To prepare for divorce, it is better to do a property analysis before the divorce or after the divor

Generally, it is a post-divorce property separation, and the registration of property separation is mainly applicable to divorce and property separation. As the name suggests, divorce is a registration procedure in which the spouses transfer their share of the house to each other as a result of divorce. In accordance with the relevant regulations, both parties are exempt from transaction taxes.

If the divorce is agreed upon, the two parties reach an agreement on the division of property, and both parties can go to the notarization to facilitate future performance, of course, can not be notarized.

How to register a divorce and property separation.

1) Materials to be brought for divorce and property registration:

1. Divorce judgment (the judgment of the people's court at or above the intermediate level must be provided, if the judgment of the primary people's court must provide a civil mediation document or effective document) or a divorce agreement (it is valid to be notarized by a notary office at or above the district level, and if there is no notarization, both husband and wife must be present in person to handle the registration of property analysis) or divorce certificate (the property distribution must be indicated on the back);

2. Real estate certificate (if there is a co-ownership certificate, including the co-ownership certificate);

3. Proof of identity of the applicant;

4. Application for real estate registration;

5. Power of attorney.

2) Specific procedures for the registration of divorce and property separation:

1. The applicant shall go to the file window of the property right office of the trading hall to check the file with the house ownership certificate and his ID card.

2. The applicant with the house ownership certificate and his ID card to the trading hall of the Municipal Geographical Names Office window for the building number standard place name confirmation (has been a standard place name registration of the new certificate does not need to be handled).

3. The applicant shall go to the surveying and mapping window of the property right office of the trading hall with the house ownership certificate, his ID card and the standard place name confirmation of the house name to the trading hall (the new certificate of the standard place name registration does not need to be handled).

4. The applicant shall apply for registration and acceptance at the window of the property rights section of the trading hall with the registration information required by this business.

5. 5 working days after receiving the "Notice of Acceptance of Real Estate Ownership Registration", the applicant can pay various fees at the tax window of the trading hall with the acceptance notice and his ID card, and collect the house ownership certificate at the certificate issuing window.

Calculate before the divorce, before the divorce, you are in his house, his house is still your house, what is there to say clearly, after the divorce, his house is his house, you go in, he can sue you for illegal entry into the house, there is no such mental consumption, everything is clear, once the marriage is divorced, go to things.

Legal analysis: Generally, it is a post-divorce property separation, and the property analysis registration draft is mainly applicable to divorce and property separation. Divorce is a registration procedure in which the spouses transfer their share of the house to each other as a result of the divorce.

The division of property is the premise of the division of property in divorce, that is, the scope of the joint property of the husband and wife is first clarified, and then the division of the joint property of the husband and wife is carried out. Therefore, it should be divorced first and then dissolved.

Legal basis: Article 1076 of the Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debts.

It is not necessary to dissolve the property after divorce. If the parties divorce by mutual agreement and can reach an agreement on the temporary non-division of property, then the two parties can only dissolve the marriage relationship without going through the formalities of divorce and property separation, and the property is still the joint property of the husband and wife, which is jointly owned by both parties.

1. What will the court do if you divorce a house without a real estate certificate?

The court will not deal with the divorce without a real estate certificate. The following measures are taken in the course of divorce proceedings:

1. The division of part of the property of the house shall not be heard, and the parties shall file a separate lawsuit;

2. Suspend the trial of the case and tell the parties to file a separate lawsuit for property dissolution, and then divide the house jointly owned by the husband and wife according to the judgment of the lawsuit for property dissolution;

3. If the house belongs to the joint property of the husband and wife, and the husband and wife cannot reach an agreement on the ownership of the house, the court may divide it in accordance with the relevant provisions of laws and regulations.

2. How to divide the mortgage house obtained from divorce.

The procedures for the transfer of ownership of the mortgage house in the event of divorce are:

1.If the divorce of the wife involves the transfer of the house, the two parties generally apply for registration together, and the two parties can reach an agreement on the property and go to the civil affairs department to handle it, but the real estate transfer procedures must be handled in a timely manner.

2.For the transfer of divorced real estate, it is necessary to go through the registration of property analysis. Divorce and property separation of husband and wife do not need to go through complicated procedures, and only need to go through the registration of divorce and property separation in accordance with the relevant regulations of the Housing Authority.

Divorce is a registration procedure in which the husband and wife transfer their share of the house to each other after the divorce. In accordance with the relevant regulations, both parties are exempt from transaction taxes.

3. How to determine the property of a husband and wife after divorce?

The ownership of pre-marital property shall be determined after the divorce of the husband and wife in the following manner: pre-marital property is the legal personal property of the husband and wife, and his or her personal property shall not be divided at the time of divorce, and the other party shall not have the right to claim division; The personal property of the husband and wife shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship, except where the man and the woman agree to jointly own the property before and after the marriage. If the husband and wife have a special agreement, then both parties can claim ownership of the main key to the property before the marriage.

Article 1076 of the Civil Code of the People's Republic of China.

Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1080 of the Civil Code of the People's Republic of China.

The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

The process of divorce and property separation:

1. If the husband and wife divorce by agreement, they should first go to the notary office to go through the notarization procedures for property analysis, and if it is a litigation divorce, there is no need to go through the notarization procedures;

2. The parties prepare the transfer information to the trading center for transfer;

3. The parties apply for deed tax exemption;

4. The parties shall go through the registration procedures for property analysis and pay the registration fee;

5. The new owner of the property receives the house ownership certificate.

1. Why do you need to pay the deed tax?

To handle the transfer of real estate, a divorce agreement is required, and there is no need to pay deed tax, only the cost of production. In the specific divorce real estate transfer, it can be divided into the following two situations:1

If the divorce of the husband and wife involves the transfer of the house, the registration shall generally be jointly applied for by both parties: the following information needs to be submitted: real estate certificate; Proof of identity and photocopy; For the submission of divorce by agreement, the divorce certificate and its copy, and the divorce property ownership agreement, if one of the rights holders applies for registration, a notarized divorce property ownership agreement needs to be submitted; If the court decides a divorce, an effective court judgment and a copy thereof shall be submitted, and if the ownership of the real estate is specified in the judgment, the right holder may apply for registration.

2.Divorce and property separation registration in accordance with the relevant regulations of the Housing Authority: Divorce and property separation is a registration procedure for the husband and wife to transfer their personal share of the house to each other after the divorce.

Property dissolution registration is a common type of housing registration, which is mainly applicable to divorce property dissolution. Necessary materials for the registration of divorce and property separation: divorce judgment or divorce agreement or divorce certificate; Real Estate Certificate; Proof of identity of the applicant; Application for registration of real estate; Power of attorney.

After preparing the relevant materials, the parties should go to the notary office to handle the notarization of property analysis, and if there is a divorce judgment, there is no need to go through the notarization; Then go to the trading center to handle the transfer; Finally, go to the Housing Authority to apply for deed tax exemption, go through the registration procedures for property analysis, pay the registration fee, and collect the certificate.

2. How to handle the procedures for the inheritance and transfer of real estate.

The procedure for the transfer of property inheritance is as follows:

1. The heirs prepare the transfer materials and go to the trading center to handle the transfer, and the other heirs should give up the inheritance rights on the spot;

2. After the transfer of painting, go to the Fangqiaoque Imitation Bureau to apply for deed tax exemption;

3. Go through the registration procedures for property analysis and pay the registration fee;

4. Get a new real estate certificate.

Article 209 of the Civil Code of the People's Republic of China.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 of the Civil Code of the People's Republic of China.

The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The state implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211 of the Civil Code of the People's Republic of China.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.