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When buying a house, you can write the name of your newborn child.
Minor children need parents to buy a house**. The specific procedure can be divided into the following two situations:
1) Cash house purchase: parents and children choose a house, and the child's parents go to the exchange at the same time and hold their ID cards, household registration book, marriage certificate (or divorce certificate), kinship certificate (if the household registration is together, the household registration book can be used as a proof of kinship, if the household registration is not together, the birth certificate and the certificate of immediate family relationship issued by the police station are required), and when signing the "real estate sales contract", write the child's name at Party B, and sign your name at the entrusting person. In this way, a valid contract for the sale and purchase of the house is established.
2) Loan to buy a house: Since applying for a loan from a bank requires the applicant to have a relatively stable career and a high income, only in this way can the risk of bank loans be reduced. The child has no income and therefore cannot be a loan applicant.
Therefore, if the child is the owner or co-owner, he cannot take out a loan and can only buy it in cash.
It is important to note that while buying a house in the name of a child may have the effect of avoiding future inheritance taxes, it can also cause problems for parents: there are strict restrictions on the disposal of houses in the names of minors. It takes several years from the time you buy a house to the time your child reaches adulthood.
During this period, the right to dispose of the child's real estate shall be exercised by the guardian as the legal person. At this time, the disposal of the property will involve the protection of the rights and interests of minors. Therefore, when parents need to sell or mortgage the property to obtain funds, unless the parents promise to use the money obtained for their children's study, study, medical treatment, etc., and go through notarization procedures, the registration authority will not handle the transfer or mortgage registration procedures.
For parents, it is easier to buy a house than to sell a house.
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Legal Analysis: Yes.
Legal basis: "Measures for the Registration of Fangmu's Oak House" Article 14 The house of a minor shall be registered by his guardian on his behalf. Where guardians apply for housing registration for minors on their behalf, they shall submit materials proving the guardian's identity; Where an application for registration is made for the disposition of a minor's house, a written guarantee for the minor's interests shall also be provided.
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Children have the civil right to register to buy a house as soon as they are born, so the child's name can be written when buying a house.
It's just that if the child is a minor, he does not have the capacity for civil conduct, so the transfer procedures should be hisLegal guardians(usually parents) do it on his behalf.
The benefits of having your child's name on it are:
1.Registering the house directly in the name of the minor children is convenient and cost-effective, and can also reduce a lot of taxes and fees;
2.The house can be used as pre-marital property, and there is no need to worry about the house being divided in the event of a divorce for your children.
However, when registering the property in the name of the child, you need to be aware of the following risks:
1.The property in the child's name can only be obtained with the consent of the child after the child reaches the age of 18. If the child is under the age of 18, the parents also need to sign a letter of guarantee to ensure that the property in the child's name is for the benefit of the child.
That is, you can't casually** or mortgage the house in the name of your child.
2.The Property Law clearly protects the property rights of houses. If the child does not fulfill the obligation to support the parents, even if the parents want to repossess the house, they will encounter significant legal obstacles.
3.will be affected by the purchase restriction policy. If the child's name is written before the child becomes an adult, because he is also a family member, then he can no longer buy a house under the influence of the purchase restriction, in this case, if the child needs to buy a house independently after becoming an adult, he needs to do a notarization to confirm the house in the name of his parents.
How to give real estate to children is the most cost-effective way to transfer the house between immediate family members There are three ways to inherit, gift, and buy, among which inheritance and gift practice often involve notarization, and the three ways have their own advantages and disadvantages, and they can be chosen according to their own circumstances.
The first is property inheritance, which has fewer fees but cumbersome procedures. Inheritance does not begin until the death of the inheritor. The heir does not need to pay the housing market** to get the property.
Inheritance is divided into statutory inheritance and testamentary inheritance, statutory real estate inheritance is exempt from deed tax, and testamentary inheritance is subject to deed tax. At present, there is no inheritance tax in China.
The second is the gift of real estate, such as the intention of re-trading**, the cost is higher. Compared with inheritance, the gift has an additional appraisal fee, and the deed tax of 3% of the appraisal price is required. In terms of personal income tax, immediate family members can be exempted.
If notarization is carried out, a notary fee will also be incurred. It is important to note that if the gift is retraded, it will incur high personal income tax and other taxes. Therefore, if there is an intention to re-escalate, the cost of this method is higher.
The third is the purchase and sale of real estate, which has the lowest risk. The transfer of real estate is mainly due to various taxes and fees. But it has less of an impact on re-**.
After the introduction of the new policy, the pricing between immediate family members will not be affected by the local regional minimum assessment price. This saves costs such as notary fees, deed taxes, etc.
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Legal Analysis: Yes. It is perfectly okay to write the child's name on the title deed, and it is regarded as a gift from the parents.
There is no need to go through any special or separate procedures. Under normal circumstances, minors can apply for real estate certificates as rights holders, but they must submit proof of their guardianship and proof of their guardianship's promotion to the town, and note the name of their legal guardian on the real estate certificate.
Legal basis: Measures for Housing Registration
Article 7 Housing registration is generally carried out in accordance with the following Cheng Songxiao clan order:
a) Application; 2) Acceptance;
c) Audit; 4) Recorded in the register;
5) Issuance of certificates. The housing registration authority may make an announcement on the registration items when it deems it necessary.
Article 14: Minors' houses shall be registered by their guardians. Where a guardian applies for a minor's housing registration on behalf of a minor, he or she shall submit materials proving the guardian's identity; Where an application for registration is made for the disposition of a minor's house, a written guarantee for the minor's interests shall also be provided.
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The title deed can be registered in anyone's name, even if the child is only one month old, he or she can also register his or her name, because the law stipulates that minors can accept gratuitous gifts for pure benefits. Parents buy a house and write their children's names, which means that the parents will give the real estate to their children. However, if the name of the minor child is written on the real estate certificate, if there is no evidence to prove that the interests of the minor are not harmed when the property is transferred, the property right transfer procedures will not be handled.
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Legal Analysis: It is okay to buy a house and write the child's name.
Legal basis: Administrative Measures for the Sales of Commercial Housing
Article 16 Paragraph 1 When selling commercial housing, the real estate development enterprise and the buyer shall enter into a written contract for the sale and purchase of commercial housing.
Civil Code of the People's Republic of China
Article 13: From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.
Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** persons ** or with the consent and posthumous recognition of their legally-prescribed ** persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
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