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This is usually considered a gift from the parents after marriage! It's hard to get back! Unless there's an IOU or something!
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For the husband and wife who handle the transfer of property rights due to divorce, which is a change in the co-ownership of real estate, according to the provisions of relevant laws and regulations, the divorce and property separation are exempt from transaction taxes. The procedures for the transfer of property rights in divorce are as follows:
1. Go to the notary office to handle the notarization of property analysis (the fee is about 500-800 yuan) (note: if there is a divorce judgment, this step can be exempted, that is, there is no need to go through notarization);
2. Go to the trading center to handle the transfer (generally available on the same day);
3. Apply for deed tax exemption at the Housing Authority (about 10 working days);
4. Go through the registration procedures for property analysis (about 7 working days) and pay the registration fee of 50 yuan;
5. Collect evidence (pay 5 yuan stamp duty for licenses);
6. The division of house property rights through divorce is the disposal of the joint property of the husband and wife, and the individual who goes through the procedures for the transfer of house property rights due to divorce is not subject to individual income tax.
How much tax to pay on the transfer of property in a divorce by agreement.
1. Regarding the issue of business tax, according to the notice of the Ministry of Finance and the State Administration of Taxation on several tax exemption policies for business tax such as the purchase and sale of personal financial products (Article 2 of the Ministry of Finance and Taxation stipulates that if an individual does not give real estate or land use right free of charge, it shall be temporarily exempted from business tax.
2. Regarding the issue of deed tax, when the property rights of the property are divided in the divorce, it can be determined in accordance with the provisions of the "Reply of the State Administration of Taxation on Whether to Levy Deed Tax on the Change of Housing Ownership after Divorce", that is: "According to the provisions of the Marriage Law of our country, the house jointly owned by the husband and wife is jointly owned property. The transfer of the property rights of the original co-owned house to one party due to the division of marital property is a change in the co-ownership of the real estate rather than a transfer of the property rights of the house that is taxed under the current deed tax policy.
3. Regarding the issue of individual income tax, the Notice of the Ministry of Finance and the State Administration of Taxation on Individual Income Tax Issues Concerning Houses Donated by Individuals Free of Charge stipulates that no individual income tax shall be levied on both parties for the free gift of house property rights in the following circumstances. For the division of divorced real estate, if one party gives up ownership of the other party, it is a gift of the property right of the house to the spouse without compensation, and no individual income tax is levied.
Note: If the owner of the house was the man before the divorce, and the man owns it after the divorce and the woman is compensated, there is no need to change the name. There is no personal income tax involved.
On the other hand, if the owner of the house was the man before the divorce and it is owned by the woman after the divorce, the man will need to change his name when he is compensated.
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As long as the parents can get the proof that the down payment is theirs, they can get it back. ,
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After marriage, the man's parents generally buy the marriage house for the young couple, and the parents fund the purchase of the house after the son's marriage, and the name is the son's, does the daughter-in-law have a share? I think the daughter-in-law has no part, mainly in the following aspects. First of all, there is only the son's name on the real estate certificate, and the property belongs to the gift of the man's parents to the son, which is personal property and has nothing to do with the daughter-in-law.
Secondly, in such cases, the man's parents will usually give a written explanation when they donate the property, whether the property belongs to the son or is jointly owned by the husband and wife. Finally, people nowadays have higher and higher requirements for marriage, and having a car and a house is the standard configuration for marriage. Housing prices are getting higher and higher, many people can't afford to buy a house, and people who can buy a house with full ownership account for a very small number.
If the man's parents do not buy the house wholly and still have a loan to repay after marriage, and the husband and wife jointly bear the debt, then the house belongs to the joint property of the husband and wife.
One: The daughter-in-law's name can be added to the real estate certificate. Otherwise the daughter-in-law will be unhappy.
Only the son's name is on the real estate deed, and the property belongs to the man's parents as a gift to the son, which is personal property and has nothing to do with the daughter-in-law.
Two: It is best to write a written explanation in advance.
In such cases, the man's parents will usually give a written explanation at the time of donating the property whether the property belongs to the son or to the husband and wife.
Three: Basically, the parents make a down payment, and the couple repays the loan after marriage.
Nowadays, people have higher and higher requirements for marriage, and having a car and a house is the standard configuration for marriage. Housing prices are getting higher and higher, many people can't afford to buy a house, and people who can buy a house with full ownership account for a very small number. If the man's parents do not buy the house wholly and still have a loan to repay after marriage, and the husband and wife jointly bear the debt, then the house belongs to the joint property of the husband and wife.
