Divorce real estate certificate removal, divorce real estate deed how to remove

There are generally two ways for husband and wife to divorce by agreement and divorce by litigation, and the procedures for changing the name of real estate are as follows: 1. Procedures for changing the name of the real estate certificate under the method of divorce by agreement If the divorce by agreement (the divorce parties reach an agreement through consultation), to change the name of the real estate certificate after the divorce, the divorced parties need to go to the local real estate transaction center with the following materials: 1. ID card (and copy); 2. Divorce agreement (the divorce agreement must be stamped with the official seal of the civil affairs department or the seal of the civil affairs archives department); 3. Divorce certificate and information that can explain the joint property of the husband and wife after marriage; 4. Application form for registration of change of housing property rights; 5. The house ownership certificate (including the house co-ownership certificate) should be handled at the local real estate trading center; In addition, if the divorce agreement does not indicate the time of registration of the original marriage, the original marriage certificate must also be provided.

II. Procedures for changing the name of the real estate certificate under the method of divorce by litigation In the case of divorce by litigation (divorce by court judgment), the unilateral party can apply for the name change of the real estate certificate at the local real estate transaction center with the following documents and materials: 1. ID card (and photocopy); 2. Effective court judgments and materials that can explain the joint property of the husband and wife after marriage; 3. Application form for registration of change of housing property rights, house ownership certificate (including house co-ownership certificate). 3. In the above two cases, if the property right is mortgaged, a bank consent letter must be provided; If the name of the property owner on the original title certificate is incorrect, the relevant certification materials issued by the public security department must be supplemented.

IV. Taxation Standards for Changing the Ownership of Housing Property Rights after Divorce According to the provisions of China's Marriage Law, a house jointly owned by husband and wife is a joint property. The transfer of the property rights of the original co-owned house to one party due to the division of marital property is a change in the co-ownership of the real estate rather than a transfer of the property rights of the house that is taxed under the current deed tax policy. Therefore, no deed tax is levied on the owners of the original co-owned property rights after the divorce.

If the name needs to be removed from the real estate certificate due to divorce, the husband and wife only need to sign an agreement to clarify that the house will be owned by one of the parties in the future, and there is no need to pay deed tax.

You can pay it off.

Handle the property.

Legal analysis: 1. In the case of divorce by agreement, if you want to change the name of the real estate certificate after the divorce, you need to go to the local real estate transaction center with the following materials:

1. ID card (and photocopy) 2. Divorce agreement (divorce agreement must be stamped with the official seal of the civil affairs department or the seal of the civil affairs archives department) 3. Divorce certificate and information that can explain the joint property of the husband and wife after marriage 4. Application form for registration of change of house property rights 5. Housing ownership certificate (including housing co-ownership certificate) to the local real estate transaction center In addition, if the original marriage registration time is not indicated in the divorce agreement, the marriage certificate must also be provided.

2. In the case of divorce by litigation (divorce by court judgment), one party may apply for the name change of the real estate certificate at the local real estate transaction center with the following documents and materials:

1. Identity hall certificate (and copy) 2. Effective court judgment and information that can explain the joint property of the husband and wife after marriage 3. Application form for registration of change of house property rights and house ownership certificate (including house co-ownership certificate).

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.

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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Divorced property deed removal method. In the case of a divorce, the husband and wife shall divide the joint property of the husband and wife. The division of marital property may be divided by agreement of the husband and wife or by court judgment.

The property seepage merger is determined to be owned by one party, and after the other party is compensated for the property, the real estate certificate is removed. The removal of the real estate certificate, also known as the registration of the change of real estate, is carried out by applying to the real estate registration center for the change of registration and submitting the relevant documents related to the divorce. Change the name on the title deed to the name of the holder, and the delisting process will be completed.

[Legal basis].

Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of the right to conceal the concealment of immovable property 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.

First of all, it depends on whether the house loan is repaid, if it is repaid, it is very simple, take the ID card, household registration book, marriage certificate, and the husband and wife go to the real estate transaction center to handle it, which requires dozens of handling fees.

If the loan is not repaid, it will be more troublesome, because the real estate certificate with the name will be replaced, the real estate certificate number will also change, and correspondingly, the mortgage certificate in the bank will also change, so you will have to go to the bank to open a certificate, and you will have to apply to the bank to change the mortgagor. After the bank agrees, go to the trading center to handle it.

If it is only the addition or subtraction of the name between the husband and wife, you only need to pay a handling fee of several tens of yuan.

If it is a rest of the relationship, it is regarded as a sale or gift. You need to pay deed tax, business tax, stamp duty, etc.

Reducing the name is similar to a share transfer, and the process is similar to a normal real estate transaction. There are four scenarios:

1. Purchase of ordinary houses below 90 square meters: 1%;

2. Purchase of ordinary houses of more than 90 square meters:

3. Non-purchase of ordinary residences: 3%;

4. Purchase of non-ordinary residences: 3%.

Taking an ordinary house of 60 square meters and 1.8 million yuan as an example, there are 3 names of parents and children, and now the names of the children are removed, and the deed tax that needs to be paid is at least 6,000 yuan and up to 10,000 yuan according to different circumstances.

1. The principle of division of property in divorce.

Clause. 1. Adhere to the principle of equality between men and women: When dividing common property, both parties should have equal rights, and one party should not give him or her less or part of his or her property because of his or her low economic income or no economic income.

Clause. 2. Adhere to the principle of taking care of the interests of children and women: At present, there is still a certain gap between the economic conditions of women and men in our country, and the interests of women and children should be properly taken into account in the division of property, and the party raising the minor children should be appropriately given more property.

Clause. 3. The principle of taking care of the innocent party: If one party commits bigamy, cohabitation with another person with a spouse, domestic violence or abuse, or abandonment of a family member, the innocent party has the right to claim damages. But if you are at fault, it doesn't mean that you will "leave the house".

Fourth: the principle of fairness: the economic interests of the husband and wife should be liquidated at the time of divorce, such as: the contribution of both husband and wife to housework and raising children, the decline in the living standard of one party after divorce, and the proper placement of the hospital room after divorce.

Clause. 5. Respect the wishes of the parties and the principle that property agreements precede the law: Citizens have the right to dispose of their own property, and they can deal with property issues between the two parties in various forms.

Article 1087 of the Civil Code provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.