How do I change the name of the real estate witness? What are the procedures? How much does it cost?

How to handle the increase and decrease of co-owned property, change of co-ownership and name change of husband and wife.

1. Types of co-owner changes: increase, decrease, and change co-owners.

Second, the increase in the number of co-owners.

If the original owner of the property wants to transfer a part of his share to the new co-owner and add a new co-owner, the original co-owner shall be regarded as the seller or donor, and the new co-owner shall be regarded as the buyer or the donee in the form of sale or gift, and the change registration shall be completed and the relevant taxes and fees shall be paid. (If the donee is a minor child, no deed tax shall be paid).

Third, reduce the situation of co-owners.

The co-owner who is deemed to have been reduced transfers his share to another co-owner and pays taxes on the basis of sale or gift respectively when registering the change.

Fourth, the situation of changing the co-owners.

The co-owners who are deemed to have been reduced transfer their shares to the newly changed co-owners and pay taxes on the basis of sale or gift. The co-owner of the change shall provide an agreement of the co-owners agreeing to the change at the time of registration.

Fifth, special circumstances.

1. If one of the husband and wife wants to add the name of the other party after marriage, it is regarded as an increase in co-owners, and if the name of the husband and wife is not changed, it is deemed that the original property owner transfers 50% of his share to his spouse and pays taxes.

2. The co-owner of the house during the break period cannot be changed at will, which involves the risk of the bank lender and must be agreed by the developer and the bank.

3. If the co-owner is added before the real estate certificate is applied for after signing the purchase contract, it is necessary to negotiate with the developer to add the co-owner as the buyer in the original purchase contract.

4. If a family member dies in the co-owner, minus his or her name, it shall be handled according to inheritance and no tax shall be paid.

6. Types of name changes for couples:

1. The name of the husband and wife is changed to the name of one person.

2. One of the names is changed to the other's name.

3. The name of one person is changed to the name of two husband and wife.

During the existence of the husband and wife relationship, the property is jointly owned, and no matter whose name is on the real estate certificate, it is the joint property of the husband and wife, so the name change of the husband and wife is not regarded as the transfer of property and no tax is paid.

If in the way of buying and selling:

1. Transfer by way of sale, the buyer pays the deed tax, the general house is, and the non-ordinary property is 3%.

2. If it is transferred by gift, the buyer shall pay 3% of the deed tax.

3. If the real estate certificate is issued for no more than 5 years and is transferred by way of sale, the transferor will also have to pay business tax.

One. The name on the title deed can be changed; Two. The procedures for changing the name vary depending on whether you have a mortgage or not. Separate procedures and fees.

The real estate certificate can only be the name of one person, you are talking about the name of the co-owner of the property, go to the housing authority, and cancel the co-ownership certificate of the co-owner.

Legal analysis: The procedures required to change the name of the real estate certificate are: signing an agreement on transfer, sale, gift, inheritance, etc.; Bring the relevant materials to the real estate registration center where the property is located to submit an application for name change; Go to the tax window for tax review; After paying taxes and fees, go through the registration procedures for property rights change in accordance with the law.

Legal basis: Interim Regulations on the Registration of Immovable Property

Article 14 Where an application for registration of immovable property is made for sale, mortgage creation, 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;

Registration Procedure. Registration Procedure.

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.

Article 15 The parties or their persons shall apply to the immovable property registration authority for immovable property registration.

The applicant may withdraw the application for registration before the immovable property registration authority records the application for registration in the immovable property register.

Article 16 The applicant shall submit the following materials and be responsible for the authenticity of the application materials:

1) Application for registration;

2) Identification materials and power of attorney of the applicant and ** person;

4) Materials such as the site, spatial boundaries, and area of immovable property;

5) Explanatory materials on the interests of others;

6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.

The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.

Changing the name of the title deed requires money, a house registration fee and related taxes and fees. The parties concerned may bring the relevant materials to the real estate registration center where the property is located to submit an application for name change, go to the tax window for tax review, pay taxes and fees in accordance with the law, and then handle the business of increasing or decreasing co-owners, and pay the drawing and registration fees. Specifically, it is divided into the following situations:

1. If there is a house without a loan, a handling fee of about 100 yuan will be added to the name of the replacement real estate certificate;

2. If there is a house and a loan, the cost of adding the name to the real estate certificate: in addition to paying the above handling fee of about 100 yuan, if the loan is a pure provident fund, you need to pay about 100 yuan; If the loan is in the form of a combination (provident fund + commercial loan), you need to pay about 200 yuan in addition;

3. If it is between husband and wife, the fee is 5 yuan for the stamp duty of the real estate certificate. The name of the house needs to be changed, and if the house ownership certificate has been obtained, it can be changed. Both husband and wife must be present at the same time and fill in the "Application for Housing Ownership Registration".

Legal basisArticle 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.

Article 211.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

Article 217.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Modify the name of the title deed through the transfer of ownership.

