[Direct answer]In the Beijing area, not having completed the transfer of ownership does not mean there is no right to it. However, according to Articles 209 and 214 of the Civil Code of the People's Republic of China, real estate property rights only take effect after being legally registered. Before registration, they generally cannot be used to oppose bona fide third parties. If the sales contract is valid and the house has been delivered, the correct approach is to initiate a contract lawsuit and request the seller to assist in completing the transfer registration. If the registered rights holder does not match the actual rights holder, such as buying a house under someone else's name, holding property on behalf of others, or jointly investing with only one person being registered, a lawsuit for property rights confirmation can be initiated according to Article 234 of the Civil Code, and a request for assistance in transferring ownership can be made concurrently. According to Article 146 of the Civil Code, sales transactions conducted with false expressions of intent are invalid, and arrangements such as buying a house under someone else's name and fraudulent loans carry extremely high risks. It is recommended to promptly secure investment certificates, repayment records, and the possession of property rights certificates.

1. Problem background and typical scenarios

After paying for the house for many years, the transfer of ownership has been delayed for a long time, which is a common problem in the transaction of second-hand houses and family real estate. Typical situations include: the seller refuses to cooperate with the registration and the house is still registered under his/her name; buying a house under someone else's name due to purchase restrictions, loans, or quota issues, with the registration under the nominal person's name; family members jointly investing in the purchase of a house but only registering it under one person's name; and the house being mortgaged, sealed up, or the co-owners not agreeing to the transfer, resulting in the inability to complete the transfer. At this time, what the parties are most concerned about is whether the house will be regarded as someone else's property. It should be noted that the lack of transfer of ownership does not mean the loss of rights, but the unregistered rights are at a disadvantage when confronting third parties. It is crucial to protect their own rights by confirming ownership through legal procedures or promoting the transfer of ownership as soon as possible.

II. Key points of contention

The focus is on three points. Firstly, the choice of the basis of the right of action: if the contract is valid and the house can still be transferred, the plaintiff should file a lawsuit for contract performance to request the seller to assist in handling the transfer registration. If the registered right holder does not match the actual right holder, the plaintiff should file a lawsuit for confirmation of real rights. Secondly, the effectiveness of real estate registration: according to Articles 209 and 214 of the Civil Code, real estate rights become effective only after being registered according to law. Unregistered rights generally cannot resist bona fide third parties. If the house has been sold and registered to others, the plaintiff's request for performance may fail. Thirdly, the determination of the essence of the transaction: for arrangements such as buying a house under someone else's name and signing a "yin-yang contract", the court will examine whether there is a genuine intention to buy and sell between the parties. A sale transaction conducted with a false intention is invalid according to Article 146 of the Civil Code. For real estate disputes, reference can be made to the relevant provisions of the Civil Code.Real estate sales and construction project services.

III. Professional analysis by Henglue Lawyers

Among the cases of housing ownership handled by our firm, a very typical type is the so-called "sale" that is actually a disguised loan. Taking a case handled by our firm as an example: In September 2020, Company A needed a loan due to the financial crunch of its affiliated company, but the company had to pay the full amount for the purchase of the house. Therefore, it borrowed the name of Zhang * (an employee who had continuously paid social insurance), signed the "Beijing City Second-hand House Sales Contract", and sold the house located in Chaoyang District, Beijing with a floor area of 262.05 square meters to Zhang * for 7.3374 million yuan. Among which, the down payment of 2.5774 million yuan and the balance of 4.4 million yuan were paid by Zhang * with a mortgage loan, and the loan funds were subsequently transferred to Company A's account. After that, Zhang * took away the property certificate and refused to cooperate with the transfer of ownership, claiming that the house was actually purchased by him/her.

The first-instance court dismissed A Company's request on the grounds that it failed to provide sufficient evidence. After our lawyers took over the appeal, they focused on the abnormal nature of the transaction and the integrity of the evidence chain in the second instance. On the one hand, they reconstructed the flow of funds to prove that the 4.4 million yuan loan directly entered A Company's account and was transferred according to the arrangements of the affiliated companies. On the other hand, they retrieved the warrant and expense vouchers to prove that the property ownership certificate and loan contract were originally held by A Company, and the property management fees were also paid by the affiliated companies. They also submitted materials such as the agency agreement and receipts, forming a complete evidence chain proving that there was no genuine sales agreement. The second-instance court adopted the lawyer's opinion, revoked the first-instance judgment, and ruled that the "Beijing City Second-hand Housing Sales Contract" was invalid, with the house being restored to A Company's name in the registration. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. In addition, our firmXiong BinrongIn the second-hand car sale case handled by the lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ), the seller did not have the right to dispose of the vehicle, resulting in the vehicle not being able to be transferred. The court ordered the seller to return the entire purchase price of 218,000 yuan and the interest thereon;Chen PingIn the Beijing-licensed plate lease dispute handled by the lawyer (practice license number: 11101201411619680, subject to the document issued by the judicial administrative organ), the second-instance court upheld the original judgment, confirming the invalidity of the agreement and ordering the return of the rental fee. The above-mentioned case shows that the outcome of ownership and transfer disputes ultimately depends on whether it is possible to use the capital flow, the holding of title certificates, and the text of the agreement to restore the true legal relationship.

