What are the requirements and fees for the transfer of property within a marriage?

You are married, and you basically need to go to the housing authority to handle the transfer of real estate during the marriage, and you need to take the real estate certificate when you transfer the property, and then pay the deed tax, so that you can go through the transfer procedures.

Of course, the transfer of real estate during the marriage is to pay the corresponding fees, because it is transferred from one person's name to another person, so there must be some handling fees for property rights.

The transfer of real estate during the marriage is the same as the cost of buying a house, and you have to pay it, and the same is indispensable.

1. Transfer materials required: the original "House Ownership Certificate", the ID cards of both parties, the "Marriage Certificate" or other marriage certificates, etc. All of the above should be original, and it is best to prepare two copies in advance.

2. Both husband and wife go to the local housing property management authority to handle it, because the parties must fill in the ** in person.

3. If the husband and wife adopt the method of gift, they must first go to the notary office to do the notarization of the gift.

4. Regarding the transfer of marital property, no taxes and fees are charged, only the cost of production.

There is a fee for conveyancing. 1. Transfer costs: (1) Deed tax; For first-time buyers of less than 90 square meters, 1% shall be paid; 90-140 square meters according to the house price; For more than 140 square meters, 3% of the house price shall be paid, and the buyer shall bear it. (2) Business Tax:

The property right of the house shall be exempted for five years, and the seller shall bear the payment of the house price if it has not exceeded five years. (3) Land Appreciation Tax; The property right of the house is exempted for five years, and the payment is 1% of the house price if it is not more than five years. Seller's assumptions.

4) Income tax: Exemption for five years of property rights, less than five years of payment at the rate of 1% of the house price or 20% of the difference between the original value of the house and the current value of the house. (The original value of the house is generally calculated according to the tax paid amount of the previous deed tax) and the seller bears it.

5) Housing transaction fee; According to the building area of 6 yuan square meters, both parties shall pay. (6) Housing property registration fee: RMB.

Buyer assumes. (7) Housing appraisal fee; The appraised amount shall be paid to the buyer. 2. The deed tax shall be paid at 5% of the house price in the case of non-ordinary residential transactions, and business tax, land value-added tax, income tax and stamp duty of 10/10,000 shall be paid according to the regulations, regardless of whether the property right has been obtained for less than five years.

The transaction fee is paid according to the house price, and everything else remains unchanged. Legal basis: Article 1062 of the Civil Code of the People's Republic of China provides that the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the income from the right to travel with knowledge; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be owned by the common owner. Husband and wife have equal rights to dispose of joint property.

Legal analysis: The following procedures are required for the transfer of ownership within marriage: both parties should bring their valid ID cards, household registration books, marriage certificates, housing property registration certificates, purchase contracts, original receipts and other documents, and jointly go to the management department where the house is located to apply for the name change of the housing property registration certificate, and go through the relevant procedures according to the staff's prompts.

Legal basis: Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate to obtain land use rights by way of transfer or allocation, shall apply to the local people's land management department at or above the county level for registration, and after verification by the local people's land management department at or above the county level, the land use right certificate shall be issued by the people at the same level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws. Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property shall apply for registration of the right to use state-owned construction land and the transfer of ownership of houses, and the following materials shall be submitted according to different circumstances:

1) Certificate of ownership of immovable property; (2) Contracts for sale, exchange, or gift; (3) Materials inherited or bequeathed; (4) Split or merger agreements; (5) Legal documents effective by the people's courts or arbitration commissions; (6) The approval documents of the people** or the competent departments with the right to approve; (7) Proof of payment of relevant taxes and fees; (8) Other necessary materials. If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the sales contract that has been filed and accepted by the applicant when applying for registration.

Legal analysis: the premise of handling is that the housing needs to be repaid with a loan, no mortgage, and there is a real estate certificate, a deed tax certificate, and a land certificate.

The process is:

1. Bring the original and photocopies of the three certificates (marriage certificate, ID card, real estate certificate).

2. Go to the real estate trading center in the area where the house is located, first inform at the pre-inspection window that you are here to handle the real estate certificate to add the name of your spouse, and the window staff will review the materials submitted, and if the materials are complete, you will be given a number, and then go to the relevant window with the number.

3. Add your name to the real estate certificate and bring the required fees.

Legal basis: Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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;

(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

5) Other property that shall be jointly owned.

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

Answer: The process and tax regulations required for real estate transfer are as follows: The process required for real estate transfer: The buyer and seller sign the housing sales contract and jointly submit the transfer application materials to the real estate bureau.

After the application materials for the transfer of ownership of the property are submitted, the real estate bureau will give a return receipt to pay the tax according to the date stated on the return receipt. Under normal circumstances, the property ownership certificate can be obtained after the property transfer tax is paid. Fees for Conveyancing of Property:

1. Deed tax; 2. Stamp duty: of the house payment; 3. Transaction fee: 3 yuan per square meter; 4. Surveying and mapping fee:

Yuan square meters; 5. Ownership registration fee and certificate collection fee; 6. Business tax; 7. Individual income tax.

Legal analysis: 1. The transfer of real estate between husband and wife is a gift of real estate, so there is no transfer fee, but there are other expenses. 2. The transfer of real estate within the marriage requires both husband and wife to bring the real estate certificate, property right certificate and marriage certificate to the notary office for notarization of marriage and property.

3. The couple can bring their ID cards, marriage certificates, and notarial deeds to the local housing authority for marital property registration. 4. Generally speaking, the new real estate certificate after the transfer can be registered and collected after 1 week, and the main fees are: registration fee, notary fee, and production cost.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it. In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time (2) the right to acquire the immovable property is acquired by inheritance or bequest (3) the legal documents effective by the people's court or the arbitration commission or the effective decision of the people's ** are established, altered, transferred, or extinguished (4) the name of the right holder or the natural condition changes, and the application for modification of registration is made, (5) the immovable property is lost or the right holder gives up the right to immovable property, and the application for cancellation of registration is made (6) the application for correction of registration or objection to registration (7) Other circumstances where laws and administrative regulations provide that a unilateral application may be made by the parties.

Legal analysis: Regarding the transfer of marital property, no taxes and fees are charged, only the cost of production. During the existence of the husband and wife relationship, if the real estate transfer, name change, name addition and other formalities are handled, taxes and transaction fees are exempted, and only a registration fee of 80 yuan is required.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China Article 1062 The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of the Law; 5) Other property that shall be jointly owned.

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

The transfer of real estate during the marriage is a disposal of common property, and generally only a handling fee of 80 yuan is required.

Legal basis: Article 60 of the Law of the People's Republic of China on the Administration of Urban Real Estate: The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Article 1062 of the Civil Code: The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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;

(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

5) The property shall belong to the joint ownership.

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