Can a husband and wife give a real estate, and the husband and wife can give a real estate

During the marriage, if the husband and wife sign a written agreement stipulating that the house owned by the individual before marriage registered in the name of one party is jointly owned by the husband and wife, it belongs to the marital property agreement of the husband and wife as provided for in the first paragraph of Article 19 of the Marriage Law of the People's Republic of China, and is binding on both husband and wife, and does not affect its validity because of whether or not the registration of the change of ownership of the house is handled. Article 19 of the Marriage Law of the People's Republic of China stipulates that husband and wife may agree that property acquired during the marriage relationship and property before 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 unclear, the provisions of articles 17 and 18 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

The law stipulates that Article 19 of the Marriage Law of the People's Republic of China stipulates 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 unclear, the provisions of articles 17 and 18 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

Legal analysis: Generally speaking, the donor is required to pay business tax, and the tax rate for paying business tax is 5%. If the property is donated between close relatives and persons with a relationship of custody or support, and if the property is acquired by inheritance or bequest, it is exempt from business tax.

If it is a gift of real estate between other people, business tax shall be paid in accordance with the law, but if the real estate donated between other people reaches a certain number of years, it can still be exempted from business tax if it meets the conditions for exemption from business tax.

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

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.

Article 658:The donor may revoke the gift before the transfer of the right to the donated property.

The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.

Article 659:Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.

Article 660:Where the donor does not deliver the donated property in a notarized gift contract or a gift contract that must not be revoked in accordance with law and has the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or 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.

1. Can a husband and wife donate real estate?

Husbands and wives can gift real estate. Housing Donation Procedures: The donor and the donee sign a written contract for the gift of the house.

Notarization. According to the relevant regulations of the Ministry of Justice and the Ministry of Construction, the gift of housing must be notarized. The notarization of the gift shall be accepted by the notary office at the donor's domicile or the place where the gift occurs.

The gift of immovable property may also be accepted by the notary office where the immovable property is located. Handle the registration procedures for the transfer of ownership of the house. The parties to the house donation shall submit the following documents to apply for change of registration at the real estate management agency:

The application form for house donation, the certificate of ownership of the house, the floor plan of the house, the notarial certificate of house donation, the ID card or household registration copy of the donor and the donee should be checked with the original and the deed tax, and the donor will deliver 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, and then the transfer procedures shall be completed.

Article 185 of the Contract Law of the People's Republic of China provides that 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. There is no restriction on the relationship between the donor and the donee.

Article 186:The donor may revoke the gift before the transfer of the right to the donated property. 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 187: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.

2. Can a husband and wife change their mortgage?

Couples can change mortgages.

Remortgage refers to the house that the borrower uses as collateral during the repayment period of the personal housing loan, and the purchaser of the house continues to repay the unexpired loan of the borrower with the consent of the lending bank.

If you meet the conditions for refinancing, you can remortgage.

The specific conditions are:

1) The original borrower must repay the outstanding principal and interest;

2) The original borrower needs to have a legal right to dispose of the purchased house, and the house has no other rights.

3. Do I need to pay taxes on the gift of real estate to my family?

Both house gifts and house exchanges are subject to deed tax. Proportion of deed tax to be paid on the gift of a house: Article 3 of the Ordinance stipulates that:

The tax rate on the deed of property gift is 3% to 5%. The applicable tax rate of deed tax shall be determined by the people of provinces, autonomous regions and municipalities directly under the Central Government within the range specified in the preceding paragraph in accordance with the actual situation of their respective regions, and shall be reported to the Ministry of Finance and the State Administration of Taxation for the record. In addition, Article 4 provides:

The deed tax paid for the gift of the house shall be verified by the collecting authority with reference to the market ** of the house sale. Of course, if the house is donated to the legal heirs, there is no deed tax.

The transfer of the right of the movable property requires the delivery of the movable property, and the transfer of the right of the immovable property requires the registration of the change of the real right, and the transfer of ownership of the gift only occurs after the above acts are performed. However, the transfer of property rights of the marital property agreement has already occurred in accordance with the above agreement from the date of signing, but without the formalities of filial piety of the property right, it may not be used against a bona fide third party.

Legal basis: Article 659 of the "Code of the People's Republic of China" Article 659 Where the donated property needs to go through the records of the tomb of Brother Qiao or other formalities in accordance with the law, the relevant formalities shall be completed.

The transfer of rights to movable property requires the delivery of the movable property, and the transfer of rights to immovable property requires the performance of the registration of the change of property rights. However, the transfer of property rights of the marital property agreement has taken place in accordance with the above-mentioned agreement since the date of signing the agreement, but it is not allowed to oppose a bona fide third party without the formalities of changing the property right.

Legal basis: Civil Code 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.

Legal Analysis: The gift of a house between husband and wife should be regarded as an agreement between the husband and wife on property, therefore, the gift is valid. Moreover, once the registration of the change of the real estate has been carried out, it is deemed that the gift has been completed, and the donee will obtain the ownership of the house.

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 their marital relationship is the joint property of the husband and wife and is 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, and (4) inherited or donated property, except as provided for in item 3 of article 1063 of this Law, and (5) other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.