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I don't understand that do you mean to write your name or the woman's name? Or write your name or your parents' names?
I guess you're asking if it's better to write your name or your parents' names?
1. Write your name The down payment receipt and bank statement should be kept That is the evidence of the down payment Regardless of whether you and the woman are married or jointly repay the remaining loan There is that receipt even if your marriage changes The down payment is your sole property The woman is not allowed to ask for distribution. It is also best to keep the bank details of the loan that was repaid before the marriage, and it is also your pre-marital property, if the distribution is only your own. After marriage, no matter who you and the woman are going to repay the loan, this part will generally be judged as a joint repayment, and if there is a change in the marriage, it will be divided equally.
2. Write your parents' names Then it will be very troublesome in the future Because parents give their children real estate in a total of three ways:
The first gift needs to pay the following deed tax: 3% of the house price, surveying and mapping fee: yuan square meter, ownership registration fee and certificate collection fee:
About 150, notary fee: the price of the house. However, if you transfer the property in this way, you will have to pay 20% of the individual income tax when you need to trade the property in the future.
Second, the transaction transfer only needs to pay the deed tax surveying and mapping fee: yuan square meter, ownership registration fee and certificate collection fee: within 150, 1% individual tax, and business tax difference. If the transfer is made at the original price, you do not need to pay individual income tax. This method also has to take out tens of thousands of dollars for nothing.
The third inheritance The parents leave a will, the house is designated to the children, the parents (two = =), after a hundred years, the children go to the notary office to pay a notary fee of about 1000 to transfer the property to the name of the children (if the 20% inheritance tax is not implemented), the parents die alone, and the name of the remaining one must be notarized first.
Some fees vary from place to place.
You and the woman repay the loan together after marriage, so is it really good to write your parents' names on this house?
3. The name of the real estate certificate is related to the lender The remaining 500,000 yuan for the down payment is in whose name the real estate certificate is the name of the loan.
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It is recommended to write the names of both husband and wife, according to the existing law, the name on the real estate certificate is actually similar to the meaning, but to write or not to write is a very special feeling, that is, the so-called sense of security, for the happiness and mutual trust after marriage, it is recommended to write the names of both husband and wife. And if the bank loan is repaid jointly by the husband and wife, it is also recommended to write the names of both husband and wife.
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Legal analysis: Buying a house before marriage can be written in the names of both parties. As long as both parties reach an agreement and the self-draft is legal, the names of both parties can be written on the real estate certificate.
Once the names of both parties are written, the property belongs to the joint property of the husband and wife, and if it is a loan to buy a house, the husband and wife should also bear the responsibility of repaying the loan together, and in the event of divorce, it should be divided together.
Legal basis: Article 1065 of the Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.
Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between husband and wife on the property acquired during the existence of the marital relationship and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
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Legal analysis: Buying a house after marriage is the joint property of the husband and wife. Deed tax is not charged on the addition of the real estate certificate after marriage.
Therefore, the cost of adding a title after marriage is subject to the deed tax. When an individual adds a name to the property before marriage, it is regarded as a partial transfer of the property rights of the house and is handled as a gift. When going through the procedures for housing donation, the donor and the donee should sign a written gift contract and go through the transfer procedures with the housing management department.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
The current marriage law is about to change, and if the name is written on the title deed, then the house is his, no matter who pays for it.
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