Can the house be transferred to the children after the divorce?

OK. In the event of a divorce, the parties may agree in the divorce agreement to transfer the property to the minor children, and the law does not prohibit this behavior. If the child is an adult, the property can be transferred directly to the child.

Legal analysis: The divorced parties can agree in the divorce agreement to transfer the property to the minor children, the law does not prohibit this behavior, and there will be no problem if the parties perform according to the agreement. Legal basis:

Article 1076 of the Civil Code of the People's Republic of China Where both 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 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.

The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to 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.

Of course, as long as both parties agree to transfer the house to the child's name; Of course, if it has been confirmed that the house is owned by one party at the time of divorce, it is enough to unilaterally agree at this time.

After the divorce, the house can be transferred to the children, and if both spouses agree, the house can be donated to the children. After the husband and wife decide to donate the joint property to the child, if the child is an adult, he can go to the housing registration department directly to change the cherry blossom and register; If they are minors, they must submit their guardianship certificate and guardian identity certificate, and note the name of their legal guardian on the real estate certificate.

Legal basis] Article 209 of the Civil Code, the establishment, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law.

First of all, citizens have the right to dispose of their own property, and when the husband and wife divorce, the law allows the husband and wife to negotiate and deal with the property issues on their own at the time of divorce, and if no agreement is reached, the court will make a judgment according to the specific circumstances and take care of the rights and interests of the children and the woman. As long as both parties agree on the agreement, the property can be transferred to the minor children.

Secondly, the house donor and the donee enter into a written contract for the house donation, and go through the notarization and registration procedures for the transfer of house ownership.

Legal basis] Article 65 of the Civil Code, Article 19, if the donated property needs to go through registration or other formalities in accordance with the law, the relevant formalities shall be completed.

First of all, citizens have the right to dispose of their own property, and when the husband and wife divorce, the law allows the husband and wife to negotiate and deal with the property issue on their own at the time of divorce, and if no agreement is reached, the court shall make a judgment according to the specific circumstances and the principle of taking care of the rights and interests of the children and the woman. As long as both parties agree on the agreement, the property can be transferred to the minor children.

Secondly, the house donor and the donee enter into a written contract for the house donation, and go through the notarization and registration procedures for the transfer of house ownership.

1. How to divide the property of the divorce as determined by the court.

In the event of divorce, the joint property of the husband and wife shall generally be disposed of through consultation between the two parties, and if the negotiation fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The division of property in divorce shall follow the following principles: (1) The two parties shall decide through consultation, and the division of property between the husband and wife shall be carried out by both parties in accordance with the principle of consensus, and cannot be decided by one party.

2) Equality between men and women. Women should not be discriminated against, and women's rights should be respected and protected when dividing the joint property of husband and wife in divorce. (3) Take care of the rights and interests of children and women.

If the negotiation 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 and the woman. (4) The principle of compensation. If one party has paid more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

5) The principle of taking care of the innocent party.

2. What should I do if the name of the child is not written in the divorced house?

The divorce house does not have the child's name written on it, and both parties need to sign a gift agreement. The specific regulations are as follows:

1. Through the gift agreement, the house will be donated to his children, and then the donee will pay the deed tax and receive the deed with the original house ownership certificate and gift letter;

2. In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

3. Do I have to pay taxes on the division of property in divorce?

At present, divorced property does not need to pay taxes, if the husband and wife want to divide, they need to negotiate on an equal footing, if the negotiation fails, they can file a lawsuit with the people's court. The division of property at the time of divorce is the legal consequence of divorce, and the law allows the husband and wife to negotiate and deal with the property issues on their own at the time of divorce, and if no agreement is reached, the court shall make a judgment according to the specific circumstances and the principle of taking care of the rights and interests of the children and the woman.

Article 659 of the Civil Code provides that if the donated property needs to go through registration or other formalities in accordance with law, the relevant formalities shall be completed.

1. China's laws stipulate that citizens have the right to dispose of their own property, and when the husband and wife divorce, as long as both parties reach an agreement, Bei Tease can transfer the property to the minor children. If the property right transfer registration formalities have not been completed, but a written gift contract has been concluded between the parties, and the donor has handed over the original house ownership certificate to the donee, the gift shall also be deemed to be established in accordance with the provisions of the Supreme People's Court.

2. The Civil Code of the People's Republic of China stipulates that both parties to a divorce have the right to apply for revocation of the Divorce Agreement within one year after the divorce by mutual agreement, but if it is not found that there was fraud or coercion in the conclusion of the property division agreement after trial, the litigation claims of the parties shall be rejected in accordance with law. According to this view, the divorce agreement stipulates that the gift of real estate to the children is of the nature of a moral obligation, and it is of the nature of compensation for the harm caused to the minor by the parties' actions.

3. After the divorce, the property can be transferred to the children, but it needs to be registered. At the same time, if you want to remove the name of one party on the real estate certificate, you need to bring the divorce certificate, ID card and household registration book and other materials to the housing management department to apply.

1. What are the steps for house gifting?

Generally speaking, there are several steps to go through to go through the procedures for house donation:

1. The house donor and the donee enter into a written contract for the house donation, that is, the gift letter. According to the regulations, the gift of a house must be in writing.

2. Both parties to the house donation shall pay the relevant taxes and fees according to the provisions with the house ownership certificate, gift contract and other materials.

3. Notarization. According to the relevant regulations of the state and the city, the house donation must go through notarization procedures.

4. Go through the registration procedures for the transfer of house ownership. The parties to the house donation shall apply for the registration of transfer of ownership at the real estate transaction center of Yuna where the house is located, and submit the following materials: (1) application for transfer; (2) ID card; (3) real estate warrants; (4) Letter of Gift and Notarial Deed; (5) Receipts for taxes and fees.

5. The donor delivers the house to the donee. The delivery here is subject to the registration of the transfer of property rights. If the property right transfer registration formalities have not been completed, but a written gift contract has been concluded between the parties, and the donor has handed over the original house ownership certificate to the donee, the gift shall also be deemed to be established in accordance with the provisions of the Supreme People's Court.

2. Should one of the spouses be just when he or she transfers property to the other party?

It is necessary for one spouse to transfer property to the other party justly. According to Article 657 of China's 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.

The provisions of the preceding paragraph do not apply to gift contracts that are in the nature of social public interest or moral obligations such as disaster relief and poverty alleviation, or gift contracts that have been notarized. Article 659:Where donated property needs to go through formalities such as registration in accordance with law, the relevant formalities shall be completed. If the transfer of the property between the husband and wife has not been completed, the gift can still be revoked before the transfer of the property is completed.

As long as both parties agree to transfer the property to the child. Because the house is jointly owned by the husband and wife, the issue of dealing with the house is that both parties need to agree. As long as the two parties reach an agreement, the property can be transferred to the minor children, at this time, the husband and wife He Chanbi only need to go to the housing authority to handle the transfer or donate the house to the children.

Article 240 of the Civil Code stipulates that the owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with the law.