couple, or a single status certificate if not married.
Thus, to ensure the buyer's rights in a house purchase transaction, the seller must present a single status certificate to prove they have full authority in the house sale without involving a third party. This also ensures the rights of the spouse if no prior agreement was made about the sale of jointly owned property.
Thuy Tram
