How to write a house ownership transfer agreement between brothers and sisters

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As people's lives get better and better, and there are not many brothers and sisters in the family, it is not surprising that there is a phenomenon of real estate transfer between brothers and sisters. So do you all know how to transfer the property between brothers and sisters? Let's take a look.

1. How to transfer the property between brothers and sisters.

There are two ways to transfer a property between siblings. The first is gift transfer: this method pays less tax and is suitable for homeowners who no longer have a property to be listed for trading after the transfer.

The second is the transaction transfer: if there is still a plan to list and trade after the transfer of the house, then it is better to choose the transaction transfer method, only need to pay the deed tax and the certificate fee, and the actual amount paid for the transaction is up to everyone.

2. The transfer cost of the house transaction.

1. Deed tax. For properties under 90 square meters, the deed tax rate is 1%. For properties over 90 square meters, the deed tax rate is 3%.

2. Land value-added tax.

There are two types of LAT levy, the first is that the house ownership certificate has been completed for five years, and the LAT can be exempted. The second is that if the house ownership certificate is less than five years old, it needs to be paid according to 1% of the real estate transaction**.

3. Individual income tax.

The collection of individual income tax is also divided into two types, the first is that the "full five only" real estate is exempt from individual income tax, which means that the transaction of real estate to obtain housing property rights for more than five years and is the only residence of the family can be exempted from individual income tax. The second is that the property less than five years old will be levied according to 1% of the real estate transaction, or 20% of the difference between the original ** and the transaction**.

4. Other expenses.

Housing transaction fee: according to the building area of 6 yuan square meter.

Housing property registration fee: per dollar, each additional person will be charged 10 yuan more production cost.

Housing appraisal fee: to be paid according to the appraisal amount.

Summary: The above is the answer to the relevant content of "how to transfer the property between brothers and sisters", I hope to bring some reference help to friends who need to destroy the knowledge bureau. If you need to know more about real estate, please continue to pay attention to other relevant information of Qeeka Home or consult your local housing authority.

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Legal analysis: If you choose the way of gift and transfer the property to the immediate family, then the real estate gift transfer between the immediate family members needs to pay 3% of the deed tax, but the real estate transfer needs to pay a large amount of taxes and fees, if the house is purchased for less than five years or even less than two years, the gift transfer is more cost-effective. If you choose to buy and sell, transfer the property to your immediate family, including the following costs:

If you pay normally for less than two years, you will be exempted from payment for two years, and you will pay according to the transaction price; If the property is only for 5 years, and the area on the real estate certificate is less than 90 square meters, the deed tax shall be paid at 1% of the total transaction price; If the area of the property is more than 90m on the real estate certificate, the deed tax shall be paid according to the total transaction price; If it is not the only property, the deed tax is 3% of the total transaction price.

Legal basis: Provisional Regulations of the People's Republic of China on Deed Tax

Article 2 The term "transfer of land and housing ownership" in these Regulations refers to the following acts:

1) the transfer of the right to use state-owned land;

2) Transfer of land use rights, including **, gift and exchange;

3) Housing sales;

4) Housing donation;

5) Housing exchange. The transfer of land use rights in item (2) of the preceding paragraph does not include the transfer of rural collective land contracting and management rights.

Article 3 The deed tax rate is 3-5%. 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.

Article 2 of the Provisional Regulations on Stamp Duty The following vouchers are taxable vouchers:

1) Purchase and sale, processing contracting, construction project contracting, property leasing, cargo transportation, warehousing and storage, loans, property insurance, technical contracts or certificates of a contractual nature;

2) Documents for the transfer of property rights;

3) Business account books;

4) Rights, licenses;

5) Other vouchers determined by the Ministry of Finance for taxation.

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

Article 9 Where an application for immovable property registration is made, the applicant shall fill in the application form for registration and submit proof of identity and relevant application materials. The original application materials shall be provided. Where the original cannot be provided due to special circumstances, a copy may be provided, and the copy shall be consistent with the original.

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 house registrant and his spouse need to hold ID cards, household registration books, marriage certificates, housing real estate certificates, deed tax certificates, land certificates, and the two of them go to the housing management to handle the transfer and transfer of ownership with the transferee, and the transfer method can choose to buy and sell the transfer, gift transfer, according to the different transfer methods, whether the house is full of five unique, the size of the area, the total price of the assessment, and other factors to determine the amount of transfer taxes and fees to pay. The premise is that the housing loan needs to be paid off and there is no collateral.

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 immovable property rights are acquired by inheritance or bequest (3) the legal documents effective by the people's courts and arbitration commissions or the effective decisions of the people are established, altered, transferred, or extinguished (4) the name or title of the right holder or the natural conditions are changed, and the application for modification of registration is applied for, (5) the immovable property is lost or the right holder renounces the rights of the immovable property, and the application for cancellation of registration is made (6) the application for correction of registration or objection registration is made (7) the law, Other circumstances where administrative regulations provide that a unilateral application may be made by a party.

