My parents are going to divorce and the house is going to be transferred, so how can I do it most co

1. "If it is not a household, can my father revoke the gift in the future?" That is, does it have to be transferred? ”：

1) If you don't get a real estate gift, your father and mother may regret it in the future, and you may not get the house at that time.

2) Whether it is now or in the future: as long as you want to make the property your property, you must handle the transfer to count, late transfer is risky (they may regret it), it is recommended to transfer as soon as possible, the transfer of money can not be saved.

2. Transfer after the divorce and transfer before the divorce: both are gifts from your parents to your real estate, there is not much difference, but it may be more difficult and more difficult to find them together after they divorce. It is advisable to do so before they get divorced.

3. If the house has been purchased for more than five years: it is recommended to buy and sell. If it is not more than five years, it is recommended to go as a gift. As for the specific taxes and fees of the two methods, it is recommended to consult the business hall of the housing authority where the property is located, which is the most accurate.

I think it's better for you to transfer the property before the divorce! If something happens to them, you'll be in trouble

It is most appropriate to transfer the property before the divorce, so that it is considered a gift from the parents.

First, it is best to transfer the ownership of the gift of real estate. Otherwise, the gift may be revoked;

Second, it is recommended to go through the transfer procedures before the divorce, the cost is the same as after the divorce, generally after the divorce both parties will have some changes due to the change in the environment, or are unwilling to meet again, so it is better to handle it before the divorce.

Third, the cost of the gift will generally be smaller.

Because of the trouble of transferring the ownership, Wang Lin (pseudonym) and his family directly wrote the name of their 10-year-old son when they bought a new house. Now, Wang Lin is divorcing his wife, and how to divide the property has become his most annoying thing, "How can I change it back now?" ”

Wang Lin, who is in his 40s, is a retired worker from a state-owned enterprise in Yanggongqiao, Sha District. In the early nineties of the last century, he married Hongmei (pseudonym), a female worker in the same factory. In 1993, a son was born.

Although the two often quarrel over trivial matters, for the sake of their son, the "volcano" has never erupted.

Wang Lin and his family were frugal and saved a sum of savings. Two years ago, they poured everything they had into buying a commercial house in a real estate in the sand area.

When I thought that my son was already in his teens, the house would be hiss in the future anyway, so I wrote his name directly when I bought the house. Wang Lin called the tomb judge. It is understood that in fact, the most real idea of the two is that they are worried that they will be taxed when the house is transferred to their son in the future.

At the end of last year, Wang Lin repeatedly proposed to take his 80-year-old mother in rural Qijiang to his home for the elderly, but Hongmei strongly opposed it. "I can't live this day! In an interview, Wang Lin was indignant, he said that he had endured it for more than 10 years, "This time I have to leave!" ”

After some fighting, Hongmei finally agreed to divorce. The question is, the only thing that is valuable in the house is the property, how to divide it? Should it be counted or should it be counted as the son's personal property?

If I do, I just want to get my share. Wang Lin said that his retirement salary is not high, "I don't have a house, and I will only live on the streets in the future." Wang Lin said that even if they don't get divorced, the two of them hope to take back the house to their own name, "My son is very selfish when he is only 10 years old, and he never knows how to care about his parents.

Wang Lin said that among his colleagues and friends, he saw too many sad things, "It is not too late to give it to him when I pass away." ”

According to an unnamed person from the housing management department, in recent years, more and more parents have bought houses in the name of their minor children, "and some will definitely have to fight in the future." It is said that there are only several ways to transfer the property rights of the house, such as sale, inheritance, and gift, "because it is the son who is registered, it is unlikely to be changed back directly." ”

Legal statement: The lawyer believes that in real life, there are two possibilities for the registration of real estate in the name of the child, one is the act of the parents donating to the child, and the other is the behavior of the parents directly writing the name of the child in consideration of the trouble of transferring the property in the future. The second case should belong to the joint property of the husband and wife.

In this case, the funder of the purchase of the property was the parents, and the disputed property should be the joint property of the husband and wife in the absence of a clear expression of the intention of the parents to make a gift at the time of purchase. The most direct way to divide the property is to re-transfer the property to the parents' names through litigation.

The above is the relevant provisions on whether the house can be transferred to the children after the parents divorce, and the house can be transferred to the children when the parents divorce, but it is necessary to pay attention to the age of the children, because the transfer of the house of a completely incapacitated person is invalid, in fact, you can also choose to transfer the property of both parties to your parents at the time of divorce. Thank you for reading.

Legal analysis: When a divorce involves the transfer of real estate, it is generally a joint application for registration by both parties, and the two parties reach an agreement on property issues to go to the civil affairs department for processing, and the real estate transfer procedures must be handled in a timely manner. The real estate transfer procedures, that is, the transfer of the sale, that is, the promotion according to the normal purchase and sale procedures, can be successfully handled in about a week.

For the transfer of divorced real estate, it is necessary to go through the registration of the house separation. Husband and wife do not need to go through many procedures for divorce and property separation, and only need to go through the divorce and property separation registration in accordance with the relevant regulations of the Housing Authority. The registration of property dissolution is mainly applicable to divorce and dissolution of property.

As the name suggests, divorce is a registration procedure in which the spouses transfer their share of the house to each other after the divorce. In accordance with the relevant regulations, both parties are exempt from transaction taxes.

Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions provided for in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.