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Yes, it can be given directly!
The property rights of the house can be given to another person in half.
Legal basis: "Property Law of the People's Republic of China" Article 39 The owner shall enjoy the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.
Contract Law of the People's Republic of China Article 185 A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift. Article 186:The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to gift contracts that are in the nature of social public interest or moral obligations such as disaster relief and poverty alleviation, or gift contracts that have been notarized.
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It's not just about giving it, after all, the legal effect of the property belongs to whoever it is. Later, who you want to give it to, there are still some agreements.
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Of course, it will be easy to give him half of the taste, and if you put his name on the real estate deed, then the house will be half of yours.
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As long as your family agrees. That's it.
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If you are willing to give, of course you can! If you get married, you have to agree with your lover.
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There is only one real estate certificate, there is no way to divide it, and it is not possible to have an IOU for half of this property.
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If the property rights belong to you, then you certainly have the right to distribute your benefits.
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Explain the problem in more detail?
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If you are talking about this question from a legal point of view, you should not be able to do it. If this house is for your sister, because you are in a family relationship. As long as you and your sister make it clear, you should be able to apply for co-ownership.
But you have to get your sister's permission. Also, don't stiffen the relationship between brother and sister for the sake of me.
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My sister agrees to the gift, which needs to be notarized, but in this way, ** taxes and other expenses are relatively high (the same tax as the sale, if the sister has been transferred for less than 5 years, the tax is higher). I suggest that you can add your name to the title deed. With the real estate certificate, household registration book (the police station issued to prove that you are sisters) ID card, go to the real estate management bureau, directly apply for the name to join, about 110 yuan of various fees.
In this way, it will be half of the property of one person from now on.
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Parents have the right to dispose of their own property, and when he disposes of it by way of gift while he is alive, the elder brother has no right to enjoy the house.
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If your parents agree to transfer their property to your sister unconditionally, it is a gift from your parents to your sister, and the brother is not entitled to a part of the house.
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It is equivalent to the parents donating the property to the younger sister, and it is the parents' right to dispose of their own property, and the elder brother has no right to interfere.
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Buying a house, the brother takes the full amount, uses a place for the younger sister or adds the name of the younger sister to the house, which shows that the younger sister has contributed to the house, she wants half of the real estate is a little more, but family affection seems to be more important, you should be generous with the eldest brother's seniority, or divide her half as the best policy.
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If you have a name, you have legal ownership of the property!
1. If one party does not contribute capital and her name is not on the purchase contract, but her name is registered on the real estate certificate, then the property will be divided equally.
If one person contributes capital, the house falls under the names of both parties, and the house is jointly shared, regardless of the capital contribution, it will be divided equally.
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As long as you are famous, you have half of the property rights, this cannot be changed, you can discuss with her, but it is really not possible for you to come up with evidence to prove that the house payment is from you.
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As long as there is your sister's name on the title deed, even if she doesn't pay a penny, and she asks you for half of the property, you have to give it to her. Otherwise, you will lose the lawsuit.
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The house that the brother and sister bought with the money they paid for should have half of the sister's real estate, and if the sister did not pay, the property had nothing to do with the sister.
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Since your sister was already famous when you bought the house, it means that you originally planned to have a share in the house, and now you want to regret it? The dearest person in the world is not your wife, but your sister!
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My sisters are good at talking and discussing, and they can sit down and talk about how much they should give.
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If you are famous, you will have half of it, unless you have an agreed share.
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Is there a contract signed? There is no need to consult a lawyer
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Go directly to the court and protect your rights and interests through the law.
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You need to pay tax, and the deed tax depends on the area of 1%, 4%, respectively, below 90 square meters, between 90 and 140 square meters, and more than 140 square meters. Business tax, no need to call the house for five years), personal income tax 3% (the house is also exempted from paying a suite in the name of the sister and husband and wife after five years, although it is a pre-marital property, but after marriage, it also depends on both parties). The transfer of ownership must be used in these three major aspects.
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Two ways to handle the transfer of property rights;
1. Handle the transfer of housing property rights according to the gift of housing property rights;
1. The younger sister and brother-in-law bring the "ID card", "household registration booklet", "marriage certificate", "house ownership certificate" and "paternity certificate" and the elder brother bring the "ID card", "household registration booklet" and "marriage certificate" to the local notary office to handle the notarization of the "Housing Property Rights Gift Contract", and then take the above procedures to the local housing property rights registration department to go through the house property rights transfer procedures, and transfer the house property rights to the brother's name.
2. Transfer costs;
1) Notary fee; Pay at 2% of the room price, 2) Assessment fee: Pay according to the room price.
3) Deed tax; Pay at 3% of the room rate.
4) Land Appreciation Tax; Pay at 1% of the room rate.
5) Income tax; Pay at 1% of the room rate.
6) Housing property registration fee: RMB.
2. Handle the transfer of ownership according to the sale and purchase of the house;
1. The younger sister and brother-in-law bring the "ID card", "household registration booklet", "marriage certificate" and "house ownership certificate" and the elder brother bring the "ID card", "household registration booklet" and "marriage certificate" to the local housing property registration department to go through the housing property rights transaction transfer procedures, and transfer the house property rights to the brother's name.
2. Transfer costs;
1) Deed tax; For first-time buyers of less than 90 square meters, 1% shall be paid; 90-140 square meters according to the house price; For more than 140 square meters, 3% of the room price will be paid.
2) Business tax: Exemption for those who have obtained the property right for five years, and payment according to the house price if it has not exceeded five years.
3) Land Appreciation Tax; The property right of the house is exempted for five years, and the payment is 1% of the house price if it is not more than five years.
4) Income tax: Exemption for five years of property rights, less than five years of payment at the rate of 1% of the house price or 20% of the difference between the original value of the house and the current value of the house. (The original value of the house is generally calculated according to the tax paid amount of the previous deed tax).
5) Housing transaction fee; According to the building area of 6 yuan square meter payment.
6) Housing property registration fee: RMB.
7) Housing appraisal fee; Pay according to the assessed amount.
3. You choose which one to use.
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