The husband sells the house privately, can the wife get it back?

According to the canon, the husband sold the house privately, can the wife get it back? According to the case, Mr. Wang bought a property after getting married with Luo Nv and registered it under Mr. Wang's name. In order to improve housing conditions, not long ago, the two bought a new house. At this time, just as the business of Mr. Wang's company changed, Mr. Wang discussed with Ms. Luo and wanted to sell the old house as working capital. Ms. Luo strongly disagreed, and the two were very unhappy about it. In order to make the company run normally, Mr. Wang decided to contact the buyer himself. Soon, the buyer, Xiao Chen, was found, and both parties signed a house purchase agreement. After paying all the house payment in Xiao Chen, they went through the transfer formalities. Lawyer's Comments Professional lawyers of Liaoning Lundian Law Firm believe that according to the law, the property obtained during the marriage relationship is the joint property of husband and wife and belongs to both husband and wife. Husband and wife have equal rights to dispose of all the property of * * *, and the disposition of the property of * * * shall be approved by all the people of * * *. If one spouse disposes of the house knowing that it is the common property of the husband and wife, and disposes of the house without the consent of the other spouse, and fails to obtain the ratification of the other spouse afterwards, the disposition is invalid, and both parties shall refund the money and return the house. With regard to the problem that one spouse disposes of the house jointly owned by * * * and * * * without authorization, according to the latest provisions of Interpretation of Marriage Law (III), if one spouse sells the house jointly owned by * * * without the consent of the other spouse, the people's court will not support it if the third party buys it in good faith, pays a reasonable consideration and goes through the formalities of property right registration, and the other party claims to take back the house. In this case, although Mr. Wang sold all the houses of * * without Ms. Luo's consent, he did not know that the houses belonged to the joint property of husband and wife, and there was no malice subjectively; After paying a reasonable price and handling the transfer formalities, it is a bona fide purchase and the house should be returned to it. Therefore, Ms. Luo can't ask to check out. Diandian lawyer reminds: In order to avoid disputes similar to this case, buyers must check the marital status of the owner when buying a house, and can only trade if there is no difference in property rights. (Contributed by lawyers: Jiang, Wang Xiaofa) Address of the Director of Liaoning Lundian Law Firm: Room 3 104, Dongta, No.9 Zhongshan District, Dalian.