How to transfer the property at the time of divorce, my wife and I are planning to divorce, and now

Statutory divorce routes: divorce by agreement and divorce by litigation.

1. Divorce by agreement: also known as "voluntary divorce between the parties", (to distinguish it from litigation divorce) refers to the legal system in which the parties to the marriage relationship reach a divorce agreement and dissolve the marriage relationship through the marriage registration procedure. Its main features:

First, the parties agree on the issues of divorce, child support and property distribution, and reach an agreement; The second is to go through the divorce registration in accordance with the marriage registration procedures and obtain the divorce certificate, that is, the marriage relationship is dissolved.

2. Litigation divorce: Litigation divorce refers to a divorce system in which the husband and wife cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court, and the people's court dissolves the marriage relationship through mediation or judgment after trial. Article 32 of the Marriage Law stipulates that "if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court."

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Then let's pass, if you are divorced, you can transfer the property in the form of sale and pay some taxes. Don't make any gifts to save money. However, you should take action before you divorce, first go to change your name as husband and wife or write the divorce agreement and property division when you divorce.

Now that you're gone, you'll have to pay some taxes to the state.

Legal Analysis: Divorce real estate messy delay key transfer procedures are:

The first step is to prepare the property transfer materials:

1. Divorce certificate or divorce judgment, mediation document and its copy;

2. Real estate certificate (if there is a co-ownership certificate, including the co-ownership certificate);

3. Identification certificate and photocopy;

4. Application for real estate registration.

The second step is the procedures for the transfer of real estate

After preparing the materials needed for the transfer of the property, we will go to the housing management department to go through the procedures for the transfer of the property.

1. Go to the trading center to handle the transfer;

2. Apply for deed tax exemption at the Housing Authority;

3. Go through the registration procedures for property analysis and pay the registration fee;

4. Forensics. Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, a divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Usually husband and wife need to separate property when they go through the divorce, the proportion of the transfer of real estate, the division of deposits, etc., today I want to share with you how to transfer the house to the wife in the divorce and what are the materials needed for the house transfer procedures, friends who want to know may wish to take a look at it together!

1. How to transfer the house to the wife in a divorce.

The first step should be to prepare the materials that will be used in the transfer of the property

1. The original and photocopy of the court's judgment at the time of divorce;

2. The real estate certificate of the house, if there is a co-ownership certificate, it is also necessary to prepare the co-ownership certificate;

3. The original and photocopy of the identity certificates of both parties;

4. Application for registration of housing reform and disturbance of property.

The second step is the property transfer procedure

1. First of all, go to the local real estate trading center to go through the transfer procedures;

2. Go to the local housing authority to apply for deed tax exemption;

3. Go through the registration procedures for property analysis and pay the registration fee;

4. It's good to collect evidence at the end.

2. What are the materials required for the house transfer procedure?

1. Certificate of real estate rights;

2. Application form for real estate transfer registration;

3. Proof of identity of the applicant;

4. If the organizational real estate of an unincorporated enterprise needs to be transferred, the approval document agreeing to the transfer with the property rights department shall be submitted;

5. Administrative decisions related to administrative verification authorities, real estate sales contracts signed with developers or notarized real estate gifts, notarized real estate inheritance certificates, or real estate exchange agreements, or agreements on real estate division;

6. If the mortgage has been set, it is also necessary to submit the written consent of the mortgagee;

7. In the case of compulsory transfer by the people's court, the judgment, ruling, mediation document and notice of assistance in enforcement that are in effect at that time shall also be submitted.

Summary: The above is to share for you how to transfer the house to your wife in divorce and what are the materials needed for the house transfer procedures, I believe you have a corresponding understanding after reading the above sharing, if you need to know more about it, please continue to pay attention to Qeeka Home**, will answer for you one by one.

