How to transfer my house, how to transfer the house

In November 2008, my father and the woman had a marriage certificate, which means that you buy a new house before they get married, and the problem is that your father used his name to apply for a real estate certificate: 1. Before the housing certificate came down, you and your father went to the housing authority to apply for changing the name of the property owner; (This is the simplest, but is it still too late) 2, to collect the purchase deed of the new house at that time, receipts and other relevant basis, 3, if the first article does not work, you can only go to the property notarization or gift, which will hurt their feelings, you have to weigh the severity of the situation.

For the transfer of real estate, you need to bring your ID card, household registration book, marriage certificate, house purchase contract, house-related property right certificate and other materials to the real estate management department to apply; Review and pass the payment of relevant taxes and fees, and go through the procedures for tax verification and payment; Issuance of tax receipts, submission of receipts, filling in the application form and receipt of acceptance notices; Go to the trading center to get the real estate certificate, and the real estate management department will issue the transfer certificate.

[Legal basis].Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration agency completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Article 61 of the Law on the Administration of Urban Real Estate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

A contract for the sale and purchase of the house is required for the transfer of ownership.

Signing the contract for the sale and purchase of a house is the first step in the transaction and an important step in completing the transfer of ownership of the house. In the case of a second-hand housing transaction, in addition to signing the house sale contract, it is also necessary to have the real estate certificate and land use certificate of the house before the transaction and transfer procedures can be carried out.

The basic information to be indicated in the housing sales contract includes: the names and residences of both parties, the name and number of the real estate ownership certificate, the location, area and boundaries of the real estate, the land parcel number (the number of each land use right certificate approved by the Land Planning Bureau), the method and term of land use right acquisition, the use or nature of the real estate, the transaction and the payment method, the time of delivery of the real estate, the liability for breach of contract, and other matters agreed by both parties.

Other processes

After the contract is signed, it is necessary to submit an application for transfer, and then the real estate management department will survey and evaluate the house, then pay taxes and fees, and then obtain the real estate title certificate after the transfer slip is issued. After signing the purchase contract, both parties to the housing transaction should apply for transfer to the real estate management department as soon as possible.

The real estate transfer application submitted by both parties to the housing transaction will be reviewed by the real estate management department within 15 days. If it passes the audit, there will be professional personnel to carry out surveying, mapping, forensics and house appraisal as needed. Whether it is a new house or a second-hand house, in addition to paying the basic housing payment, you also have to pay certain taxes and fees, which is the premise of getting the real estate ownership certificate.

Real estate transfer refers to the transfer of real estate through transfer, sale, gift, inheritance, etc., and the procedures for changing the property rights of the house are handled at the housing ownership registration center, that is, the whole process of transferring property rights from one party to the other. There are several different situations of real estate transfer, such as inherited real estate transfer, gift real estate transfer, second-hand housing transfer, etc. The property transfer process is as follows:

1. Sign the contract and transfer the real estate certificate without going through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the seller must sign the contract himself (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate). 2. Submit the application After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract. 3. Pay taxes and fees After the application materials for the transfer of real estate are handed over to the real estate bureau, the real estate bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days.

4. After the tax is paid, the real estate certificate can be obtained, and the buyer and seller will hand over and the transfer will be completed. Article 7 of the Interim Regulations on the Registration of Immovable Property shall be handled by the county-level people's ** real estate registration agency where the immovable property is located; The people of municipalities directly under the Central Government and cities divided into districts may determine that the immovable property registration agencies at the same level shall uniformly handle the registration of immovable property in their respective districts. The registration of immovable property that crosses county-level administrative regions shall be handled separately by the immovable property registration agencies of the county-level administrative regions that cross county-level administrative regions.

If it cannot be handled separately, it shall be handled through consultation by the real estate registration agency of the administrative region at the county level; If the negotiation fails, it shall be designated by the common people's ** real estate registration department at the next higher level. The registration of forests, woods and forest lands in key state-owned forest areas, the approval of the sea and islands for the project, and the state-owned land used by state organs shall be prescribed by the competent department of land and resources in conjunction with relevant departments.

1.Sale and Transfer. When handling the sale and transfer, both parties need to sign the sales contract, and both parties need to bring the relevant documents to the real estate bureau to go through the transfer procedures and land certificate transfer, and finally hand over and accept the house.

2.Gift and transfer. The donor and the donee should bring the relevant materials to the housing authority to sign the confirmation letter to confirm that the free gift is the true intention of the individual, and pay a certain amount of taxes.

3.Inheritance transfer. First of all, you should find the housing appraisal department to evaluate the house, and then go to the notary office to do the inheritance notarization, and then measure the house, bring the inheritance certificate, real estate certificate, surveying and mapping and other relevant information to the local real estate bureau to apply for real estate property registration application, and after the review is passed, the real estate certificate of the changed owner will be issued.

The transfer process is as follows:

1. The applicant submits an application for transfer of ownership to the real estate registration authority;

2. Submit application materials, mainly including identity certificate, transfer registration application, registration reason certificate and other materials;

3. Accept applications and review materials;

4. Pass the examination and issue the real estate ownership certificate.

The conditions for the transfer of ownership of the house are as follows:

1. The property rights of the house are clear, and the real estate rights have not been seized or restricted in other forms by the judicial authorities;

2. The transfer of the house complies with the transfer regulations, and the house complies with the sales restriction policy, etc.;

3. The buyer shall transfer the house in accordance with the regulations, and when the real estate is transferred or changed, it shall apply to the local people's real estate management department at or above the county level for real estate change registration.

Article 20 of the Interim Regulations on the Registration of Immovable Property.

The immovable property registration authority shall complete the immovable property registration formalities within 30 working days from the date of accepting the application for registration, except as otherwise provided by law.

Article 22.

In any of the following circumstances, the immovable property registration authority shall refuse to register the application and notify the applicant in writing:

1) Violating the provisions of laws or administrative regulations;

2) There is an unresolved ownership dispute;

3) The immovable property rights applied for registration exceed the prescribed time limit;

4) Other circumstances where laws and administrative regulations provide for non-registration.