Summary. Hello, if her name is registered, then it is joint property, and if it is not registered, it is still personal property.

Hello, is there something wrong with your side?

The ancestral house is in my father's name. After being widowed and marrying a wife. Will the ancestral house be the joint property of the husband and wife?

The ancestral house is in my father's name. After being widowed and marrying a wife. Will the ancestral house be the joint property of the husband and wife?

Hello, according to the information you provided for the stool, it will not be the joint property of the husband and wife, because in this case, it is just in the name of your father, and it has nothing to do with her finding the old Wang Luwei again.

Is the ancestral house of remarrying a wife after being widowed related to a modern wife?

Is the ancestral house of remarrying a wife after being widowed related to a modern wife?

Hello, this one won't, this one doesn't have anything to do with it, this is just your dad's personal property.

An ancestral house is a property that is registered after a wife.

An ancestral house is a property that is registered after a wife.

Because the real estate registration in the countryside was only implemented last year.

Because the real estate registration in the countryside was only implemented last year.

Hello, according to the information you provided, if the property is registered later, in this case it may be the joint property of the husband and wife.

Is the same thing about ancestral houses?

Is the same thing about ancestral houses?

Hello, if her name is registered, then it is joint property, and if it is not registered, it is still personal property.

Summary. Hello, happy to answer your questions. How to write the house property transfer agreement between brothers and sisters, generally speaking, when handling property rights as a buyer, it is indeed not so strict.

The reason is that as a house to buy, only the purchase requires a title certificate. So there are places where it's okay to go to just one person.

Hello, happy to answer your questions. How to write the house property transfer agreement between brothers and sisters, generally speaking, when you go to handle property rights as a buyer, you really don't have such a strict elimination. The reason for the draft is to buy a house as a loose filial piety, but the purchase requires a property right certificate.

So there are places where it's okay to go to just one person.

Since the seller is involved in the transfer of property rights, both husband and wife must be present. However, as a joint property of husband and wife, if one person goes to register, the housing authority in order to avoid trouble, (some of the husbands. The wife only registers one person, and the other does not know the quarrel of the banquet), so it is mandatory for both parties to be present at the same time.

Hello dear, happy to answer your <>

Immediate Family Real Estate Transfer AgreementImmediate Family Real Estate Gift Contract A Jue Chan Fang (Donor): ID Number: Party B (Donee):

ID Number: Ranqing Party A voluntarily donated all its real estate to Party B. In accordance with the Contract Law and other relevant laws and regulations, the parties voluntarily reached an agreement on the donation of real estate as follows:

Article 1: Party A voluntarily donates its real estate to Party B, and Party B voluntarily accepts the house. The specific condition of the house is as follows:

a) Located in the construction area of square meters; (2) The ownership certificate number of the donated house is: 3) The floor plan of the house and its four to the scope are shown in Annex 1 (4) The method of obtaining the land use right, and the land use right within the scope occupied by the house is donated together with the house. The interest in the house is given together with the house. Article 2:

After consensus, Party A is willing to donate the house to Party B, and actively assist Party B when it can handle the transfer procedures. Article 3: Party A guarantees that the ownership of the house and other specific conditions are complete before the signing of the gift contract and after the contract is signed until the completion of the transfer, and that the house is not legally recourse by others.

Article 4: Party A shall not mortgage, resell or lease the property to others without the consent of Party B, otherwise the mortgage, resale or lease shall be invalid. If Party B is unable to obtain the donated real estate due to the above behavior, Party A shall compensate or refund all the house payments and other taxes and fees paid by Party B on behalf of Party B.

Article 5: If Party A donates the property to Party B, this contract is irrevocable after being signed by both parties and impartialized by the notary public. Article 6:

When Party B can handle the transfer procedures of the house only when Party B can handle the transfer procedures, Party A shall actively assist Party B in transferring the transfer procedures as agreed. Article 7: Party A and Party B are scheduled to formally handle the transfer of ownership of the house when Party B requests the transfer, and apply to the relevant departments for the renaming procedures of the relevant ancillary facilities and related rights and interests.

After Party B receives the "House Ownership Certificate", it shall apply to the land management department for the change of the land use right of the house in accordance with the relevant regulations. If Party A fails to perform the above obligations in accordance with the regulations, it shall bear the liability for breach of contract according to the following agreements: Article 8:

Party A and Party B confirm that although the house ownership certificate is not recorded, the right holder who has the right to co-ownership of the house in accordance with the law has agreed in writing to donate the house to Party B. Article 9: For matters not covered in this contract, both parties may enter into supplementary terms or agreements.

The Supplemental Terms or Supplemental Agreements and the Annexes to this Agreement are integral parts of this Agreement.