The name is added to the real estate certificate of the new marriage law, and the name is added to t

The significance of the promulgation of the new Marriage Law is to clarify the ownership of premarital real estate, so that courts at all levels can achieve uniformity in trial practice. However, after the introduction of the real estate certificate, it did have a great impact, resulting in a crisis for the woman, resulting in a large number of women asking for a name on the real estate certificate, and the crisis of real estate division occurred in advance. In view of this, a new policy has been introduced to grant deed tax exemption to handle the name change of real estate, which is actually to encourage everyone to handle it, which really makes it very difficult for the man.

Specific to the personal situation, I think we should be calm, after all, the house is used for family life, if the family is harmonious and follows the woman's wishes, it is more conducive to the relationship between the husband and wife, if the relationship between the husband and wife is not good, it is another matter, and it may be left early. If you have a good relationship with your lover, write the names of two people to make people feel at ease to be your wife, and think about the unease of your life in that situation Anyway, I discussed with my lover and recently went to change my name!

If the title is registered in the name of the other party, the other party has a share of the property. But there are name points.

It doesn't have to be half at the time of cutting. Regarding the division, if there is an agreement, there is a subordinate agreement, and if there is no agreement, it is also necessary to comprehensively consider factors such as the contribution of each party to the property.

If the property was purchased before the marriage and there was no joint repayment part, then at the time of divorce, if the title deed only has the name of one party, then the property belongs to the personal property before the marriage and belongs to the property owner; If the name of the other party is added to the real estate certificate, then the property belongs to the joint property of both parties and is divided by agreement, and if the agreement is not reached, the people's court shall decide to divide it according to law.

If the property is purchased before marriage but there is joint loan repayment, but the real estate certificate is only in the name of one party, according to the relevant provisions of the new judicial interpretation of the Marriage Law, the amount paid by the parties for joint loan repayment after marriage and the corresponding part of the property appreciation shall be compensated by the party registered in the property right in accordance with the principles stipulated in the first paragraph of Article 39 of the Marriage Law at the time of divorce; If the name of the other party is added to the real estate certificate, then the property belongs to the joint property of both parties and is divided by agreement, and if the agreement is not reached, the people's court shall decide to divide it according to law.

The interpretation of the new Marriage Law on buying a house before marriage and adding a name to the real estate certificate after marriage was passed by the 1525th meeting of the Adjudication Committee of the Supreme People's Court on July 4, 2011, and came into force on August 13, 2011.

Article 6 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that if a party agrees to donate the real estate owned by one party to the other party before marriage or during the existence of the marital relationship, and the donor party revokes the gift before the registration of the change of the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law.

On August 31, 2011, the Ministry of Finance and the State Administration of Taxation jointly issued a notice stating that during the existence of the marital relationship, the ownership of houses and land shall be changed from the ownership of one of the husband and wife to the joint ownership of the husband and wife. In other words, the Ministry of Finance and the State Administration of Taxation have reached a consensus that they will not add names to the couple's real estate certificates and levy taxes, and this announcement is a legal normative document with legal effect.

After the name is added, the house becomes joint property; If it is purchased with the funds of one of the spouses before or after the marriage, it is personal property. The pros and cons are clear at a glance.

Both the addition and removal of names have been heavily taxed. The main purpose is to prevent property speculators from changing their names to flip houses, there are no advantages and only disadvantages.

The house is the biggest asset of a family, so many people hope that the other half can add their own name to the real estate certificate, so that in case of divorce in the future, their rights and interests can also be protected, but in these three cases, even if you add your own name to the real estate certificate, the house does not belong to you at the time of divorce.

I think that the friends who are here are all trying to help everyone solve practical difficulties, and I personally find this kind of problem a bit boring and refuse.

Gift of real estate rights; 2.Buying and selling houses; 3.Separation of property registration.

