What is the process of adding a name to the real estate certificate after marriage?

Add the name of the spouse to the real estate book, and the husband and wife should bring the household registration book, ID card, marriage certificate, and real estate book to apply for the registration of the transfer of house ownership.

According to the "Housing Registration Measures":

Article 13 The co-owners shall jointly apply for registration of a co-owned house.

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

a) Buying and selling; b) interchangeable;

3) gifts; 4) Inheritance and bequest;

5) The division or merger of houses leads to the transfer of ownership;

6) Investing in shares with housing contributions;

7) The division or merger of legal persons or other organizations leads to the transfer of ownership of houses;

8) Other circumstances provided for by laws and regulations.

Article 33 The following materials shall be submitted to apply for registration of the transfer of ownership of houses:

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.

Legal analysis: The name can be added to the real estate certificate after marriage. After marriage, the name of the spouse is added to the real estate certificate, which is regarded as a gift of the share of the real estate, and it has legal effect after the registration of the change of property rights. The following things need to be noted when adding names:

1. During the filing of the commercial housing sales contract and the bank mortgage mortgage, if you want to increase or decrease the name, it is actually the parties to the contract who are increasing or decreasing, and the consent of the original parties must be obtained, and the property owner and the property owner of the house must be present.

2. No deed tax will be levied on the addition of the real estate certificate after marriage. Therefore, the cost of adding a title after marriage is subject to the deed tax.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. If the lease is in accordance with the provisions of this Law, it shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1,000 Type 050 After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

After the husband and wife get married, in order to show their sincerity, they will add the name of their spouse to the real estate certificate purchased before marriage, so what materials are needed to add the name on the real estate certificate, and what is the process? After the husband and wife get married, in order to show their sincerity, they will add the name of their spouse to the real estate certificate purchased before marriage, so what materials are needed to add the name on the real estate certificate, and what is the process?

What materials are required to add the name to the real estate deed after marriage

After marriage, the main documents to be brought to the real estate certificate are the house ownership certificate and the marriage relationship certificate, that is, you can bring the original and photocopies of the three certificates (marriage certificate, ID card, and real estate certificate).

What is the process of adding a name to a real estate deed after marriage

1. There is no mortgage for a house.

1. Go to the real estate transaction in the area where the house is located, first inform at the pre-inspection window that you are here to handle the real estate certificate to add the name of your spouse, and the window staff will review the submitted materials, if the materials are complete, you will be given a number, and then go to the relevant window with the number.

2. The cost of adding the name to the real estate certificate: 110 yuan handling fee, the details are as follows: 80 yuan production cost, 25 yuan cadastral map fee, 5 yuan sticker cost, if it goes smoothly 20 days later, you can get a new real estate certificate.

3. The new property certificate can set a password, and the real estate transaction will inform you of an initial password, and then you can change it yourself.

Second, there is a house and a loan.

1. Go to the bank first to go through the mortgage change procedures (please consult the bank for details).

2. The cost of adding the name to the real estate certificate: in addition to paying the above 110 yuan handling fee, if the loan is a pure provident fund, an additional 100 yuan needs to be paid; If the loan is in the form of a combination (provident fund commercial loan), an additional 200 yuan is required.

3. Other steps are the same as "having a house without a loan".

3. If you are not married or have a direct blood relationship with the group, you need to add your name to the real estate certificate, and the situation will be much more complicated, because it will be regarded as a house sale, and you need to pay the following fees.

1. Transaction fee per square meter.

2. For less than 5 years, the business tax plus 1 tax adjustment (the time period is from the date of issuance of the property certificate to the trading date), and it is not required for 5 years.

3. Stamp duty of 5/10,000.

This contract is about 5 yuan per copy (the transaction varies from district to district).

5. The tax on the man's transfer of 50 is calculated according to the market, and if the tax value of the 1 million empty orange house is 500,000.

6. If there are several people on the property certificate who transfer, the rights and interests of the property certificate shall be divided equally.

Adding a name to the title deed after marriage can be divided into two situations, one is that the house was purchased by an individual before marriage; The second case is that the house was purchased after the marriage.

1) The name of the real estate before the marriage is added after the marriage.

For the real estate purchased by an individual before marriage, when the name is added after marriage, it is regarded as a partial transfer of the property rights of the house, and it is handled as a gift. Pin Zheng.

Donation procedures: The donated house needs to submit the house ownership certificate, gift letter and deed, and go through the formal registration procedures for the change of house ownership to the relevant departments before this gift has legal effect. The specific steps are as follows:

1. The donor and the donee enter into a written contract on the gift of the house, that is, the letter of gift.

2. The donee shall pay the deed tax and receive the deed with the original house ownership certificate and gift letter.

3. Notarization of the gift contract.

4. Go through the registration procedures for the transfer of house ownership. The donee shall apply for change of registration to the real estate management department and submit the following documents:

1) Application form (provided at the counter);

2) Original real estate property right certificate;

3) ID card and household registration book of the relevant parties;

4) Letter of Gift and Notarial Deed;

5) Deed tax receipts.

5. The donor will hand over the house to the donee and pay it to the donee. Here, "delivery" is subject to the completion of the registration of the transfer of property rights.

6. When going through the procedures for housing donation, the donor and the donee shall sign a written gift contract and go through the transfer procedures with the housing management department, but if the donor donates his house to others in order to evade the legal obligations he should perform, if the interested party claims rights, the gift is invalid.

2) The name of the real estate after marriage.

If the house was purchased during the marriage, the name of the spouse can be added directly during the marriage. If the property is joint property of the husband and wife during the marriage, even if only one person's name is written on the title deed, it is considered the joint property of both parties.

Therefore, during the marriage, if you need to go through the procedures for adding the name of the real estate certificate, you only need to bring the marriage certificate, the house certificate, the original and the copy of the ID card to the "change registration" window of the real estate transaction center.

Deed tax is not charged on the addition of the real estate certificate after marriage. Therefore, the cost of adding a title after marriage is subject to the deed tax.

Finally, it needs to be reminded that if you want to add or decrease the name during the filing of the commercial housing sales contract and the bank mortgage mortgage, you must actually increase or decrease the parties to the contract and actually change the subject of the contract. Therefore, usually after the sales contract is recorded, before the property right certificate is issued, or before the mortgage loan is paid, the name cannot be changed unless the other party agrees.

For both men and women to go through the marriage registration formalities, the man must be at least 22 years old and the woman at least 20 years old. The marriage registration organs shall conduct a review of the certificates and supporting materials issued by the parties to the marriage registration and inquire about the relevant circumstances. Those who meet the requirements for marriage shall be registered and issued a marriage certificate.

[Legal basis].According to Article 1047 of the Civil Code, which came into force on January 1, 2021.

The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 7 of the Marriage Registration Regulations.

The marriage registration authorities shall examine the documents and supporting materials issued by the parties to the marriage registration and inquire about the relevant circumstances. Where the parties meet the requirements for marriage, they shall be registered at the opening of the meeting and a marriage certificate shall be issued; Where the parties do not meet the requirements for marriage and are not registered, the reasons shall be explained to the parties.