My father is gone, and the property is transferred to my mother s name, do I need to go through the

Procedures are required. Before going through the formalities, there is another very important issue--- the division of property. To use an analogy:

Your parents have two children (you and your sister) and the property is worth 120,000 yuan.

Clause. First, first of all, you must give your mother 60,000 yuan (the house is the joint property of your parents, your father is gone, your mother is still there, and half of the property, that is, 60,000 yuan, belongs to your mother);

Clause. 2. The remaining 60,000 yuan is your father's inheritance, which is jointly inherited by your mother and your brother and sister, with 20,000 yuan each. If you still have grandparents, add them to share your father's estate ($60,000).

Clause. 3. If your brother and sister (and your grandparents) are willing to give up their due share, then your mother and your brother and sister (your grandparents) go to the notary office to notarize, and your father's estate of 60,000 yuan will be your mother's.

Clause. Fourth, with the notarial deed to the housing management department to go through the housing transfer procedures (to charge).

Otherwise, the housing management department will not go through the formalities.

There is another way: don't go through the transfer procedures first, and just live like that. After your mother is 100 years old, your siblings will inherit the property together.

I just talked about a little legal common sense, and there was no malicious intent.

If the property is to be transferred to your mother's name, you need to go through the transfer procedures, please go to the registration office where the house is located to go through the transfer procedures with the two house certificates, the original purchase agreement and the receipt of payment (as a backup), the identity documents of both your parents, the proof of the relationship between the husband and wife, and the proof of your father's death.

If your mother is still alive and has not divorced your father and divided the property, then of course your mother's consent is required.

Although only your father's name is on the title deed, the property is the joint property of the husband and wife, and your mother owns half of the property.

How to handle the transfer of property rights:

1. Handle the transfer of house property rights according to the gift of house property rights

1. Required materials:

Parents bring "ID card", "household registration booklet", "marriage certificate", "house ownership certificate", "paternity certificate" and children bring "ID card", "household registration booklet" and "marriage certificate" to the local notary office to notarize the "house property right gift contract", and then bring the above procedures to the local housing property registration department to go through the house property right transfer procedures, and transfer the house property right to the name of the child.

2. Expenses required for transfer:

1) Notary fee: 2% of the house price, (2) Appraisal fee: 2% of the house price.

3) Deed tax: 3% of the house price.

4) Land value-added tax: 1% of the house price.

5) Income tax: 1% of the house price.

6) Housing property registration fee: RMB.

2. Handle the transfer of ownership according to the sale and purchase of the house

1. Required materials:

Parents bring "ID Card", "Household Booklet", "Marriage Certificate" and "House Ownership Certificate" and children bring "ID Card", "Hukou Booklet" and "Marriage Certificate" to the local housing property registration department to go through the procedures for the transfer of housing property rights, and transfer the property rights of the house to the names of the children.

2. Expenses required for transfer:

1) Deed tax: 1% for first-time buyers below 90 square meters: 90-140 square meters according to the house price: 3% of the house price for more than 140 square meters.

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: Exemption for five years of acquisition of house property rights, and 1% of the house price for less 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.

6) Housing property registration fee: RMB.

7) Housing appraisal fee: pay according to the appraisal amount.

If the house is the joint property of your parents, even if the title deed is only in your father's name, you must have your mother's consent to transfer the title to you. Because the property in this house is half of your mother's, your father cannot dispose of it alone.

Well, that's right.

Although the title deed is in the name of the father alone, it is the joint property of the husband and wife. If the transfer of ownership to the son is to be agreed by both parties, it cannot be handled privately.

The real estate certificate is in the name of the father's father, and the transfer is given to the son, as long as the parents are not divorced, the mother's consent (the biological mother's consent is definitely agreed) is required to transfer the property to the son!

If the property is the joint property of the parents, the consent of both parents is required to transfer the property to the son, otherwise disputes may easily arise.

Mother's consent is required.

Because the house belongs to the joint property of the husband and wife, if the joint property is to be disposed of, it needs to be signed and approved by the husband and wife and both parties.

If you transfer the ownership, you need to go to the local real estate trading center to handle it, which requires both husband and wife to be present in person.

The title deed is transferred from the father's name to the son, and the mother's consent is required. Of course, the mother's consent is required, because although the real estate certificate is in the father's name, it is a cool common.

It is best to ask the mother to agree, because although it is the father's name, the mother also has half of the ownership, and for the sake of family harmony, it is better to discuss it.

Because if the mother knows about it later, she may feel a little disrespectful to her.

Tell her it would be better.

The real estate deed is in the father's name and will be given to the son, does the mother's consent be required? I think as long as the father and mother are not divorced. The transfer of the property to the son must require the mother's consent. A property is a joint property belonging to both husband and wife.

The father and the mother are legally married, the property is the joint property of the husband and wife, and the mother has the right to know the movement of the property, and it is also with the mother's consent that the property can be transferred to the son.

The title deed is in the father's name, and the transfer of ownership to the son requires the mother's consent? The title deed is in the father's name, and the transfer of ownership to the son also requires the mother's consent and signature.

The real estate certificate is in the father's name, and the transfer to the son requires the mother's consent! Because the property is jointly owned by the parents!

There are two ways to transfer, one is the gift transfer, the second is the sale and purchase transfer, if the transferee of the property intends to transfer in the future, it is recommended to buy and sell the transfer, the immediate family member gift transfer is exempt from business tax, income tax, deed tax, the cost of production or to pay, the gift transfer also needs to go through notarization procedures, and the future transfer needs to pay 20% of the total price of income tax.

