How to charge the husband for the transfer of all the property to his wife

Fees for the transfer of ownership:

1. Fees: registration fees, transaction fees and production costs.

2. Taxes: deed tax and stamp duty.

According to the provisions of China's Marriage Law and its judicial interpretation, whether the deed tax is charged for the transfer of divorced real estate: if the husband and wife divorce and re-divide or belong to one party of the joint real estate, no deed tax will be levied, and only 5/10,000 stamp duty will be levied on each party.

If the ownership of the property originally owned by one of the husband and wife changes at the time of divorce, the deed tax and stamp duty shall be levied according to the act of gift. However, businesses such as divorce and property separation are not subject to individual income tax.

There is only a small amount of stamp duty and production costs to be charged for the transfer of ownership within the marriage. According to the existing legal provisions and current practice, the husband needs to do a good notarization of the gift, and then go to the relevant department to complete the transfer procedures. Real estate transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance and other means, and go to the housing ownership registration center to go through the procedures for changing the property rights, that is, the whole process of transferring property rights from Party A to Party B.

Preparation materials for real estate transfer: application form for real estate transfer registration, identity certificate of the applicant. Materials required by the seller:

Original ID card and a copy of ID card. If you are married, you need the original marriage certificate and a copy, and the original real estate certificate; If one of the husband and wife is unable to be present, they must first write a power of attorney and then go to the justice bureau to notarize, the household registration book and a copy.

Fees: registration fees, transaction fees and production costs.

Legal analysis: The process of transferring real estate to the wife during the marriage is to bring the identity certificate, housing right certificate, household registration book, marriage certificate, transfer confirmation approval form and other materials to the housing management department.

Legal basis: According to the Civil Code of the People's Republic of China, Article 1062 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 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 proceeds of 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.

Article 1063 The following property shall be the personal property of one of the spouses: (1) the premarital property of one of the spouses;(2) Compensation or compensation received by one party for personal injury;(3) Property that is determined in a will or gift contract to belong to only one party;(4) Daily necessities for the exclusive use of one side;(5) Other property that shall belong to one party.

If the house is transferred, go directly, real estate, then you can transfer the property directly, and it won't take much money.

Legal analysis: The fees required are as follows: if the original property was registered in the name of one party and is now registered in the name of the other party, it can be handled by way of transfer registration.

1.Both husband and wife should be present together and bring their ID cards, real estate certificates, marriage certificates and other documents to the real estate transaction registration center. 2.

Cost: about 100 yuan, including name change handling fee, production cost, stamp duty, etc. There are two ways to add your name to the real estate deed: gift and transfer (transfer).

There are corresponding fees to be charged for adding the name to the real estate certificate, mainly deed tax, production cost, etc.

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 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 proceeds of 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.

Legal analysis: During the existence of the relationship between husband and wife, the property of one party can be transferred between husband and wife, this special transaction method is called marital property change, and the marital property change is not taxed, only a registration fee of 80 yuan. Closing Costs:

1. Deed tax: less than 90 square meters and the first time buyer shall be paid at 1%;If the area is more than 90 square meters, the deed tax shall be levied at a reduced rate. 2. Housing transaction fee 3, housing property registration fee 4, housing appraisal fee.

Real estate and other real estate follow the registration system, and the transfer of real estate must be attended by the property owner in person. Otherwise, the transfer of ownership will not be possible. The law stipulates that an application for registration of immovable property for the purpose of sale (transfer of real estate), creation of mortgage, etc., shall be jointly applied by both parties.

If it is a mortgage, the mortgage procedures should be handled, that is, the real estate management department should go through the registration of other mortgage certificates. If it is not registered, the mortgage does not take effect.

Legal basis: Law of the People's Republic of China on the Administration of Tax Collection

Article 1 This Law is enacted for the purpose of strengthening the administration of tax collection, standardizing the collection and payment of taxes, safeguarding state tax revenues, protecting the legitimate rights and interests of taxpayers, and promoting economic and social development.

Article 2 This Law shall apply to the collection and administration of all kinds of taxes levied by the taxation authorities in accordance with the law.

Article 3 The levy and suspension of taxation, as well as tax reduction, exemption, tax refund and tax compensation, shall be carried out in accordance with the provisions of the law; Where the law authorizes ***, it shall be implemented in accordance with the provisions of the administrative regulations formulated by ***. No organ, unit, or individual may violate the provisions of laws and administrative regulations by making decisions on tax collection, suspending, tax reduction, tax exemption, tax refund, tax compensation, or other decisions that contradict tax laws and administrative regulations.

Article 4 Units and individuals that are liable to pay taxes as stipulated by laws and administrative regulations are taxpayers. Units and individuals that are required by laws and administrative regulations to withhold and remit, collect and remit taxes are withholding agents. Taxpayers and withholding agents must pay, withhold, collect and remit taxes in accordance with the provisions of laws and administrative regulations.

Derivative question: What is the transfer fee for apartment buildings?

2) Individual income tax: 1% of the total transaction amount or 20% of the difference between the two transactions, paid by the seller (3) Stamp duty: 1% tax rate, half of the buyer and seller, but so far the state has temporarily exempted it.

4) Deed tax: the base tax rate is 3%, the preferential tax rate and 1%, which is paid by the buyer and is stipulated at the same time. (5) Surveying and mapping fee:

Yuan square meters, total = yuan square meters actual surveying and mapping area; Generally speaking, housing reform houses need to be surveyed and mapped, and commercial houses also need to be surveyed and mapped if there is no surveying and mapping seal of the housing authority on the original property right certificate. (6) The total transaction fee of second-hand housing: 6 yuan square meter for residential and 10 square meters for non-residential (7) registration fee:

The cost of production is 80 yuan, and the total warrant is 20 yuan.

1. How much does it cost a husband to transfer the house to his wife?

1. The process of transferring real estate to the wife during the marriage is to bring the identity certificate, housing ownership certificate, household registration book, marriage certificate, transfer confirmation approval form and other materials to the housing management department.

2. Legal basis: Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage 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 proceeds of 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.

Article 1064.

Debts incurred by the husband and wife as a joint signature or a subsequent recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

2. What are the materials that need to be prepared for marriage registration?

The documents required for marriage registration are as follows:

1. The household registration book of both the newlyweds and the couple is required;

2. Resident ID cards of both newcomers are required;

3. Copies include: copies of the front and back of the ID cards of the two people, copies of the household registration book of the two people, and the home page and the page of the household need to be owned. It needs to be copied on A4 paper;

4. Three two-inch, bareheaded color photos of the two.

Legal analysis: the husband's transfer of the property to the wife's procedures and taxes: the donor and the donee enter into a written contract for the donation of the house, that is, the gift is like a book, indicating the donor, the donee, the gift and other relevant contents.

Go to the notary office, handle the addition and notarization, pay the assessment fee of 6/1000, and the notary fee 2. Go to the Housing Authority and pay the full deed tax 3-4, stamp duty 5/10,000. When the party to the house donation applies for change of registration to the real estate management agency, it shall submit written materials such as the application, identity certificate, original real estate property right certificate, gift letter and notarial certificate.

The real estate management agency will issue the house ownership certificate and the house co-ownership certificate. The donor delivers the house to the donee, and the gift is completed.

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) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.