The first point that everyone usually involves a lot, and it is also the first point that everyone is more concerned about, is generally that parents add the name of their children on the real estate certificate, or the husband and wife add the name of the other party. The details are as follows: 1. No loan real estate certificate plus the name of wife, children, and parents 1

Bring three certificates (marriage certificate, ID card, real estate certificate) and their copies; 2.Go to the housing transaction center, and the window staff will review the submitted materials; 3.The cost of applying for a title deed with a name on it:

110 yuan handling fee: 80 yuan handling fee, 25 yuan registration fee, 5 yuan sticker cost. If it goes well, you can get the real estate certificate in about 20 days.

Second, there is a loan real estate certificate plus name 1First, go to the bank to change the mortgage procedures; 2.Fees required:

In addition to the 110 yuan handling fee mentioned earlier. If the loan is CPF, an additional $100 is required; If it is a portfolio loan (CPF loan + business loan), a fee of 200 yuan is required. 3.

The rest of the process is the same as the previous process without a loan. 3. The situation will be much more complicated because it will be regarded as a house sale and the following fees will be paid. 1. Transaction fee per square meter.

2. If it is less than 5 years, the business tax will be adjusted by 1% (the time period is from the date of issuance of the property certificate to the transaction date), and it is not required for 5 years. 3. The stamp duty of 5/10,000 of this contract is about 5 yuan per copy (different from the trading center in each district). 5. The man transfers 50%, and all taxes are calculated according to the market**, if the tax value of the house is 1 million, it 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.

Article 63 of the Law on the Administration of Urban Real Estate, as determined by the people of provinces, autonomous regions and municipalities directly under the Central Government, where the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be included in the real estate right certificate.

Legal analysis: 1. The name is added before marriage, which is a gift, and the property belongs to both husband and wife.

2. If one party does not add the name of the property before marriage, it belongs to the pre-marital property, and the other party does not enjoy any rights and interests.

3. The two sides of the children share the ownership of the house according to the contribution of their respective parents.

4. If one of the parents contributes capital and the property rights belong to both husband and wife, the real estate is a gift from the parents to the children on both sides.

5. If one of the parents contributes to the purchase of a house and the property right is in their own children, it is regarded as a personal gift only to their own children.

In many cities and towns in China, there is a habit of buying a house before marriage. The woman's parents usually require the husband to buy a matrimonial house before he gets married. At this moment, some parents who can afford it will sponsor their children to buy a house within their means.

From a practical point of view, buying a house before marriage can indeed guarantee a certain number of days for couples after marriage, but after the introduction of the new marriage law, many women's families must be disappointed.

1. If one party has real estate before marriage with the intention of getting married, and adds the name of the other party on the real estate certificate before marriage, it is regarded as a gift, and the real estate belongs to the husband and wife together.

2. If one party's pre-marital property does not add the name of the other party when it is married, if it encounters a demolition situation, the handling rules: it belongs to the pre-marital property, and the other party does not enjoy any rights and interests.

3. It should be regarded as a personal gift to their children, regardless of whose name the property right of the house is in the future, it is regarded as the ownership of the house jointly owned by the children according to the contribution of their respective parents, and in the event of divorce, it will be cut according to the proportion of the capital contribution of both parents, but there is an appointment.

4. One of the parents contributes to the property right of the house in the name of both husband and wife.

If one of the parents contributes to the purchase of the house for the children after marriage, and the property right is in the names of both husband and wife, it shall be deemed that the property is a gift from the parents to the children of both sides, and the house belongs to the husband and wife together. In the case of divorce, the property of the husband and wife is divided.

5. One of the parents invests in the purchase of the house, and the property right is in the name of their children.

It shall be regarded as a personal gift only to one's own children, and the immovable property shall be recognized as the property of one of the spouses, and shall not be severed as the personal property of one of the spouses in the event of divorce.

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

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services, (2) Income from production, operation, and investment, (3) Income from intellectual property rights, and (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law, and (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

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

1) The premarital property of one party, (2) the compensation or compensation received by one party for personal injury, (3) the property determined in the will or gift contract to belong to only one party, (4) the daily necessities for the exclusive use of one party, and (5) other property that should belong to one party.