How to transfer the property to relatives

OK. The transfer of ownership has nothing to do with the relationship between the parties. The steps for the transfer of ownership are as follows:

Tools Raw materials: real estate transfer registration application form, identity certificate, property right certificate, real estate sales contract.

1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and sign, even if there is only one person's name on the real estate certificate).

2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.

3. After the application materials for the transfer of real estate are submitted to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt.

It generally takes about 15 working days.

4. After the real estate transfer tax is paid, you can get the real estate certificate.

The transfer of real estate to relatives can be handled in the form of gift or sale. Buying and selling is to check the contract between the two parties, and then go to the real estate transaction center to handle the transfer.

The specific steps for handling the real estate gift procedure are:

1.The donor and the donee enter into a written contract regarding the gift of the house, that is, the letter of gift.

2.The donee shall pay the deed tax and receive the deed certificate in accordance with the provisions of the Provisional Regulations on Deed Tax with the original house ownership certificate and gift letter.

3.Notarization. According to Article 3 of the Joint Notice of the Ministry of Justice and the Ministry of Construction on Strengthening Notarization in the Administration of Real Estate Registration, the donation of real estate must be notarized.

4.Handle the registration procedures for the transfer of ownership of the house. The donee who accepts the donated real estate shall submit the following documents at the same time when applying for change of registration to the real estate management agency:

Application; Identification documents of the parties concerned; Original real estate title certificate; Letter of Gift and Notarial Deed; Notarial certificate of bequest and death certificate and bequest certificate of the donor; Deed tax receipts.

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 registration formalities for the transfer of property rights have not been completed, but a written gift agreement has been entered into between the parties, and the donor delivers the original house ownership certificate to the donee, the property rights shall also be deemed to have been delivered and the gift is established in accordance with the provisions of the Supreme People's Court. )

The transfer of real estate is actually very simple, but the transfer to relatives depends on what the relationship is, whether it is a sale or a gift, the sale does not matter, the direct transfer can be, go through the normal procedures, if the gift is more troublesome, the stakeholder of the house needs to cooperate, the transfer to the only child requires the wife to agree to give up the right, there are other children who need them to sign in the transfer center to give up the right to inherit, and other rights holders must be present, and there is no objection to the transfer, so that there will be no trouble in the future.

The transfer of real estate to relatives needs to bring ID card, household registration booklet, real estate certificate, marriage certificate or single certificate of relatives and their copies to the real estate transaction center for transfer, the transfer method is best to transfer the way of sale and purchase as well, and the deed tax payment of the sale and transfer is more cost-effective.

The transfer of the house to the family can be transferred to the relatives through the gift of real estate or the sale of the house, and the house donation needs to go to the housing authority to sign the confirmation of the gift and notarization, which requires fees.

If you want to transfer your property to your relatives, then, in this case, you can go directly to the housing authority with your relevant procedures, but you may have to pay some taxes.

The house can be transferred to a relative. The owner of the house can decide the ownership of the home. And you can leave the house to your relatives by making a will.

You can also directly register the transfer of property rights with your relatives at the real estate registration center, and the change of real estate property rights shall be subject to registration. However, the premise of the above action is that the owner of the house has full control over the house. If it is jointly owned by another person or is a joint property of the husband and wife, it is not possible to transfer the house to your relatives without authorization.

[Legal basis].

Article 209 of the Civil Code of the People's Republic of China 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. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

The procedures required for the transfer of ownership of a house by relatives are as follows:

1. Before going to the real estate management department to handle the transfer of the real estate certificate, the information required for the transfer should be prepared, and according to the relevant laws of our country, the application form for real estate transfer registration, the applicant's identity certificate, and the certificate of real estate rights should be submitted when applying for the transfer of real estate;

2. After the application materials are ready, you must fill in the real estate management department**;

3. After the application materials for the transfer of real estate are handed over to the real estate management department, the real estate management department will give a receipt form, and then pay the tax according to the date stated on the receipt form;

4. After the real estate transfer tax is paid, you can get the real estate certificate.

Handling fee for the transfer of the house by relatives:

1. The donor and the donee go to the notary office where the house is located to notarize the fact of the gift, and the donor and the donee sign the gift contract, and the notary office will charge a notary fee of 2% of the property valuation;

2. Apply to the Housing Authority for valuation, and apply for tax exemption to the tax bureau where the house is located after the appraisal (exempt from business tax, etc.), and the donee shall pay the deed tax of 3% of the house valuation and the stamp duty paid by both parties;

3. After the above procedures are completed, the donee can generally receive the real estate certificate on the same day or the next day with the transfer application, identity certificate, real estate certificate, notarial certificate of gift, and receipt of relevant taxes and fees, and pay the relevant transaction fees, registration fees and stamp fees.

Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property

Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and 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 department 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 recorded sales contract when applying for registration.

Legal Analysis: The procedures required for the transfer of ownership of a house to a loved one are as follows. If the transfer of the real estate certificate does not go through a real estate agent, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract.

Materials required by the seller: original ID card and a copy of ID card; Materials required by the buyer: original ID card and a copy of ID card, household registration book and photocopy.

The registration of immovable property shall be handled by the registration authority where the immovable property is located.

Legal basis: Article 210 of the Civil Code of the People's Republic of China 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.

The procedures required to transfer the house to a loved one are as follows:

1. Sign a transfer, gift or inheritance contract, signed by the owner, and the co-owner needs to sign for the common property;

2. Submit the application materials and fill in the ** and stock contract at the Real Estate Bureau;

3. The real estate bureau will give a receipt and pay taxes and fees;

4. Both parties to the transaction shall complete the registration of property right change in the real estate transaction management department.

The transfer process is as follows:

1. Buyer and seller, if the seller is married, both husband and wife must arrive, hold the sales agreement, both parties' "ID card", both the seller and the husband and wife, and also apply for the real estate transaction management department to handle the procedures for the transfer of housing property rights and declare the transaction**;

2. The real estate transaction management department shall require the real estate of the transaction to be evaluated according to the needs;

3. The buyer shall pay the deed tax to the financial department, and the seller shall declare and pay the business tax and individual income tax to the local taxation bureau, and there shall be preferential policies according to the situation.

4. Waiting for the "House Ownership Certificate";

5. The buyer shall go to the land and resources management department to go through the procedures for changing the land use right with the new "House Ownership Certificate" and the original "Land Use Right Certificate", and receive the new "Land Use Right Certificate".

[Legal basis].Article 209 of the Civil Code of the People's Republic of China.

The creation, alteration, transfer and extinction of immovable property rights 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.

The house is our important property, and many times the transfer of ownership of the house will occur, which can be transferred to the buyer during the sale and purchase, or it can be transferred between relatives. So, how should you handle the transfer of ownership to your loved ones? I have compiled the following answers for you, I hope it will be helpful to you.

Yan's How to transfer the house to a relative.

The transfer of real estate between relatives can change the ownership of the house by inheritance or testamentary succession.

Legal heirs (including spouses, children, parents, siblings, grandparents, and maternal grandparents) inherit land and house ownership, and no deed tax is levied. There is no deed tax, which is of course cost-effective, but the transfer can only be done after the death of the owner. The same is true for testamentary succession, even if the will is notarized, the property owner can still change the heirs at any time before death.

Therefore, this method is not easy to be guaranteed.

If you want to handle the gift, you need to provide the household registration book, ID card, real estate certificate, land certificate and other supporting materials, and go to the notary office to go through the notarization procedures for the gift, and you can go through the property rights transfer procedures with the notarial certificate of gift.

Procedures for the transfer of ownership of real estate.

1. The seller should cooperate with the buyer to conduct the property rights investigation. Including verifying the integrity, authenticity and reliability of the property rights of the house, paying attention to whether the name of the owner on the property right certificate is consistent with the seller, whether there is a mortgage or co-owner, etc.

2. The buyer and seller sign the purchase contract, and sign the house price, payment method, delivery time and deposit in detail.

3. The real estate management department verifies the declared sales, and conducts on-site investigation and evaluation of the transferred houses as needed;

4. The intermediary company goes to the relevant bank for the buyer to handle the loan procedures. The loan application time is relatively strict, most of the time is half a month, of course, it varies from region to region. Finally, after the approval of the bank, after obtaining the approval of the issuance, the transfer procedures will begin.

5. The parties to the real estate transfer shall pay the relevant taxes and fees in accordance with the regulations;

6. The real estate management department shall issue the transfer form.

After completing the above formalities, the parties shall transfer the ownership by virtue.

Therefore, when you handle the transfer of the house to your relatives, you can carry out it according to the content of this article, which is a very important point, and you need to understand the relevant process and the fees that need to be paid for the transfer of the house, which is a very important common sense issue.