The house is in the name of my father in law, and now I want to give it to my husband, whether it is

Inheritance law – the lowest taxes and fees, but the formalities are numerous.

Inheritance notary fee. It is charged at 1% of the appraised value of the real estate inherited by the heirs, with a minimum of not less than 200 yuan.

The advantage of this method is that taxes and fees are minimal. There is no business tax, individual income tax and deed tax on inherited properties. The heir can go through the notarization of inheritance rights with the will, and the notarial certificate of inheritance can be transferred to the housing authority.

But the shortcomings are also obvious: there are many formalities to run to death. There are three conditions that need to be met to inherit a property:

The first is to prove that you have the legal qualifications to inherit the property, or the legal heir, or the heir named by the will. The so-called legal inheritance refers to the heirs of the estate as prescribed by law; Testamentary succession must be a notarized will before the death of the inheritor in order to be legally valid. Second, the estate should be the property that belonged to the individual during the decedent's lifetime.

Thirdly, since the estate is the joint property of all the heirs, the agreement on the division of the property needs to be agreed and signed by each heir before it can be effective.

From the above provisions, it can be seen that the heirs need to issue various certificates to transfer real estate by the inheritance method, and it takes a lot of time and energy during the period.

Gift Law - Main Individual Tax + Deed Tax + Notary Fee.

Individual income tax + deed tax + notary fee. Gifts from immediate family members are exempt from individual income tax; Gifts from non-immediate family members are regarded as sales and need to pay individual income tax, that is, 20% of the profit of the real estate transaction or 1% of the house price (the real estate certificate can be exempted if it is the only house for 5 years). In addition, there is a deed tax of 3% and a notary fee of 1%.

It should be reminded that when the inheritance law and the gift method are used to transfer the property, the heir or the donee can be exempted from individual income tax when the heir or donee sells the house in the future, if the real estate certificate is at least 5 years old and it is the only house. Otherwise, a 20% individual income tax will be levied.

Buying and selling method – safe and convenient, but with higher taxes.

Business tax + individual tax + deed tax. In the transfer of real estate, buying and selling is the most common way, and it is also the most convenient and safe way to operate. However, if the ** price is relatively low, the difference between the selling price and the ** price will increase in the future, and more taxes will need to be paid in the future.

The cost of the gift is too high.

The process of inheriting a property is also more complicated.

Generally speaking, it is cheaper to choose the way to sell to your children.

Reminder: Due to the restrictions of the size of the house, the number of years of residence, the first, the second, and multiple sets, if you need to pay personal income tax, business tax and deed tax according to the highest standards in the process of selling the house to your children, the costs incurred in the process of buying and selling may be much higher than that of real estate inheritance.

Give it, it's taxed anyway, and inheritance is generally after death.

Summary. Hello, after marriage, the house is free of charge between husband and wife.

Hello, please ask me and my husband's house is currently in his name, which my in-laws bought. Can you add my name and when is it more appropriate?

Hello, after marriage, the house is free of charge between husband and wife.

Either way it was purchased.

As long as it's your husband's name, you can add it.

Procedures for adding the name to the real estate certificate: 1. Unilaterally go to the real estate registration center to apply for registration and change of name; 2. The buyer and seller go to the real estate registration center to handle the transfer registration; 3. Go to the notary public to notarize and then apply for transfer; 4. All co-owners jointly apply for change to the real estate registration center; 5. According to Article 14 of the Interim Regulations on the Registration of Immovable Property, if an application for registration of immovable property is made for sale, mortgage or other purposes, both parties shall jointly apply for registration under any of the following circumstances: (1) the immovable property that has not yet been registered shall apply for registration for the first time; (2) Inheriting or accepting a bequest 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 condition changes, and the application for modification of registration is made; (5) Where immovable property is lost or the right holder abandons the right to immovable property and applies for registration of a notice of group cancellation; Legal basis for applying for correction of registration or registration of objections:

Article 14 of the Interim Regulations on the Registration of Immovable Property Where an application for registration of immovable property is made for sale, creation of mortgage rights, etc., the application shall be made jointly by both parties, and the application may be made unilaterally by the parties under any of the following circumstances: (1) the immovable property that has not yet been registered applies for registration for the first time; (2) Inheriting or accepting a bequest to acquire immovable property rights; (3) The establishment, alteration or transfer of effective legal documents of the people's courts and arbitration commissions or effective decisions of the people.

Legal analysis: Yes, there are two methods, one is the sale and transfer of ownership, and the other is the transfer of gift.

Legal basis: Interim Regulations on the Registration of Immovable Property Imitation Leather Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply.

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 inheritance or acceptance of a bequest to obtain the right to immovable property (3) the effective legal documents of the people's court or the arbitration commission or the effective decision of the people's ** of the person preparing the person for the establishment of immovable property rights are changed, alteration, transfer or extinction of immovable property rights (4) the name and title of the right holder or the natural condition of the right holder changes, and the application for modification of registration is made (5) the immovable property is lost or the right holder renounces the right to immovable property and applies for cancellation of the registration of the blind record (6) the application for correction of registration or objection registration (7). Other circumstances where laws and administrative regulations provide that a unilateral application may be made by the parties.

It is necessary to pay off the housing loan, have a real estate certificate, a deed tax certificate, and a land certificate of the nature of the transfer.

The in-laws and the man, each holding their ID cards, household registration booklets, marital certificates, and the above housing certificates, should go to the housing management department to which the housing belongs to apply for the transfer of ownership of the housing.

Housing Registration Measures:

Article 13. In the case of a co-owned house, the co-owners shall jointly apply for registration.

The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.

Article 32.

In any of the following circumstances, the parties shall apply for registration of the transfer of housing ownership after the relevant legal documents take effect or the facts occur:

a) Buying and selling; b) interchangeable;

3) gifts; 4) Inheritance and bequest;

Article 33.

To apply for registration of the transfer of ownership of a house, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

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

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Just go to the housing management office and pay a little tax.

Article 18 (3) of the Marriage Law stipulates that if only one of the children is gifted, the immovable property shall be recognized as the personal property of one of the spouses.

According to you, if there is only your husband's name, then you have no share in the house; If you write the names of 2 people, it is considered to be jointly owned or shared by shares. However, the gift of property to several people must be decided by the donor, not by your husband's donee, unless, after your husband gets the property rights, he will give you another half.

Regarding the revocation of your father-in-law, Article 186 of the Contract Law of the People's Republic of China provides that the donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to gift contracts that are in the nature of social public interest or moral obligations such as disaster relief and poverty alleviation, or gift contracts that have been notarized. Article 192: In any of the following circumstances, the donor may revoke the donation:

1) Seriously infringing upon the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation. Article 193: If the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or legally-designated persons may revoke the donation.

The right of revocation of the heirs of the donor or the legal ** person shall be exercised within 6 months from the date on which the reason for revocation is known or should be known. Article 195:Where the donor's economic situation has deteriorated significantly, seriously affecting his or her production or family life, he may no longer perform the obligation to donate.

It depends on the specific situation, but as long as you write 2 people, you must have the relevant rights.

This can be thought of as an agreement between the couple on the pre-marital property, and the two of you have rights to the house according to the title deed. If you divorce in the future, it will also be divided according to the record of the real estate deed.

Now you can ask your father-in-law to go to the notary office with you to do a notarization of the inheritance of the property rights, that is, he is now voluntarily donating the house to your husband, who is his son. This matter should be done well when the old man is built, so as to avoid worries, otherwise there is no basis for empty words. But even so, your step-mother-in-law has the right of residence.

I'm not married yet, and I've thought about the divorce.