Jointly-owned property by husband and wife cannot be sold by the surviving spouse unilaterally after one party passes away, even if the real estate certificate is only registered in the name of the surviving spouse. Skipping the inheritance procedures and completing the transfer and sale independently is not allowed. After the owner passes away, half of the property becomes an inheritance, which is legally inherited by the surviving spouse, children, and parents of the deceased, etc., as the first priority heirs. The originally jointly-owned property then becomes jointly held by multiple heirs.

  According to the legal requirements for the disposition of real estate, the disposition of jointly-owned property requires the unanimous consent of all co-owners. Selling the property without obtaining the written authorization of the other heirs is an unauthorized disposition, and the housing administration department will not accept the transfer procedures. The signed real estate sales contract is also prone to performance disputes, and the seller must bear the corresponding breach of contract compensation liability.

  If the surviving spouse wishes to dispose of the entire property alone, they must first complete the property right confirmation and change. If the deceased left a valid will specifying that all the property is left to the surviving spouse, the inheritance transfer can be handled with the will, and the property certificate can be changed to the name of the surviving spouse after the property right change, allowing for free sale. In the absence of a will, all legal heirs must provide written statements of renouncing inheritance, complete the inheritance registration and property right change, and then the property will belong solely to the surviving spouse.

  If some heirs are unwilling to renounce inheritance and refuse to cooperate in handling procedures, the property cannot be sold separately. The parties can negotiate for the surviving spouse to purchase the shares held by others, change the property rights after the payment is settled; if the negotiation cannot reach an agreement, only a partition suit can be filed, relying on the effective judgment of the court to determine the property ownership and compensation amount, and then proceed with the subsequent sale procedures based on the documents.

  In reality, there are often cases where the surviving spouse hides the inheritance facts and sells the property privately, which is later challenged and revoked by other heirs, resulting in the loss of the transaction and the need to compensate the buyer for breach of contract. It is only after legally completing the inheritance confirmation and clarifying the property rights share that it is a safe and compliant approach to dispose of the property.