After the house was transferred to his wife and then divorced, the property was disposed of as follows:

1. According to the relevant laws and regulations, if the parents contribute to the down payment before marriage and the remaining loan after marriage, and register the house in the name of their children, the real estate shall be regarded as a gift from the parents of the funder to their children. Therefore, if there is no special agreement on the contribution of the man's parents, the part of the capital contribution you mentioned should be regarded as a gift to the man, and the house belongs to the man's personal property before the name change.

2. During the existence of the relationship between husband and wife, the man's act of changing the name of the house ownership is not necessarily regarded as a gift from the man to the woman. If the two parties sign a gift contract, handle the notarization of the gift or reach a clear gift agreement, the transfer is intended to fulfill the gift agreement, and the house is owned by the woman after the transfer, and the man has no right to divide the house when the divorce occurs; If the husband changes the ownership of the house to the woman, but the parties have not expressly agreed that the house is owned by the woman alone, after the transfer of the house, the husband's pre-marital personal property is converted into the joint property of the husband and wife, and it shall be divided at the time of divorce.

The process of adding the name to the real estate certificate is as follows:

1. The parties concerned should bring their ID cards, household registration books, real estate certificates, application forms for change of real estate certificates and other necessary materials to the housing registration agency to apply for the registration of the real estate certificate with additional name and change of name;

2. The housing registration agency shall review the application materials of both parties;

3. After the housing registration agency reviews the applicant's materials and determines that it is voluntary and legal, it shall register the name of the real estate register.

In summary, the ownership of the property depends on whether the man and the woman have expressly agreed that it will only be owned by the woman. If the parties agree that the house is owned by the woman alone, the woman can obtain the entire property right of the house in the event of divorce; If the parties have not made relevant agreements, the house shall be divided as the joint property of the husband and wife at the time of divorce; With regard to the division of the house, the court shall comprehensively determine the division ratio based on factors such as the duration of the marital relationship between the parties, the capital contribution of the real estate**, and the period during which the property is changed to be jointly owned by the husband and wife.

Legal basis]:

Article 1087 of the Civil Code of the People's Republic of China.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Your question involves a property division dispute.

If the property is still in the mortgage and there is a loan, it is generally repaid by the party who obtains the property alone, and the transfer is carried out after repayment, and the basic steps of the property analysis are: 1. Go to the notary office to handle the notarization of the property (Note: if there is a divorce judgment, there is no need to go through the notarization);

2. Go to the trading center for registration;

3. Apply for deed tax exemption at the Housing Authority;

4. Go through the registration procedures for leakage and pay the registration fee;

5. Forensics. The necessary information provided is less, and based on the experience of previous matrimonial cases, we will analyze it from the perspective of failure of mediation and the need for litigation resolution

- Property division disputes---

How the court will decide on your property division dispute:

According to the information you provide, your property division dispute involves "commercial housing", "real estate addition", "purchase after marriage", "installment payment".

For the rights and interests of your property division dispute, based on the information you provide, the court may need you to provide the following evidence (you need to contact a lawyer to determine):

1. Evidence of the addition of names in the commercial housing.

Early beams: For example:

1. Adding a name before marriage usually refers to the act of adding the name of another party or a third party to the real estate certificate of the person or his spouse, and the house belongs to the people on the real estate certificate.

2. Adding a name after marriage usually refers to the act of adding the name of another party or a third party to the real estate certificate of the person or his spouse, and the house belongs to the people on the real estate certificate.

Legal analysis: the real estate is still in the mortgage loan, generally the property is repaid by the party who obtained the property alone, after the repayment of the transfer, for the divorce of the real estate transfer, you need to go through the property registration, the basic steps of the property analysis are: 1, to the notary office for the notary notarization (note:

If there is a divorce judgment, notarization is not required); 2. Go to the trading center for registration; 3. Apply for deed tax exemption at the Housing Authority; 4. Go through the registration procedures for property analysis and pay the registration fee; 5. Forensics.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (1)" Article 78 Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property shall belong to the party registered in the void, and the loan that has not yet been repaid shall be the personal debt of the party registered in the immovable property. In the event of divorce, the parties shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property in accordance with the principles stipulated in the first paragraph of Article 1087 of the Civil Code.