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There are two ways to transfer, one is the gift transfer, the second is the sale and purchase transfer, if the transferee of the property intends to transfer in the future, it is recommended to buy and sell the transfer, the gift transfer is exempt from business tax and income tax, the deed tax and the cost of production still have to be paid, the gift transfer also needs to go through notarization procedures, and the future transfer needs to pay 20% income tax. To handle the transfer, the buyer and the seller need to be present in person, bring the real estate certificate, ID cards of both parties, household registration, and marriage certificate, go to the housing authority to check the file (verify whether it is a second suite), sign a sales contract for the record, pay the relevant taxes and fees, and then handle it with the file check form, payment voucher, and the above materials.
The following are the fees for the sale and transfer of second-hand houses, please refer to them.
1.Deed tax: 3-4% for buyers of second suites or areas of more than 144 square meters; First home; 1% for less than 90 square meters.
2.Sales tax.
Transaction price. Waived for 5 years).
3.Personal income tax.
1 of the sold price
4.Transaction fees.
6 yuan m2;
5.Transfer registration fee.
80 yuan piece.
6.Property right certificate check file, real estate certificate decal
About 80 yuan.
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Husband and wife add name before marriage: gift, both husband and wife need to go to the notary office to handle the notarial certificate of gift, one husband and wife donate half of the property rights to the other party, and then both parties bring the real estate certificate, ID card, and notarial certificate to the core to go through the name addition procedures; For the sale, both parties need to sign the sales contract, and then bring the real estate certificate, ID card, and real estate tax payment certificate to the core application.
Husband and wife add names after marriage: This situation belongs to the correction of registration, citizens only need to provide the identity certificate of both husband and wife, "marriage certificate", "house ownership certificate", "housing registration application" and other application materials, and jointly go to the housing registration department with jurisdiction for interview, you can go through the relevant housing ownership change procedures.
If the property between parents and children needs to be changed, you can consider buying and selling second-hand houses or gifting them. Recently, due to the reduction of notary fees, the cost of gifts has been reduced to a certain extent.
Gift process: You need to go to the notary office to notarize the gift of real estate, and then bring the relevant two certificates of the house, the ID cards of both parties, the household registration book, and the marital status certificate to the housing authority directly. Gifts between immediate family members are not limited to purchase, and there is no need to do a house purchase qualification review.
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As long as the property rights of the donated real estate have been transferred to the name of the donee, it will not affect the name of the donee on the real estate certificate, but the name of the donated real estate should be changed in accordance with the procedures prescribed by law.
[Legal basis].Article 209 of the Civil Code of the People's Republic of China.
The establishment, alteration, transfer and extinction of the property rights of the immovable Zhaochong shall be registered in accordance with the law and shall take effect; 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.
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.
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Legal analysis: After the real estate is donated to the wild potato, it becomes the property of the donee, and as long as the donee agrees, the name of any other person who sings the sail can be added; But the donee must be thoughtful, after adding the name of another person, the person who is added becomes the co-owner of the property, that is, the person who adds has one-half of the property rights.
Legal basis: Article 659 of the Civil Code of the People's Republic of China Where the donated property needs to go through registration or other formalities in accordance with the law, the relevant formalities shall be completed.
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Summary. Hello, the gifted property can be named.
Hello. Hello, the gifted property can be named.
However, it also depends on whether the donor has attached restrictions to the gift and does not allow the addition of names.
My husband's company gave him a house, and the company only wrote his name, and asked me to sign an agreement, can I add my name to the property in the future?
In addition, the name should also be considered, and the property will become joint property after the name is added.
Hello, as long as there is no special agreement that the company will give you the property to your husband, it can be added to the name in the future.
Written. Written.
What is the purpose of the agreement?
Is the restriction not the personal property of the husband and wife?
Divorce within 15 years has nothing to do with me.
Sign this one. That is, the gift has restrictions attached to it, and it belongs only to your husband personally, not the joint property of the husband and wife.