Regarding the son's marriage after the parents funded the purchase of the house, the name is the son's, does the daughter-in-law have a share? If you have anything else you would like to add, please leave a message below the comment area. If you also agree with this article, remember to like and follow.
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Of course, there is a share, because after marriage, the property belongs to both parties, so the daughter-in-law certainly has a share. And it's a normal problem.
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There is no daughter-in-law's share, because the daughter-in-law did not contribute any money when this house was purchased, and it is also in the son's name, so it has nothing to do with the daughter-in-law.
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If only the son's name is on the real estate deed, the son and daughter-in-law will be the joint property of the husband and wife after marriage. So theoretically speaking, the daughter-in-law also has a share.
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Of course. Because the house was bought after marriage, the property is joint property.
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If there is evidence and some formalities to prove that the house was purchased by the parents in full, the daughter-in-law has no share, and even if the relationship between the two people breaks down, the house will not be divided.
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1) The man's parents contributed to the purchase of the house, and if the house was purchased before marriage, the property belonged to the son, and the parents only gave the house to the son.
If the daughter-in-law adds her name after marriage, legally speaking: the daughter-in-law can share 1 2 of the total price of the property, but if the man's parents ask for it.
If the gift money is returned, the son's daughter-in-law should refund the money given to the son by the parents.
2) If the son or daughter-in-law buys a house after marriage, the house should belong to the joint property of the husband and wife, although the man's parents jointly contributed to the purchase of the house, such as.
If the property is divided, the son and daughter-in-law each get 1 2 real estate, and the man's parents cannot claim back the money they have contributed.
3) The man's parents contributed to the purchase of the house and the purchase of the house before the man's marriage, and the parents came up with a down payment, which is about the total price of the house.
1 10, the parents also made an agreement: "If the son divorces, the parents must return the 1 10 property to the parents", then in the division.
When it comes to property, you must first give 1 10 of the property to your parents, and the rest will be divided according to the relevant provisions of the Marriage Law.
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1. It depends on whether it is before or after marriage. If it is before marriage, it is considered a gift for the purpose of marriage. If they are married and live together, the divorce will not necessarily be shared equally by the woman (but in practice it may be combined with the length of time they have lived together).
If you are not married, then you should return it when you break up.
2. If it is after marriage, it is generally regarded as a gift to both parties. Considered joint property. Distributions are made in the event of a divorce.
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The house is divided equally between two people. Because the man's parents contributed to the purchase of the house, and the real estate certificate is written in the names of the son and daughter-in-law, it means that the man's parents have donated the house to the son and daughter-in-law, which is the joint property of the husband and wife, and if the two divorce, the two should divide the house equally.
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If one of the parents buys a house in full after marriage and it is registered in the name of the son and daughter-in-law, it is generally recognized as the joint property of the husband and wife, unless a gift contract is signed.
If one of the parents buys a house in full before marriage and is registered in the name of the son and daughter-in-law, it is generally recognized as the joint property of the husband and wife, unless 1 the two parties have agreed on the mode of co-ownership and their respective shares, they shall enjoy the property rights of the house according to the agreement of both parties, and if the two parties have not agreed on the mode of co-ownership, it shall be deemed to be equal share.
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If there is no divorce, this property should be inherited by the son and daughter-in-law. But if there is a divorce, according to the signature on the real estate certificate, the son and daughter-in-law should be divided equally. Unless you have conclusive evidence that it was entirely funded by your parents, and it may change after a court ruling.
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The law states that real estate is subject to registration and has nothing to do with who contributes the capital. Since it is registered in the names of the son and daughter-in-law, the property can only be divided between the son and the daughter-in-law.
As for the parents' contributions, at most they are loans, which are joint debts of the husband and wife, and the son and daughter-in-law each repay half of them.
It's simple. When you buy a house from the developer and take out a mortgage loan, the money is paid directly from the bank to the developer, but it does not mean that the bank has the right to divide your house. By the same token, here, the parents are really only in the position of the lending bank and have no right to divide the house.
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No matter who pays to buy the house, the name of the son and daughter-in-law is written on the real estate certificate, and the property right is the property of the son and daughter-in-law.
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In this case, first of all, it depends on whether it is before or after marriage, if it is before marriage, then generally speaking, if there is no other agreement, it should be regarded as the man's property. If married, it is generally considered community property, unless there is a loan agreement.
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If the man's parents buy the house and decorate it in full, and the woman does not spend a penny, even if the name is on the real estate certificate, the property is all the man's, not the woman's. If the woman takes the money to repay the loan and renovate the house, the property is half of the woman's.
