How to get the real estate certificate after my husband died, and what should I do if the real estat

Updated on society 2024-05-05
7 answers
  1. Anonymous users2024-02-09

    A notarization of the renunciation of inheritance is required for the child to renounce the inheritance of the property, and the death certificate of one of the spouses is required for the death of one of the spouses when the name is changed.

    You can handle it at the local police station, and then go to the real estate bureau to change your name.

    Title Deed. Documents required for name change:

    Provide ID cards of both parties.

    Hukou book, real estate certificate.

    If you don't plan to sign the gift directly in the future, the cost is relatively low, if you plan to trade in the future, it is best to fill out the sales contract in the housing trading hall, and then go to the housing trading hall to transfer, but there will be a fee in the middle: if the area is less than or equal to 144 in less than five years, the difference between the market guidance price and the original purchase price will be charged, the difference between the business tax market guide price and the original purchase price), deed tax: the area is less than 90 and is the first house is charged 1%, the second house is 2%, individual tax.

    It's 1%. Everything else is a small fee.

    The title deed name change can also be achieved by inheritance:

    1. The formalities must go to the place where the decedent is registered.

    The police station cancels the household registration and handles the death certificate.

    2. Go to the district or city notary office.

    The original export commercial housing to the municipal notary office) for inheritance notarization, real estate inheritance.

    There are two types: one is testamentary succession and the other is statutory succession.

    The materials that need to be submitted are:

    1. Death certificate of the decedent;

    2. The property right certificate or other certificate of the house;

    3. Hukou booklet.

    or other supporting documents that can prove the kinship between the decedent and the legal heir;

    4. The identity document of the heir;

    Other materials to be submitted for notarization of inheritance rights with a will: the will made by the decedent (the will must be a notarized will, and other forms of wills are not allowed because their authenticity cannot be determined).

    3. For the registration of house transfer, the applicant is the heir or legatee.

    The applicant shall submit the following documents to the registration authority: Application for Real Estate Registration (original), identity certificate (copy), certificate of real estate right (original), notarized document of inheritance or notarial certificate of will, notarial certificate of acceptance of bequest (original), deed tax payment certificate (original).

    4. Bequests are different from statutory succession and testamentary succession, and they need to pay taxes.

    It may be more cost-effective for the court to issue a civil mediation letter and then go through the procedures for transferring the ownership of the house. At present, there are two ways: 1. Go to the court to sue for legal inheritance, and the court will issue a mediation letter and then go to the real estate department to handle the transfer.

    2. Go to the notary department for inheritance notarization and then go to the real estate department for transfer. Compared with the 2% fee of the notarization of property inheritance, it may be more cost-effective for the court to issue a civil mediation letter and then go through the house transfer procedures.

  2. Anonymous users2024-02-08

    The immediate family members of the head of the household, that is, the heirs, go to the housing authority to handle the inheritance transfer with the death certificate, household registration book, and ID card. Article 33 of the Housing Registration Measures: To apply for registration of the transfer of housing ownership, the following materials shall be submitted:

    1) Application for registration; (2) Proof of the applicant's identity; (3) Housing ownership certificate or real estate right certificate; (4) Materials proving that the ownership of the house has been transferred; (5) Other necessary materials.

  3. Anonymous users2024-02-07

    1. If one of the spouses dies before obtaining the title certificate, the part of the property belonging to the spouse will become his inheritance. If there is a will, it will be treated as a will, and if there is no will, it will be treated as legal inheritance. Parents, spouse and children are the first-order heirs and have the right to jointly inherit the property.

    2. You can not live in the house, but you can live in the case of not being able to buy and sell the house, and if the house is carried out, you must first transfer it to your own name. In China, there are many ways to acquire a house, which can be mainly divided into original acquisition and succession acquisition. The buying and selling of houses and the inheritance of houses that we often see are actually the specific situations in the acquisition of inheritance.

    Of course, the acquisition of the house is not only the possession of the house, because this belongs to the immovable property, according to the provisions of China's law, it is required to go through the registration of the immovable property before the ownership of the house can be legally obtained, and the parties are required to apply for the real estate certificate, so it is recommended that the parties should transfer the ownership and dispose of the estate after the death of the person to avoid other problems in the future.

    Article 1153 of the Civil Code of the People's Republic of China.

    Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

    Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

    Article 1127 of the Civil Code of the People's Republic of China.

    The estate is inherited in the following order:

    1) First order: spouse, children, parents;

    2) Second order: siblings, grandparents, maternal grandparents.

    After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

    For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

    For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

  4. Anonymous users2024-02-06

    Summary. Hello, my husband has passed away, and the real estate certificate can be changed to your name. The name change of the real estate certificate after the death of the husband requires the market value of the house to be evaluated, and then the inheritance notarization is handled at the notary office where the house is located; Apply to the real estate surveying and mapping department for the surveying and mapping or transfer procedures of the house area; and hold the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate trading center to apply for inheritance registration procedures, and the case-handling personnel will accept the case and issue a receipt; After the review is completed, the real estate certificate of the changed owner will be issued.

