What information needs to be submitted for the transfer of real estate after divorce

Since there are two legal ways of divorce, divorce by agreement and divorce by litigation. The transfer of divorced real estate is different due to the different ways of divorce, and the preparation materials are also different. The following materials need to be prepared for the transfer of real estate in a divorce by agreement:

Divorce agreement for the division of real estate, the agreement specifies the ownership of the property, divorce certificate and copy, real estate certificate and copy.

1. What materials need to be submitted for the transfer of real estate after divorce?

1. The following materials need to be submitted for the transfer of real estate after divorce:

1) Certificate of ownership of the house;

2) The original ID card and divorce certificate of the parties;

3) Divorce agreement or effective court divorce judgment or divorce mediation document;

4) Two copies of the house registration form and real estate floor plan attached to the original house ownership certificate;

5) Deed tax payment or tax reduction certificate when buying a house;

6) Some also ask the court to issue an enforcement letter.

2. Legal basis: Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.

Those who apply for the registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances:

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.

2. Do I have to pay taxes on the transfer of real estate after the divorce of my husband and wife?

The wife has to pay taxes on the transfer of real estate after divorce. When a house is sold or gifted, the main types of taxes involved are business tax and surcharge, deed tax, and personal income tax.

The materials that need to be submitted for the transfer of real estate after the divorce are: the applicant's identity certificate; For real estate certificates, if there is a co-ownership certificate, the co-ownership certificate needs to be submitted together; Divorce certificate, divorce agreement or divorce judgment; Application for registration of change of real estate.

1. What is the cost of the transfer of real estate in the divorce of the husband and wife.

1) Taxes:

1. The deed tax is 2% of the production price;

2. Stamp duty is 5/10,000 of the production price.

2) Fees:

1. Registration fee;

2. 2% of the transaction fee (according to the production price);

3. The cost of production.

Second, the time of real estate transfer.

If there is no problem with the materials, you must go to the real estate bureau to fill in some ** and a stock contract, and note that the amount on the stock contract must be the same as the amount on the signed contract. After the materials are handed over to the real estate bureau, there will be a receipt form, and you must pay the tax on the date stated above, which generally takes about 15 working days. After the tax is paid, they are waiting in line to get their new title deeds.

The time limit for the real estate certificate is 10 working days (from the next day after the registration is accepted).

3. Precautions.

1. If the two parties reach an agreement on the property, it is enough to go to the civil affairs department for processing, but the real estate transfer procedures must be handled in time. The real estate transfer procedures, that is, the transfer of the sale, that is, in accordance with the normal purchase and sale procedures, can be handled in about a week!

2. I would like to remind the majority of netizens that when divorcing, the divorce agreement can be signed, but it is necessary to go to the Civil Affairs Bureau to stamp the official seal, or directly apply to the court for a judgment. If the divorce agreement is negotiated privately, both parties will be present to sign the transaction.

3. If the divorce of the husband and wife involves the transfer of the house, the two parties shall generally apply for registration together and submit the following information: real estate certificate; Proof of identity and photocopy; In the case of divorce by agreement, the divorce certificate and its copy, the divorce property ownership agreement, and the notarized divorce property ownership agreement shall be submitted if one of the rights holders applies for registration; If the court decides a divorce, an effective court judgment and a copy thereof shall be submitted, and if the ownership of the real estate is specified in the judgment, the right holder may apply for registration.

Legal basis

Article 16 of the Interim Regulations on the Registration of Immovable Property.

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.

Article 211 of the Civil Code of the People's Republic of China.

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.

What materials need to be prepared for the transfer of real estate after divorce depends on whether it is a divorce by agreement or a divorce by litigation.

Since there are two legal ways of divorce, there are two types of divorce: divorce by agreement and divorce by lawsuit. Therefore, the materials prepared for the transfer of divorced real estate are also different due to the different ways of divorce. The following materials need to be prepared for the transfer of real estate in a divorce by agreement:

The divorce agreement for the division of the property, the lease agreement for the cooperative state clearly states the ownership of the property, the divorce certificate and its copy, and the real estate certificate and its copy. What needs to be prepared for the transfer of real estate in litigation divorce is: effective court judgment and copy, judgment or mediation letter stating the terms of the property belonging to one party, notice of assistance in enforcement by the court, ID card and real estate certificate.

After the divorce, the transfer of real estate is handled by the local real estate registration agency. Therefore, the parties need to bring the above materials to the real estate registration agency to handle the transfer of real estate.

The divorced real estate transfer first needs to go through the divorce real estate analysis, which is the proof that the divorced real estate transfer is exempt from deed tax. If it is not for the divorce of the property, the deed tax will need to be paid when the property is transferred. After completing the divorce real estate property analysis procedures, you can go to the real estate management department to go through the divorce real estate transfer procedures.

For the transfer of real estate after the divorce by agreement of the Civil Affairs Bureau, both parties need to bring the divorce certificate, voluntary divorce agreement and other relevant certificates to the real estate transaction center in person to go through the housing transfer procedures. If one of the parties does not cooperate with the transfer of ownership after the divorce, the problem becomes much more troublesome.

Legal basis

Article 208 of the Civil Code.

The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.