Civil Code: Article 1063 [Personal Property of Husband and Wife] The following property is the personal property of one of the spouses: (1) the premarital property of one party; (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) Imitation articles for the exclusive use of one side; (5) Other property that shall belong to one party.
Hello, then you can't add your name in this case.
The gift does not require you to sign to confirm that it is only a gift to your husband's personal property, and it is also the joint property of the husband and wife without your name.
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Summary. Hello, dear. We're happy to answer your <>
Gifted properties can be named. From a legal point of view, as long as the property rights of the donated property have been transferred to the name of the donee, it will not affect the name of the donee on the real estate certificate, but the name of the donated real estate should be registered in accordance with the procedures prescribed by law.
Can I add a name to the gifted property?
Hello, dear. We're happy to answer your <>
Gifted properties can be named. From a legal point of view, as long as the property rights of the donated property have been transferred to the name of the donee, it will not affect the name of the donee on the property certificate, but the name of the donated real estate should be rolled over in accordance with the procedures prescribed by the law.
Legal basis: Article 209 of the Civil Code of the People's Republic of China The establishment, transformation, transfer and extinction of immovable property rights shall become effective after being registered 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.
Hello, may I ask if after the elder brother gives the younger brother real estate, it belongs to the younger brother's personal property, and then adds the name of the daughter-in-law, is it a joint property?
After the elder brother gives the younger brother real estate, it belongs to the younger brother's personal property.
If it is stated that it is a gift to the younger brother as personal property, it is not counted as the joint property of the husband and wife.
Even if the name is not common property at home?
Add. Yes dear.
If the elder brother gives the younger brother to the younger brother on the gift agreement, the real estate distribution is 99% to the younger brother and 1% to the younger brother-in-law, can the proportion be changed in the future? Is it joint property?
This is not possible to change the scale.
Is this still my brother's personal property?
Unless they privately agree on their own.
Is buying a house now all about a family? Is it okay for an individual.
Individuals can buy a house.
It is not necessary to be a family unit.
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Legal Analysis Bright Group:
After the property is gifted, it becomes the donee's property, and the name of any other person can be added as long as the donee agrees; But the donee must be thoughtful, after adding the name of another person, the person who is added becomes the co-owner of the property, that is, the person who adds has one-half of the property rights.
Legal basis: The Civil Law of the People's Republic of China Article 659 Where donated property needs to go through registration or other formalities in accordance with law, the relevant formalities shall be completed.
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1. Can the donated property be added?
The donated property can be added, and after the completion of the transfer registration, the gift of the property is completed, and the donee determines the ownership of the property. After obtaining ownership, you have the right to dispose of the property, whether it is to re-donate the house to others or add your name to the real estate deed, which is a way to exercise the right of disposition, which is recognized by law. After obtaining ownership, you have the right to dispose of the property, whether it is to re-donate the house to others or add your name to the real estate deed, which is a way to exercise the right of disposition, which is recognized by law.
Whether it is adding a name or transferring the property to others, it is actually giving part or all of the property rights of the house to others.
2. What documents are required to add the name on the real estate certificate?
Mortgage-free real estate certificate plus wife, children, parents' names:
1.Bring three certificates (marriage certificate, ID card, real estate certificate) and their copies;
2.Go to the housing transaction center, and the window staff will review the submitted materials;
3.The cost of adding the name on the real estate certificate of the Ming Limb: 110 yuan handling fee: 80 yuan handling fee, 25 yuan registration plan fee, 5 yuan sticker fee. If it goes well, you can get the real estate certificate in about 20 days.
3. Whether the title certificate and name are considered joint property.
The real estate certificate and the name are considered joint property, and China's "Civil Code" has made provisions on the identification of common property, and the key is to see whether the funds for the purchase of the house are jointly owned by the husband and wife.
Article 209 of the Civil Code The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. Article 657: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.
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