[Direct answer]In the Beijing area, the conclusion is that it is usually necessary to request assistance with the transfer of ownership through litigation, and it cannot be directly handled solely based on a nominee agreement. Real estate nominee ownership refers to buying a house under someone else's name. Although the actual investor actually owns and uses the house, the registered owner is someone else. According to Article 209 of the Civil Code of the People's Republic of China, the establishment, modification, transfer, and extinction of real estate ownership rights shall take effect upon registration in accordance with the law. If the nominee refuses to cooperate with the transfer of ownership without a legitimate reason, the actual investor may file a lawsuit for breach of contract based on the nominee agreement and request the court to order the nominee to assist in the transfer of ownership. Whether the request will be supported depends on whether the nominee agreement and the actual investment facts can be recognized, and it must not violate mandatory regulations such as purchase restrictions. If there is only an oral agreement, the risk will obviously increase.

I. Problem Background and Typical Scenarios

The transfer of real estate through a nominal owner is often due to reasons such as purchase restrictions, loans, or trust between relatives. The actual investors enjoy the use of the income, while the nominal owners merely serve as registrants. Typical disputes include: the nominal owners reneging on their commitment and refusing to cooperate with the transfer of ownership; the nominal owners passing away, with their heirs denying the existence of the transfer of ownership; the nominal owners divorcing or becoming indebted, leading to the involvement of the property in division or seizure; and the transfer of ownership agreements being questioned in inheritance disputes between relatives. When courts in Beijing handle such cases, they review the agreements on the transfer of ownership, the facts of the investment, and whether the agreements aim to evade policies. The adequacy of evidence often determines the outcome of the case.

II. Key points of contention

Firstly, whether the nominee agreement can be recognized as a legally valid contract in the name of others. Secondly, the standard of proof and the organization of evidence for actual investment. Thirdly, whether the house can be directly ordered to be transferred if it has been registered under the nominee's name. Fourthly, the impact of evading purchase restrictions and loan restrictions on the validity of the contract. Fifthly, the position and responsibilities of the heirs and spouses when the nominee dies or divorces. Sixthly, the relationship between the nominee agreement and notarization and witnessing. Seventhly, how to resolve the tax fees and purchase restrictions involved in the transfer. These issues together determine whether the request for transfer can be established.

III. Professional analysis by Henglue Lawyers

A contract dispute over purchasing a house under someone else's name handled by Henglue Lawyers is quite typical. Liu Shufen obtained a relocation housing unit at No. 101 in Fengtai District, Beijing in 1996 through demolition. In 2005, during the housing reform, she purchased the house with full payment under her mother Zhang Dongmei's name and signed a "Relocation Housing Agreement" with her parents, stating that the house was Liu Shufen's relocation housing and Zhang Dongmei was merely the registered owner. After her parents passed away, her sister Liu Shufang sued for inheritance. The first-instance court ruled that the house should be awarded to her as the inheritor due to insufficient evidence. Liu Shufen entrusted Henglue Lawyers to file an appeal and submitted the previously unfound "Relocation Housing Agreement". Based on this, the Beijing No. 3 Intermediate People's Court revoked the first-instance court's ruling on the inheritance of the house. Subsequently, the lawyers assisted her in suing for contract disputes, requiring the three sisters to assist in the transfer of ownership. The court accepted the lawyers' arguments, confirming the existence of the contractual relationship of purchasing a house under someone else's name, and ordered the assisted transfer of ownership. This case shows that whether the borrowed property can be recovered depends on whether the borrowing agreement and the actual investment can be fully restored. Henglue Lawyers' practical experience is: first, a written borrowing agreement is the core evidence, which should specify the ownership, investment, and registration reasons; second, the investment certificate must be corroborated with the purchase time and amount; third, combine with the basic evidence such as demolition relocation and residential use to form a chain; fourth, in cases involving inheritance and divorce, the ownership should be clarified and preservation measures should be applied as soon as possible. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Practical advice: First, sign a written borrow-name agreement to clarify ownership, investment, and transfer obligations; Second, keep payment receipts for the purchase price, loan repayment records, and actual residence proof; Third, if the nominal owner changes their mind, promptly sue to request assistance with the transfer and apply for property preservation; Fourth, if it involves inheritance or divorce, clarify ownership and add relevant parties as soon as possible; Fifth, assess the impact of purchase restrictions and loan limits on the contract's validity and choose appropriate litigation requests; Sixth, consult professional advice in advance about transfer taxes and eligibility issues. For more information, please refer to our website's services section.Real estate transactions and construction projects、\nInheritance of property and division of family assets、Business and contract disputes in enterprises、Creditor's rights and debts, and enforcementAndSpecial servicesLegal basis: Articles 209, 509, and 577 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, transferring the ownership of the property held on behalf of others usually requires litigation, and it cannot be directly registered based solely on the agency agreement. Second, a written agreement to hold the property in someone else's name and proof of investment are the basis for winning the lawsuit, so it is necessary to keep these documents in advance. Third, the agreement to hold the property in someone else's name and the actual investment need to be mutually verified. Relying solely on oral agreements carries high risks. Fourth, for cases involving inheritance and divorce, it is necessary to clarify ownership rights as early as possible to avoid expanding disputes. Fifth, avoiding policies such as purchase restrictions may lead to the invalidation of the agreement, so it is necessary to evaluate this in advance. Sixth, if the nominal owner changes their mind, it is necessary to sue and apply for preservation measures in a timely manner to prevent the house from being disposed of. Seventh, the transfer of ownership involves tax and qualification issues, so it is advisable to consult professional opinions at the same time.

VI. Frequently Asked Questions

Q1: Can the real estate agent directly request the transfer of ownership?

Generally, it cannot be handled directly. The ownership of real estate is subject to registration. If the nominal owner refuses to cooperate, the actual investor needs to initiate a contract lawsuit based on the nominal agreement and request the court to order the nominal owner to assist in the transfer of ownership. After the judgment takes effect, the relevant registration procedures can be carried out based on the effective legal document to complete the transfer of ownership.

Q2: Can I get my house back without a written agency agreement?

This is quite difficult. It requires inferring the loan agreement based on factors such as the transfer of funds, loan repayment records, property and residence evidence, and chat records, and meeting high evidentiary standards. If the evidence is insufficient, the court may determine that the loan agreement is not valid, and the actual investor can only claim a refund for the funds already paid, making it difficult to directly obtain the house.

Q3: Do I need to pay taxes when transferring a house purchased under someone else's name?

There are usually corresponding taxes involved. The transfer of ownership essentially involves the transfer of rights, which may result in stamp duty, value-added tax, and personal income tax, etc. The specific taxes depend on the nature of the house, the length of ownership, and local policies. It is recommended to estimate the tax costs in advance and consult the tax and registration departments to avoid affecting the transfer arrangements due to insufficient cost estimation.

Q4: If the nominal holder has passed away, can the ownership transfer still be completed?

This can be claimed. After the nominal owner passes away, the house may be listed as part of the estate. The actual investor should promptly assert their rights against the heirs with a loan agreement and investment evidence, and if necessary, file a lawsuit to confirm and assist with the transfer of ownership. If the heirs raise objections to the fact of holding the shares on behalf of others, the ownership of the shares must be clarified through litigation.

Q5: Can a power of attorney agreement be notarized?

In some cases, it is possible. Notarization can enhance the evidentiary effect of the agreement, but since proxy holding often involves policies such as purchase restrictions, some notary agencies may not accept it. Even if notarization is not possible, facts can still be fixed through witnessing, written agreements, and investment certificates, which can enhance the probative force of the borrowed-name relationship.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for the sale and purchase of real estate·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.