Real estate certificate transfer process:

1. Go to the "Registration Information and Verification Agreement" window to go through the formalities of information registration and agreement verification;

2. Go to the "Real Estate Valuation" window to go through the appraisal procedures;

3. Go to the "notarization" window to go through the notarization procedures;

1.The applicant's resident ID card or household registration booklet and its photocopy;

2.If the person applies on behalf of the client, the entrusting person shall submit the power of attorney and ID card and its copy; Other ** persons need to submit proof of ** right qualifications;

3.Certificate of ownership of the inherited property;

4.Death certificate of the decedent;

5.If the legal heir is deceased, the death certificate and kinship certificate must be submitted;

6.Proof of marriage, parents, children and relevant kinship of the decedent;

7.Other certificates and materials that the notary deems necessary to be submitted;

4. Go to the "Private Transaction" window to go through the transaction procedures;

5. Pay stamp duty at the "Deed Tax and Stamp Duty" window;

6. Go to the "Property Rights Registration and Issuance Certificate" window to go through the procedures for changing the name of the "House Ownership Certificate".

Materials required for the transfer of real estate certificate:

1) Application for registration;

2) Proof of identity of the applicant;

3) Certificate of house ownership or real estate right;

4) Documents proving the transfer of ownership of the house;

It can be a sales contract, an exchange contract, a gift contract, a bequest certificate, an inheritance certificate, a division agreement, a merger agreement, a legal document effective by a people's court or arbitration commission, or other materials proving the transfer of ownership of the house.

The main taxes that need to be paid are:

1. Deed tax: generally 1% of the house price (1% can be paid for the area of less than 90 square meters and the first house, paid for the area of more than 90 square meters and less than 144 square meters, and 4% for the area of more than 144 square meters).

2. Business tax: If the real estate certificate is less than 5 years old, the property certificate can be exempted from business tax after five years.

3. Personal income tax, 1% (real estate certificate can be exempted if it is the only house for 5 years).

4. Transaction fee: 3 yuan per square meter (but generally the buyer needs to pay the transaction fee of both parties, that is, 6 yuan per square meter).

5. Surveying and mapping fee: according to the specific provisions of each district.

6. Ownership registration fee and evidence collection fee: generally within 200 yuan. One. The name on the title deed can be changed; Two. The procedures for changing the name vary depending on whether you have a mortgage or not. Separate procedures and fees.

Answer: Hello dear, the real estate certificate name change procedures, only need to bring the marriage certificate, two house certificates, the original and copy of the ID card to the local real estate transaction center "change registration" window to handle, the name change fee deed tax: ordinary residential according to the purchase price, non-ordinary residential according to the purchase price 3% of the buyer to bear. If the purchased property exceeds 144 square meters, the deed tax to be paid is 3% of the house price; If the deed tax is not more than 144 square meters, the deed tax to be paid is the house price; It should be noted that in the case of the first home, the deed tax payable for the purchase of a property of up to 90 square meters is 1% of the house price.

2.Business tax: If the real estate certificate is less than five years old and the area of the house is more than 144, the business tax shall be paid as the total house price; If the area is less than 144, the difference in price shall be paid as business tax; If the real estate certificate is more than 5 years old, the business tax on the profit part of the real estate transaction is required for an area of more than 144, and the business tax for an area of less than 144 is not required.

3.Personal income tax: If the owner has obtained the real estate certificate for less than 5 years, the individual income tax of the house will be charged at 20% of the transaction difference.

If the real estate certificate is more than 5 years old and it is the only house, it does not need to pay personal income tax; If the area is more than 144 square meters, 20% of the profit of the real estate transaction or 2% of the total price of the property shall be paid; If the area does not exceed 144 square meters, you need to pay 20% of the profit of the real estate transaction or 1% of the total price of the real estate.

With the purchase contract, the real estate certificate and the ID cards of both parties, go to the housing authority to go through the property right transfer procedures. The buyer pays the sail deed tax and stamp duty on the house price, and the seller pays the stamp duty on the house price and 1% personal income tax. If the time on the title deed is less than five years, the seller will also have to pay the business tax, which will be exempted for five years.

There are some expenses incurred in handling the inheritance and transfer of real estate, mainly the notarization of real estate inheritance, the cost of house valuation and the tax of real estate transfer: inheritance notarization fee; The inheritance notary fee is charged at 2% of the appraised value of the real estate inherited by the heir, and the lower is not less than 200 yuan.

Real Estate Management Act

Article 61.

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.

Legal analysis: 1. Prepare materials for change registration, and provide materials such as housing sales contracts if they involve housing sales; 2. Go to the real estate registration agency where the property is located to collect and fill in the application for change of registration; 3. Submit materials and submit them to the staff for review; 4. After passing the review, the change registration will be completed within 30 working days from the 10th day of acceptance.

Legal basis: Interim Regulations of the People's Republic of China on Real Estate Registration

Article 15 The first paragraph of the party or its ** person shall apply to the real estate registration agency for real estate registration.

Article 20 The immovable property registration authority shall complete the immovable property registration formalities within 30 working days from the date of acceptance of the registration application, except as otherwise provided by law.

Legal analysis: 1. Prepare materials for change registration, and provide materials such as housing sales contracts if they involve housing sales; 2. Go to the real estate registration agency where the property is located to collect and fill in the application for change of registration; 3. Submit materials and submit them to the staff for review; 4. After passing the review, the registration of the bad group change will be completed within 30 working days from the 10th day of acceptance.

Legal basis: Interim Regulations on the Registration of Immovable Property of the People's Republic of China

Article 15 The first paragraph of the party or its person shall apply to the immovable property registration agency for immovable property registration.

Article 20 The immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, except as otherwise provided by law.