How to transfer the mother s name written by the child back to the child when buying a house

Parents can give you gifts, go directly to the real estate center to go through the real estate gift procedures!

Personally, I recommend buying and selling a house, so that the closing fee is minimal.

Closing costs: No new policy has been introduced as before: according to whether the house is over five years old? Is it the only home? Is it a first-time buyer? According to the previous question, appraisal price, area, etc., pay as follows:

1. Deed tax, the first suite: 90 (inclusive) square meters or more, the second suite: 90 (inclusive) square meters or more 2%; Commercial or corporate property: 3%. The deed tax will change in 2016, depending on your city's policy.

2. The personal income tax shall be borne by the seller at 1% of the full amount, and the only housing shall be exempted or exempted, but it shall be paid by the buyer in the actual transaction;

3. Transaction fee, 4 yuan square;

4. Transfer registration fee, 80 yuan;

5. Stamp duty on warrants is 5 yuan;

6. If the business tax is less than 2 years and the area is greater than 144, the seller shall pay it, and the ordinary housing shall be exempted or exempted after 2 years. Later, the business tax is changed to VAT, within two years: VAT payable = value-added sales levy rate.

The house has increased in your hands, and the landlord bears the value-added part *5% (according to the implementation in some areas), which is the VAT that should be paid. VAT exemption for 2 years.

Legal analysis: In principle, it should be owned by the mother. In principle, the ownership of real estate is subject to registration.

If it is registered as a parent, it is the property of the parents. The contribution of a child is legally regarded as a loan or gift. Parents and children are, legally, completely independent civil subjects; The property is registered in the name of the parents, and the property is legally the property of the parents; The children's contributions, if there is evidence to prove them, can be legally recognized as loans; If there is no evidence to prove it, it is regarded as a gift in law.

If the child contributes to the parents to buy the house, the house is given to the parents to live in, but the name on the real estate certificate is the name of the contributor, in this case, there is no inheritance issue. After the death of the parents, the house remains owned by the contributing children.

Legal basis: Article 5 of the Law of the People's Republic of China on the Administration of Urban Real Estate The owner of real estate rights shall abide by the laws and administrative regulations and pay taxes in accordance with the law. The legitimate rights and interests of real estate rights holders are protected by law and may not be infringed upon by any unit or individual.

Legal Analysis: The title deed can have the names of both parents and children written on it. However, it is necessary for the parents to transfer the real estate to the children, that is, the transfer of real estate, which can be transferred, bought and sold.

When the property right is transferred from the parents to the children, it is necessary to provide the main information: the house ownership certificate (now the real estate ownership certificate), the identity certificate of the buyer and the seller, the marital status certificate of the first party to the house, the house verification certificate, the sales contract and other information that the housing registration agency deems necessary to provide.

Legal basis: Article 301 of the Civil Code of the People's Republic of China The disposition of jointly owned immovable or movable property and the major repair or change of the nature or use of the jointly owned immovable or movable property shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.

Summary. Dear, yes. You can move in.

According to paragraph 1 of Article 13 of the Regulations on Household Registration, a citizen who relocates to the city within 3 days and rural areas within 10 days from the time of arrival at the place of relocation shall report to the household registration authority for the registration of the relocation and cancel the relocation certificate by himself or the household.

The real estate certificate writes the son's name, can the mother's household registration be transferred?

Dear, yes. You can move in. In accordance with Article 13, Paragraph 1 of the Household Registration Regulations:

If a citizen moves from the time he or she arrives at the place of relocation, within 3 days in urban areas and 10 days in rural areas, he or she or his household shall preside over the relocation certificate and report to the household registration authority for the registration of the relocation, and surrender and cancel the relocation certificate.

Pro, the real estate certificate is the child's name, and it is possible for the parents to move their household registration in the past, but there are some restrictions, there are the following conditions: 1. The son's household registration is on the real estate certificate 2. The parents are at least 60 years old and have retired 3. The parents have no other children in the place of household registration, and they need to be certified by the local police station 4. After meeting the above conditions, you can go through the procedures for taking refuge with your children, and move the household registration to your son's household registration If yours is helpful to you, please give praise and thank you, I wish you a happy life!

The transfer of a child's property to the name of the parent can be transferred by gift or sale. The cost of the transfer is about 6% of the tax return value. However, after the transfer of the gift, if the property is to be transferred in the future, the individual income tax alone will have to pay 20% of the declared value.

Therefore, it is not advisable to use gift transfer. It is recommended to use the sale and transfer of ownership, that is, the direct transfer of real estate, the tax is about 8% of the tax value of the real estate, the business tax, the buyer is the deed tax, and other transfer taxes and fees are about hundreds, and the above tax points are calculated according to ordinary residences of less than 144 square meters.

Civil Code of the People's Republic of China

Article 214.

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register. Article 217.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

The real estate certificate writes the son's name, can the mother's household registration be transferred?

Under the premise of meeting the conditions, it is possible: 1. Under the premise that the children of the parties are minors, when purchasing a house, the guardian should move into the household registration together with him (the area of the house, the total price, etc., need to meet the local household requirements); 2. Both parties have reached retirement age and have no other children in the household registration book, and the area and total price of the house need to meet the local household requirements, and parents can rely on their children to enter the household. For illustration, take Anhui Province as an example:

Anhui Provincial Household Administration Management Work Regulations (Anhui Gongtong 2015 No. 86): Article 28 Housing Purchase Relocation Citizens who obtain the ownership and use rights of houses by legal means such as purchase and inheritance can handle household registration relocation after submitting relevant relocation certification materials at the Gongqiao Xi'an Police Station where the house is located. If the "Real Estate Ownership Certificate" is registered as a joint property right, it shall be agreed upon by the co-owners of the property right and a written report shall be issued, and one party shall give up the handling of household registration and transfer the other party shall handle it in accordance with the provisions of the preceding paragraph.

When purchasing a second-hand house, the new homeowner must go through the procedures for moving the household registration with the relevant supporting materials after the original homeowner moves out of the household. Minors who purchase houses and enter households, because they do not have full capacity, need both or one of their parents to apply for settlement, and are minors.

First of all, parents should sign a written gift agreement with the child to prove that both spouses agree to donate the joint property to the child, and it is best to go through the notarization of the gift.

Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department specified by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.