Apartment Certificate in China, Foreign Spouse Must Appear?

[LBeachey 44]

Here is my situation, before we left China my wife bought an apartment that was only in her name. It was a new building so she never got the certificate before we left. I am guessing this similar to a deed here in the US. These certificates are now available since the construction is completely done. However, since her hokou now says she is married they are telling her that I need to be physically present with her to pick up this certificate. My wife plans on going to China in about a month but I am not going. The plan right now is for me to go next year.

In talking with these people, they mention I could go to the embassy, I think they meant the US Embassy in China. It sounds almost like I could give some type of power of attorney to my wife?

Has anyone run into a similar situation? Is there anything I could have signed that would allow my wife to pick up the certificate? Getting the certificate means more to my wife, I don't see the big issue in waiting a year but even though she has been here 2 1/2 years she still needs to keep those Chinese connections.

Any help is appreciated.

[Darnell 8,478]

I would suggest seeking a power of attorney, chinese-style,

gotten at a China Embassy/Consulate in the USA.

Then she takes that in on her trip.

Unsure how to go about getting this, save the two of you show up in person in the USA.

[LBeachey 44]

This is what I got back from the Chinese Consulate in Los Angeles. I live in Arizona.

If you live in South California, New Mexico, Arizona or Hawaii, you may apply an authentication for your Power of Attorney through our office. The procedure is, first, to get your Power of Attorney notarized by local notary public, then, get it certified by the Secretary of State of California (if applicable), last, get a consul authentication from our office. The documents for consul authentication are your passport (both original and copy), an authentication application form and the Power of Attroney that has been certified by the Secretary (both original and copy).

Is the certification by the Secretary of State just a California thing? Anyone ever actually get this done?

[Darnell 8,478]

the linkage sounds correct, fwiw.

[LibCampFireClub 635]

Since you're dealing with Chinese law that varies from province to province, city to city, and from person to person, suggest you seek a Chinese English speaking real estate attorney. They are plentiful in China. They can help you navigate the corrupt and inconsistent legal landscape of China.