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Foreigner buying apartment in Kunming

JanJal (1096 posts) • 0

We've been considering buying apartment in Kunming, and I'm going to want it on my name (not wife's).

I understand that the regulations have been loosened recently, so as to not require foreigner to have lived in China for 1+ years. Can anyone confirm if this is concretely implemented in Kunming?

I understand that previously, at least in some cities, Entry & Exit Administration had to produce a document stating that the foreigner has indeed lived in China for more than 1 year.

If such requirement does still exists, is passport with proper entry/exit stamps enough, or must there also be some proof of taxes paid in China?

Another weird thing: We visited Junfa's property management office in the neighborhood, and my wife interpreted their instructions as if foreigner buying property must get a Chinese name first? I don't really buy that one... Does anyone know about this?

Napoleon (1187 posts) • 0

I think, if the old law is still in place, that you need to show proof of taxes for one year, and if it's the same law that applies for Chinese non Yunnan residents, those taxes must have been paid in Yunnan, not Beijing, Shanghai etc.

If the law has been changed then that certainly simplifies it a bit.

misfit (110 posts) • 0

janjal before doing such a big step like buying properties in china as a foreigner i would contact a lawyer...pm me if you need some names

Anonymous Coward (328 posts) • 0

I am not sure about the requirement to live in China for at least 1 year. That rule might still stand.

However, I do not believe you can have the apartment registered in only your name. I believe if you are married, all couples are required to have their residence registered under BOTH of their names. At least this is what I was told when I tried to put my apartment in only my wife's name.

The part about needing a Chinese name sounds like bullshit to me. I certainly didn't need to do it, and my ownership documents clearly show my name printed in English.

JanJal (1096 posts) • 0

Under China's civil law, property purchased during marriage should belong to both parties and in case of divorce will be shared 50/50. Unless of course there is a prenup, which most Chinese don't have. That may be one reason why some entities require both names on the deed - if everything fails, the house falls on both partners whether they have name on paper or not.

HFCAMPO (3062 posts) • 0

I own a home and it is only in my name. I do not work and do not pay taxes and I was never asked to provide any tax statements. The house is registered in my english name - same as my passport. be carefull when asking for advice on this site as many people here love to ASSume and guess and give their opinions.

JanJal (1096 posts) • 0

HFCAMPO, may I ask what year you bought the property? Was it from private owner (directly or through agency) or new property from developer?

HFCAMPO (3062 posts) • 0

My wife and I just purchased a home here in Kunming in Sept 2014. We are married and the house is in my wife's name ONLY. No one required us to put both our names on the redbook.

I purchased a home in Dali a few years ago and it is in my name only with my english name only. I did not buy from a developer or agency, I purchased it directly from a private owner as I was renting that apartment before I decided to buy it.

YuantongsiYuantongsi (716 posts) • 0

If you were married when you bought the property then you will have to get your wife's permission to sell it, same as the house in your wife's name, when you want to do this.

When I sold my apartment my wife needed to sign all the documents, her name was also on the title deeds so this made sense.

However when I sold my car park I also needed my wife's written permission to sell the car park, even though she was not on the title deeds. Chinese law says that property bought by a married couple is jointly owned, so both parties need to agree to the sale.

The name on the title deed is copied from your passport.

Anonymous Coward (328 posts) • 0

Perhaps putting both names on the ownership is only required if getting a mortgage through a bank.

My wife and I "bought" in KM in Feb. last year, and the bank (CCB) would not allow us to put the property in just one name.

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