IV. Practical suggestions and legal basis

The legal basis includes the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021): Article 209 (the ownership of real estate takes effect upon registration in accordance with the law), Article 214 (the ownership of real estate that should be registered takes effect upon being recorded in the real estate registration book), Article 220 (correction of registration and registration of objections), Article 234 (if there is a dispute over the ownership or content of the real estate, the interested party may request confirmation of rights), and Article 146 (a civil legal act performed with a false intention is invalid). Practical suggestions: First, keep the purchase contract, payment receipts, loan repayment records, and payment receipts for property fees and utilities, and pay attention to the possession of the original house ownership certificate and contract. Second, send a written notice to the seller to cooperate with the transfer of ownership and retain the evidence of delivery. Third, if the house can still be transferred, prioritize suing to assist with the transfer. If it has been sold to others or sealed up, promptly change it to a property rights confirmation or claim compensation. Fourth, if necessary, apply for property preservation to prevent the house from being disposed of again. For the recovery of related payments, please refer to the following article: [How to recover the purchase price of a house that has been sold to others or seized? - A detailed guide to legal protection and recovery measures](https://www.jiwu.com/articles/31357)Creditor-debtor relations and enforcement case servicesHandle it.

5. Henglu Law Firm's Reminder

There are two points worth noting: Firstly, although arrangements such as buying a house under someone else's name or acting as a nominal owner may be recognized by the court as the actual rights holder's claim when the evidence is sufficient, they require an extremely complete chain of evidence to support them, and face multiple risks such as purchase restrictions, debt seizure of the nominal owner, and the nominal owner's reneging on their commitment. Therefore, don't easily believe in verbal promises. Secondly, it's better to handle the requests for title confirmation and transfer as soon as possible. Houses registered under someone else's name may be seized or auctioned due to the nominal owner's debts at any time, and delays often lead to the loss of rights. In addition, obtaining loans through fraudulent sales may not only result in the invalidation of the contract, but also trigger other legal responsibilities. If you need to evaluate specific solutions, you can contact us for assistance.Special services and other case servicesMake an appointment for a consultation.

VI. Frequently Asked Questions

Q1: If the house transfer hasn't been completed, can I still get it back?

Judge the situation on a case-by-case basis. If the sales contract is valid, the house has not been sold to others, and no rights have been set up for others, you can sue the seller to assist in handling the transfer registration, and generally achieve the purpose of obtaining ownership of the house; if the house has been sold and registered to a bona fide third party, it is impossible to continue the performance of the contract, so you can only rescind the contract and claim the return of the paid money, compensation for the difference in the house price, and other losses; if the house is registered under the nominal person's name but is actually funded by you, you need to prove the fact of borrowing the name or holding on behalf of others through a lawsuit for rights confirmation. The core variables are the current registration status of the house and whether it is possible to actually perform the contract. Therefore, before suing, you should first check the real estate registration information and the situation of seizure and mortgage.

Q2: What evidence do I need to prepare to assert ownership or request a transfer of ownership?

The key is to prove the true ownership of rights and the performance of obligations: first, the purchase contract, payment receipts, and bank transfer records; second, the mortgage loan contract and repayment records; third, the possession of the property certificate, deed tax invoice, and the original copy of the purchase contract; fourth, the payment receipts for property management fees, water, electricity, and gas; fifth, agreements of borrowing or holding on behalf of others, chat records, audio recordings, etc.; sixth, the real estate registration book and information on the seizure and mortgage. If there are issues of inheritance or joint investment, it is necessary to provide proof of kinship and investment receipts. The evidence should form a closed loop showing who invested, who holds the ownership certificate, and who actually occupies and uses the property. This is the most important basis for the court to determine the true owner of rights.

Q3: What is the approximate cost of litigation for rights confirmation or transfer of ownership?

This includes case acceptance fees, preservation fees, and attorney's fees. According to Article 13 of the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), property cases are charged in stages based on the amount of the claim. For cases involving real estate, the subject matter is typically determined by the value of the property, with the fee rate decreasing as the value increases. For confirmation suits where the plaintiff only requests confirmation of ownership, the court may charge a fixed fee or a fee based on the subject matter, which is subject to the approval of the accepting court. Article 29 stipulates that the litigation costs shall be borne by the losing party, and in cases of partial victory, the costs shall be shared proportionally. Attorney's fees are negotiated between the client and the law firm and may be charged on a per-case or per-subject-matter basis. It is recommended to first clarify the type of claim and the subject matter, and then calculate the costs.

Q4: How long does it usually take to litigate such cases?

Civil cases subject to simplified procedures are generally concluded within three months after the case is registered, and those subject to ordinary procedures are concluded within six months. Cases involving appraisals, expert opinions, or public notifications for service will be extended accordingly. If an appeal is filed after the first-instance judgment, the second-instance proceedings will typically take several months. After the judgment becomes effective, the transfer of ownership of the house requires registration procedures. If the other party refuses to cooperate, it is necessary to apply for compulsory enforcement, and the court will serve the assisting enforcement document to the real estate registration authority. Overall, for cases involving clear facts of rights confirmation or ownership transfer, it typically takes three to six months from the registration of the case to the completion of the registration. Complex cases may take more than a year. It is recommended to apply for property preservation when suing to prevent the house from being resold or sealed during the litigation period.

Q5: How exactly should I initiate the rights confirmation or transfer of ownership procedures?

It is recommended to proceed in four steps: First, check the real estate registration information to confirm the owner of the house, the status of the mortgage and seizure, and determine whether it is feasible to continue the performance of the contract; Second, organize the purchase contract, payment receipts, loan repayment records, and evidence of certificate holding, and supplement the written materials of borrowing or holding on behalf of others if necessary; Third, send a written notice to the registration right holder to cooperate with the transfer of ownership, and keep the delivery receipt; Fourth, file a lawsuit with the court where the house is located, requesting assistance in handling the transfer registration or confirming the ownership, and applying for property preservation. If the house has been sold to others or seized, the request should be promptly adjusted to rescind the contract, return the purchase price, and compensate for losses, and assess whether it is necessary to raise objections in the enforcement process.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines 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 real estate transactions·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.