The following are the fees for the sale and transfer of second-hand houses, please refer to:

1. Deed tax (paid by the buyer): ordinary residential buildings are levied according to the purchase price; The first house below 90 square meters is levied at 1% of the purchase price; Non-ordinary residential buildings or more than two sets of real estate shall be levied at 3-4% of the purchase price (ordinary residential buildings shall meet three conditions at the same time, the building volume ratio of residential communities is below 144 square meters, and the actual transaction is lower than the average transaction of residential buildings on the same level of land** times for ordinary residences, otherwise they will be treated as non-ordinary residences.) ）；

2. Business tax (paid by the seller): the real estate certificate has been obtained for less than 5 years, and the non-ordinary residential property that has obtained the property ownership certificate for 5 years is levied according to the difference, and the ordinary residential property has been exempted for 5 years;

3. Individual income tax (paid by the seller): charged at 1% or 20% of the transaction difference; (The only ordinary housing for 5 years is exempted).

4. Transaction fee: 6 yuan square meters, both parties pay half;

5. Registration fee: 80 yuan, to be paid by the buyer.

6.The house** must be identified by the appraisal agency designated by the local housing management department, and you also need to pay an appraisal fee of several hundred yuan.

7.If you are trading through an intermediary, you also need to pay a certain intermediary fee, which requires you to consult the relevant intermediary company as the fees of each intermediary company are currently different.

Summary. Transfer of ownership of the house to children by way of transfer: The main costs of handling the transfer of the house are business tax, personal income tax and deed tax.

Among them, the business tax is exempted for five years, and the individual income tax is also exempted, and only the deed tax and property transfer registration fee need to be paid, and if the property is less than five years, the business tax and individual income tax need to be paid, and the deed tax and property right transfer registration fee are paid at the same time.

My parents bought a house with someone else, and now that my parents are gone, I wonder if I need to transfer the house to my name first.

The first is to handle the transfer by way of transfer, that is, to handle the transfer in accordance with the order of Cheng Shisen of the transaction by way of sale. The second is to handle the transfer of ownership by way of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the spring vacancy. The third is to handle the transfer of ownership in the old wheel of inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not very common.

Transfer of ownership of the house to children by way of transfer: The main costs of handling the transfer of the house are business tax, personal income tax and deed tax. If the property is less than five years, it is necessary to pay business tax and individual income tax, and at the same time pay the deed tax and property right transfer registration fee.

Transfer of ownership of the house to children by way of gift: To handle the transfer of ownership, you need to pay personal income tax, deed tax and notary fees. There is no business tax on the transfer of gifts, because gifts are considered to be free of charge, so the donor is required to pay individual income tax, and at the same time, the gift transfer also needs to pay a notary fee.

Li Qi. The transfer of the house to the children by inheritance is the lowest compared with the sale and gift of the house, because there is no business tax, individual income tax and deed tax for the inherited property, and only the notary fee needs to be paid. The heir can handle the notarization of inheritance rights with the will, and go to the housing management department to handle the transfer and change of name with the notarial certificate of inheritance.

Summary. Hello dear! Yes, you need to transfer the house to your father's name before transferring the house to yours.

The buyer can claim to require the other party to perform the contract and transfer the house with the sales contract and payment vouchers, or to request the termination of the contract, refund the purchase price and pay liquidated damages, Property Law: Article 15 The contract between the parties concerning the establishment, alteration, transfer and extinction of the real estate right shall take effect from the time of the conclusion of the contract, unless otherwise provided by law; If the property right is not registered, the validity of the contract shall not be affected. Article 16 The immovable property register is the basis for the ownership and content of real rights.

The immovable property register is managed by the registration authority. Article 17 The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Lovely] My parents bought a house with someone else, and now that my parents are gone, I wonder if I need to transfer the house to my name first.

My father bought a relocation house with someone else, and my father passed away before the transfer of ownership, and now I want to transfer the house to my name.

Hello dear! Yes, you need to transfer the house to your father's name before transferring the house to yours. The buyer has not gone through the transfer of ownership, and the property right of the house is still legally owned by the registrant of the real estate certificate, and the rights and interests are protected by law, but the buyer can pretend to be a bird with the sales contract, payment vouchers, and claim to require the other party to perform the contract and transfer the house, or can request the final combination of Gao Zhengtong, refund the purchase price, and pay liquidated damages, Property Law:

Article 15 The contract concluded between the parties concerning the creation, modification, transfer and extinction of immovable property rights shall take effect at the time of the conclusion of the contract, unless otherwise provided by law; If the property right is not registered, the validity of the contract shall not be affected. Article 16 The immovable property register is the basis for the ownership and content of real rights. The real estate register of Qi Queyuan is managed by the registration authority.

Article 17 The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register. [Cute].

But my father has passed away, how can I transfer the title to his name?

If your father has passed away and the property belongs to your father's estate, you can apply to the local real estate management department to have their hands reviewed by the company. [Cute].

Is there a purchase contract?

The house is sold and sold by a private person.

Is it signed and stamped by both parties?

Well. Can you transfer the title directly to my name?

That is a valid contract, has the house payment been settled?

Settled. You will need to apply for inheritance.

Is your mother still alive? Do you have any other siblings? [Cute].

Did your father make a will, and the house was given to you?