    Hello, my husband passed away, and the real estate is rotten, and Zheng Zheng can be renamed to your name. The name change of the real estate certificate after the death of the husband requires the market value of the house to be evaluated, and then the inheritance notarization is handled at the notary office where the house is located; Apply to the real estate surveying and mapping department for the surveying and mapping or transfer procedures of the house area; and hold the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate trading center to apply for inheritance registration procedures, and the case-handling personnel will accept the case and issue a receipt; After the completion of the review of the rock transportation, the real estate certificate of the owner of the change has been issued.

    The process of transferring the property obtained by inheritance is as follows:1The property obtained from the transfer of ownership and inheritance should go to the police station to issue a death certificate; 2.

    Go to the district or city notary office to handle the notarization of inheritance rights, and go to the real estate surveying and mapping department to go through the procedures for surveying and tearing down the house area or transferring the drawing; 3.Hold the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate trading center to apply for inheritance registration, go to the on-site tax office to handle tax verification, and obtain the tax payment certificate to change the name and transfer.

    Legal basis: Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property.

    The scope of the unified registration scale, the registration agency and the registration method shall be prescribed by the laws and administrative regulations. Article 1122:An inheritance is the lawful property of a natural person left behind upon his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

  5. Anonymous users2024-02-05

    The transfer of the real estate certificate is not complicated, as long as you bring the relevant procedures and go to the real estate transaction hall at the same time as the buyer and seller, you can easily handle Zheng Naoliang to complete. If the buyer is paying the price in full, it is common to choose to submit a portion of the purchase as an advance payment before closing, and then attach the balance after the closing procedures are completed. If the buyer cannot pay the full amount at once, then the bank needs to intervene, and there will be a little trouble at this time, and we need to wait quietly for the bank's news.

    If we feel afraid of trouble when handling it, and at the same time, we are afraid that our rights and interests will not be protected, so we can find a middleman. Such intermediaries can be individuals who are well known to both parties or intermediaries. In this way, these problems can be solved by looking for a wide range of institutions to assist in solving them, and at the same time, it can also avoid unnecessary waste of time and resources.

  6. Anonymous users2024-02-04

    Now that it's finally over, it's time to get the house book, how am I going to get the house book now? Didn't you get the house book?

  7. Anonymous users2024-02-03

    Prepare a death certificate, title deed, ID card, preferably with a will, and notarize the estate division agreement for all heirs without a will. 1. Divorce by mutual agreement may be carried out if both parties have voluntarily divorced and have reached a consensus on matters such as child support, property and debt handling. 2. If the parties cannot reach an agreement, they can file a divorce through court proceedings.

    1) Clarify the scope of division of the joint property of the husband and wife. Correctly determining the scope of the joint property of husband and wife is the premise for correctly handling the issue of property division. In the event of a divorce, the division of marital property is limited to the joint property of the husband and wife, so before dividing the property, the joint property of the husband and wife and the personal property should be strictly distinguished, and the joint property of the husband and wife should be distinguished.

    2) Clarify the procedure for the division of the joint property of the husband and wife. Procedure for dividing the joint property of husband and wife: The parties shall first negotiate, and if the negotiation fails, a lawsuit shall be filed with the people's court.

    The people's court shall first mediate to enable the parties to reach an agreement on the division of property on the basis of mutual understanding and mutual concession; If mediation fails, a judgment will be made. (3) Clarify the basic principles for the division of joint property between husband and wife. Regardless of whether the parties agree on their own or the people's court makes a judgment, the following basic principles must be adhered to when dividing the joint property of the husband and wife:

    (a) The principle of equality between men and women. The right of the husband and wife to divide the joint property and the obligation to repay the joint debts are equal. b. The principle of protecting the legitimate rights and interests of women and children.

    That is, when dividing the joint property of the husband and wife, care should be taken to give proper care to the minor children and the wife. c. Take care of the principle of the innocent party. In divorce cases arising from bigamy, adultery, abuse or injury to the spouse and his relatives, due consideration should be given to the innocent party in the division of the joint property of the husband and wife.

    Of course, the basic livelihood of the party at fault should also be guaranteed. d. The principle of respecting the wishes of the parties. When dividing the joint property of the husband and wife, the wishes of both husband and wife shall be respected, but the wishes of both parties must be genuine and lawful.

    When one party is willing to give up all or part of its property rights, it shall be allowed as long as it does not endanger the lawful rights and interests of the state, the collective, society and others. e. The principle of conducive to production and convenient life. When dividing the joint property of the husband and wife, attention should be paid to the use value of the property, and it should be able to give full play to its utility after the division.

    Third, if there is evidence of the fault of the other party, you can claim damages. He Peiye's evidence that can prove the damage of divorce calls mainly includes: 1. The wrongdoer's written record or oral statement admitting the error.

    2. A certificate issued by the neighborhood (village) committee or the unit to which the party at fault belongs that he or she is living together with others or in the name of husband and wife. 3. Certificate of marriage between the applicant and another person issued by the marriage registration authority. 6. Testimony of neighbors on the left and right.

    7. It can prove that one party is at fault or acts.

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