What issues do you need to pay attention to when giving a house?

1: Housing donation refers to a civil legal act in which one party (donor) voluntarily donates his or her house to another person (donee) free of charge, and the other party is willing to accept it. The parties to the gift of the house shall enter into a gift contract.

Once the real estate is donated, the real estate change registration cannot be revoked without special circumstances, so the following issues must be considered before the gift. <>

2: Parents donate real estate to their children, on the one hand, they want to leave an asset for their children as a future living guarantee. On the other hand, if the parents encounter debts and financial problems, the property registered in the name of the child will not be seized because of the implication, and can be used as reserved capital.

However, there are also some issues that need to be paid attention to when gifting to children. The property is registered in the name of the child, and even if the husband and wife repay the loan jointly, the husband and wife cannot re-divide the property in the event of divorce. <>

3: Article 18 of the General Principles of the Civil Law of China stipulates that guardians shall perform guardianship duties and protect the person, property and other legitimate rights and interests of the ward.

Although the parents are the guardians of the child, they do not have the right to dispose of the property, and until the son reaches the age of 18, the house is temporarily managed by the parent who has taken custody of the child. When the children reach adulthood, they will be persons with full capacity for civil conduct and have the right to dispose of the real estate in their own names. In this case, regardless of whether the child is ** or mortgaged, the parents have no right to intervene.

1. The content of the gift contract should be specific and clear. The gift contract mainly includes: the parties to the contract, the name of the donated property, the current status of the property, the time limit and method of performance of the gift contract, the liability for breach of the gift contract and the dispute resolution method.

2. From the perspective of the donor, if the gift is likely to be revoked before the delivery of the property or the transfer of rights, it is recommended not to notarize the gift contract, because it will be difficult to revoke once notarized.

3. If the donor has certain requirements for the donee when donating the property, it can be used as a condition of the gift.

4. Where the donated property needs to go through formalities such as registration in accordance with law, the content of the relevant formalities shall be stipulated.

5. The donor shall explain the defects in the donated property in the gift contract, otherwise the donee will be liable for any losses caused thereby.

6. The gift contract does not need to be notarized, but the notarized gift contract can better protect the interests of the donee.

According to Article 657 of the Civil Code, a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 660 stipulates that if the donor fails to deliver the donated property in a notarized gift contract or a gift contract that cannot be revoked in accordance with law and has the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled, the donee may request delivery. Where the donated property that shall be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the donor's intentional or gross negligence, the donor shall be liable for compensation.

According to the provisions of the law, the gift contract is also a bilateral contract, that is, one party is required to express the intention of the gift, and the other party needs to have the intention to accept the gift, otherwise the gift contract cannot be established. After signing the gift contract, in fact, if the conditions are met, the parties are also allowed to revoke the gift.

What do I need to pay attention to when gifting a house?

Many people want to transfer the house by way of gift, house gift is very common, but different gifts need to meet different conditions, the following is whether I can donate the house? The knowledge analysis of what conditions to meet for housing gift, let's learn and understand it together, and the specific content is as follows. Buying a house is not a casual thing, the current housing prices are so high, if you buy a house and want to save some taxes, many people want to take the way of gift to transfer the house, house gift is very common, but different gifts need to meet the conditions of not knowing the same, the following is my house can be gifted?

The knowledge analysis of what conditions to meet for housing gift, let's learn and understand it together, and the specific content is as follows.

Can a house be gifted?

1. If there is a mortgage loan from the bank, the bank is still the mortgagee, and the house is in a mortgage state, and it cannot be disposed of externally without the consent of the bank (including sales, gifts, etc.), and the bank loan must be returned first, and the relevant procedures for the gift can be handled only after the mortgage is released.

2. If the applicant applies for transfer registration due to the gift of the house, the applicant is the two parties in the gift contract. If the application for transfer registration due to housing donation is made, the following requirements must be provided: application for registration of transfer of house ownership (original copy retained); Proof of the applicant's identity (check the original and keep the copy); Certificate of ownership of the house (original copy retained); Gift contract notarized by a notary public (original copy retained); Deed tax payment certificate (check the original).

3. If there is a record of mortgage registration or mortgage advance registration, the transfer of the house shall be subject to the written consent of the mortgagee. The transfer of a farmer's residential house on a homestead shall be subject to the written consent of the villagers' committee.

What are the conditions for a house gift?

1. The donor must be the owner of the property right of the house, and must have full civil capacity; The donated house must have legal ownership certificates, and there is no property rights dispute.

2. The donor and the recipient are voluntary, have a written gift agreement (contract), and handle notarization; The house gift must be registered and reviewed by the real estate management authority, and the property right transfer procedures must be handled; The recipient must pay taxes and fees in accordance with the relevant regulations.

3. Gifts shall not be set up to evade the legal obligations that should be performed, such as debt performance, payment of labor remuneration, etc.; Gifts are also not allowed to be set up to circumvent laws and regulations, such as paying taxes and fees. In short, the gift of housing shall not endanger the public interest and harm the legitimate rights and interests of others.

When we follow me, can I give away a house? After learning and understanding the knowledge of what conditions to meet for house donation, we know that if you want to donate the house to others, you need to meet the conditions, and the conditions that different donors need to meet are also different.

Who paid for the house? After the gift, is there any registration of the transfer to the real estate management department? Whose name is on the title deed?

If the house was purchased by the grandparents (whether before or after marriage) and registered in their name, and all the formalities have been completed (transfer registration) after the gift to the granddaughter, the granddaughter has become the sole legal owner of the house, i.e. the name of the granddaughter is only on the title deed (her parents are not co-owners), the house is the granddaughter's personal property and not the joint family property, and the property should not be divided by the parents in divorce.

If the granddaughter is a minor, the parent who has been given custody of the granddaughter can act as their guardian to manage their property (including the house) until they reach adulthood.