What is the handling of real estate title certificate after divorce?

For the transfer of divorced real estate, it is necessary to go through the registration of property separation. Divorce and property separation of husband and wife do not need to go through many procedures, only need to go through the divorce and property separation registration in accordance with the relevant regulations of the Housing Authority. Property dissolution registration is a common type of housing registration, which is also different from inheritance registration and gift registration.

The registration of property separation is mainly applicable to divorce and property separation. As the name suggests, divorce is a registration procedure in which the spouses transfer their share of the house to each other after the divorce. In accordance with the relevant regulations, both parties are exempt from transaction taxes.

The basic steps of property analysis: 1. Go to the notary office to handle the notarization of property analysis (note: if there is a divorce judgment, there is no need to go through notarization); 2. Go to the trading center to handle the transfer; 3. Apply for deed tax exemption at the Housing Authority; 4. Go through the registration procedures for property analysis and pay the registration fee; 5. Forensics.

Usually the ownership of the house in this case is yours, but you have to return half of the mortgage to your ex-husband. For example, if you make a down payment of 100w, and then the total mortgage amount after marriage is 100w. Suppose your house is valued at 400w, then your object has a gain of 100w2 200wx400w.

However, you can also make an agreement with your ex-husband to get him to give up this part of the rights.

The developer is also cautious, afraid of issuing the wrong certificate.

It is best to find your ex-husband and prove that the property is indeed owned by you in the divorce agreement, so that the property can be placed in your personal name.

Legal analysis: It is necessary to provide a divorce certificate and a divorce agreement for the rest of the marriage, because the Construction Committee has to verify the number of convenient units in the family's name, involving tax payment and other issues.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus reached on matters such as child support, property, and the handling of debts and banks.

Legal analysis: 1. The party applying for registration or the person shall submit the application and related materials to the office of the real estate registration agency, such as the hall of the transportation department: identity materials, if the person entrusts another person to be the person, there should also be the identity certificate materials and power of attorney; Housing ** certification materials, registration reason certification documents; materials such as the boundary site, spatial boundary, and area of the house; Explanation of the interests of others, etc.

2. If the immovable property registration agency considers that the application materials are complete and in accordance with the statutory form, it shall accept the application and notify the applicant in writing.

3. After the immovable property registration agency accepts the application for immovable property registration, it shall also inspect the following contents:

1) Whether the identity materials of the applicant and the entrusting person and the power of attorney are consistent with the subject of the application;

2) Whether the ownership materials or registration reason documents are consistent with the content of the application for registration;

3) Whether the results of the title survey such as the real estate boundary, spatial boundary, and area are complete, and whether the ownership is clear, whether the boundary address is clear, and whether the area is accurate;

4) Whether the tax payment or payment vouchers stipulated by laws and administrative regulations are complete.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Quietly accepting 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 side. Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

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 side.

Legal analysis: application - acceptance - inspection - on-site inspection (as appropriate) - payment of taxes and fees - registration in the real estate register - issuance of certificates.

Legal basis: "Interim Regulations on the Registration of Immovable Property" Article 22 If the application for registration falls under any of the following circumstances, the immovable property registration authority shall refuse to register and inform the applicant in writing: (1) in violation of the provisions of laws and administrative regulations, 2) there is an unresolved ownership dispute, 3) the application for registration of immovable property rights exceeds the prescribed time limit, 4) other circumstances in which laws and administrative regulations stipulate that the application shall not be searched and registered.

Summary. Hello, dear, I'm honored to answer for you! <>

After the divorce, if the property has not been processed for the real estate ownership certificate before the divorce, the real estate ownership certificate must be handled by preparing relevant materials, including real estate certificate, ID card, marriage certificate, divorce certificate, etc. Go to the local real estate registration center to apply for the real estate title certificate, fill in the relevant application** and submit the materials. Pay the relevant fees, including real estate registration fees, stamp duty, etc.

Waiting for approval, which generally takes from a few working days to a few months. After the approval is passed, the real estate ownership certificate will be obtained.

After the divorce, if the property has not been processed for the real estate title certificate before the divorce, what should I do if I have to apply for the real estate title certificate?

Hello, dear, I'm honored to answer for you! <>

After the divorce, if the property has not been processed for the real estate ownership certificate before the divorce, the real estate ownership certificate must be handled by preparing relevant materials, including the real estate certificate, ID card, marriage certificate, divorce certificate, etc. Go to the local real estate registration center to apply for the real estate ownership certificate, fill in the relevant application for the old lease and submit the materials. Pay the relevant fees, including real estate registration fees, stamp duty, etc.

Waiting for approval, which generally takes from a few working days to a few months. After the approval is passed, the real estate ownership certificate will be obtained.

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, except as otherwise provided by the law of enlightenment and omission. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

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.

Article 211 of the Civil Code of the People's Republic of China: When a party applies for registration, it shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property according to the different registration and dismantling items.

1.A divorce certificate is not required to purchase a real estate certificate; However, a divorce certificate is required for the transfer of ownership. Because if the property is sold, and the house is the joint property of the husband and wife, it is necessary to prove the agreement and recognition of the property between the husband and wife.

2.Article 1080 of the Civil Code provides that the joint property of divorced husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the civil court shall make a judgment according to the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the child, the woman and the innocent party.