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Of course, the son and daughter-in-law jointly share the property, although the house was bought by the man's parents, but the name belongs to the son and daughter-in-law, from a legal point of view, this house belongs to the two of them, so the son and daughter-in-law share the property.
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The previous Marriage Law explained that the husband's parents contributed capital, and the property rights were only regarded as a gift to the husband in the husband's personal name, and the husband's personal property. In the woman's name, it is certainly not the man's personal property.
At present, the Civil Code has not yet been explained.
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The house was bought by the man's parents, and the name of the son's daughter-in-law was written on the title deed. It is proved that the parents have donated the property to the son and daughter-in-law, which belongs to the joint property of the son and daughter-in-law, and the house should be divided equally after the divorce of the two people.
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This house is divided by the son and daughter-in-law, although the house was purchased by the man's parents, but the name of the son and daughter-in-law is written on the house certificate, from a legal point of view, this house is the son and daughter-in-law, so the house is divided by the son and daughter-in-law.
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If the man's parents are paying for the house, and the title deed says about the son. How is the daughter-in-law's name divided into property? That's going to be half a child, if you get divorced. The property is the son, and the daughter-in-law is half of the son.
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No matter whose name is written on the real estate certificate, as long as it can be proved who paid for the purchase, the house will belong to whom, so if the man's parents contribute to the house, the name of the son and daughter-in-law written on the property will also be awarded to the funder according to the funder certificate.
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The man's parents paid for the house before marriage, but the name of the son and daughter-in-law is written on the real estate certificate, if it has been notarized before marriage, the husband and wife cannot divide it, and if there is no notarization, only the husband and wife divide it equally.
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If the man's parents pay to buy a house, and the name of the daughter-in-law is written on the real estate certificate, if it is a house bought before marriage, although it is the name of the daughter-in-law, but the daughter-in-law does not have a share If it is a house bought after marriage, then the son and daughter-in-law are half.
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If the husband and wife live a normal life, of course, the property is shared by the son and daughter-in-law, if the divorce is divorced, as long as the parents take out the contract for the purchase of the house, as well as the receipt of payment, no matter whose name is written on the real estate certificate, it is not good, my parents can take back the property.
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If the house bought before marriage belongs to the parents' house, even if the daughter-in-law's name is written on the real estate certificate, the house will not be shared, and if the house bought after marriage belongs to the joint property of the husband and wife, the daughter-in-law should also get a part.
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If the parents contribute to buy a house for their son and daughter-in-law, it should be a gift, if it is a premarital property, it should be the man's property, if it is not the full amount of the woman, the man has to make a down payment, and it is a gift after marriage, and I understand it this way.
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If the son and daughter-in-law are divorced, when dividing the property, no matter who the house is given to both parties, the money from the man's parents should be returned to them, and the rest is divided between the husband and wife.
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That's a gift, it's okay, it's your own, it will be after all.
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If it is a house bought by the man's parents, and the name of the son and daughter-in-law is written on the real estate certificate, this situation should be half of one person, as long as you write the name of the daughter-in-law on the real estate certificate, it proves that you gave it to the son, and the daughter-in-law has no half.
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Although the property was purchased by the man's parents, if the daughter-in-law's name is written on the real estate certificate, then the daughter-in-law can also get his share of the property when dividing the property.
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It doesn't matter who pays for the house, as long as it is a house that you bought after marriage, and it has the names of your son and daughter-in-law written on it. If you want to divide the property in the future, this house must be divided equally between you.
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No matter who pays to buy the house, the name of the son and daughter-in-law is written on the real estate certificate, which belongs to the house of the son and daughter-in-law, and the property will be divided in half between the two at that time.
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If the parents pay for the house they buy, the names of the son and daughter-in-law are written on the real estate certificate, and this situation can be regarded as a gift from the parents to the son and daughter-in-law, so the daughter-in-law should have a share when dividing the property.
You can write your son's name or your own name. This is the right of the family, and the prospective daughter-in-law will come to something! The old man's life savings!
It mainly depends on whose name the house is registered, if it is registered in the name of two people, it is the joint property of the husband and wife, otherwise it is not. According to Article 7 of the Interpretation (3) of the Marriage Law of the People's Republic of China, the property rights of immovable property purchased for the children by one of the parents after marriage are registered in the name of the children of the investor.
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Hello this friend, if you have divorced then the real estate certificate belongs to the man, but the child follows the man, then in this case, if the inheritance is inherited by the child.