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This is the name of the parents, I want to transfer the house to my own name, if it is the easiest to do, this is very easy, you go to the house. Housing center, house center, he will make a plan for you, and he will help you do it quickly, and go to the real estate agency to change your name. He is a very simple and convenient, now um real estate trading center, everything is done very fast, and the chopsticks are still put.
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According to my personal understanding, if you want to transfer the house to your descendants, you have to go to the real estate bureau, and this is not an inheritance and does not need to go through the court, so you can go to the real estate bureau for consultation.
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Parents can donate the house to their children and transfer it to their own name. You can also ask your parents to mark this house on the estate to themselves!
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Form a new family by yourself, have an independent household register, and as the head of the household, you can directly transfer the household.
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Add the child's name to the house book, and then remove the parent's name.
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Putting the child's name on the title deed is not a hassle for you.
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If the father dies, the mother breeds people, how to sell the house.
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Is the house in the father's name transferred to the children?
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First of all, parents should sign a written gift agreement with the child to prove that both spouses agree to donate the joint property to the child, and it is best to go through the notarization of the gift.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department specified by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.
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Legal analysis: The parties can transfer the house owned by the father and mother to their own name by way of sale and gift, but if the house is transferred, the corresponding taxes and fees need to be paid.
Legal basis: Provisions on the Administration of Urban Real Estate Transfer
Article 3 The term "transfer of real estate" as used in these Provisions refers to the transfer of real estate by the owner of real estate to others through sale, gift or other lawful means.
"Other lawful methods" as used in the preceding paragraph mainly includes the following conduct:
1) Investing in real estate as a shareholder, establishing an enterprise legal person with others, and changing the ownership of real estate;
2) Where one side provides land use rights, and the other party or more parties provide funds for joint ventures or cooperative development and operation of real estate, resulting in a change in the ownership of real estate;
3) The ownership of real estate is transferred as a result of the acquisition, merger or consolidation of the enterprise;
4) Paying debts with real estate;
5) Other circumstances provided for by laws and regulations.
Article 7 The transfer of real estate shall be handled in accordance with the following procedures:
1) The parties to the transfer of real estate sign a written transfer contract;
2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;
C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;
4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;
5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;
6) The real estate management department shall handle the registration procedures for housing ownership and issue the ownership certificate of real estate search and transportation tour.
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Legal analysis: materials to be prepared for real estate transfer: 1. Application form for real estate transfer registration.
2. Proof of identity of the applicant. Materials required by the seller: original ID card and a copy of ID card.
If you are married, you need the original marriage certificate and a copy, and the original real estate certificate; If one of the husband and wife is unable to be present, they must first write a power of attorney and then go to the justice bureau to notarize, the household registration book and a copy. Materials required by the buyer: original ID card and a copy of the ID card, household registration book and copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate.
3. Certificate of real estate rights. 4. The decision of the relevant authority, the real estate sales contract, (if notarization is required according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement. 5. If a mortgage has been created, a written document agreeing to the mortgagee shall be submitted.
6. In the case of compulsory transfer, the people's court shall submit an effective judgment, ruling, mediation document and notice of assistance in enforcement. 7. For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted. 8. For the land allocated or exempted from land premium, the approval documents of the competent department and the certificate of payment of the land price shall be submitted.
9. If the real estate is acquired by bidding, auction or listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights and the certificate of payment of the land price shall be submitted. 10. If it is a first-class welfare commercial house, it shall be submitted to the relevant competent department for approval. 11. If the compensation for demolition and relocation is compensated, the agreement on compensation for demolition shall be submitted.
12. The co-owner of the real estate agrees to the transfer. 13. For the acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted. 14. In the case of real estate transfer between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted.
15. Other documents stipulated by laws, regulations, rules and normative documents.
Legal basis: Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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1. How to transfer the house in the name of the parents to their own name.
1. Parents bring "ID Card", "Household Booklet", "Marriage Certificate", "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 name of the children.
2. Transfer costs;
1) Deed tax; For first-time buyers of less than 90 square meters, 1% shall be paid; 90-140 square meters according to the house price; For more than 140 square meters, 3% of the room price will be paid.
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; The property right of the house is exempted for five years, and the payment is 1% of the house price if it is not more 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 payment.
6) Housing property registration fee: RMB.
7) Housing appraisal fee; Pay according to the assessed amount.
2. The registration procedures for the transfer of housing can be handled through second-hand housing transactions or real estate gifts.
1. How to handle the transfer of housing property rights with the gift of housing property rights Parents bring ID cards, household registration books, marriage certificates, house ownership certificates, paternity certificates and children with ID cards, household registration books, and marriage certificates to the local notary office for notarization of the "Housing Property Rights Gift Contract", and then bring the above procedures to the local housing property rights registration department to handle the housing property rights transfer procedures, and transfer the house property rights to the names of the children.
2. How to handle the transfer of housing property rights in the purchase and sale of housesParents bring ID cards, household registration books, marriage certificates, house ownership certificates and children with ID cards, household registration books, and marriage certificates to the local housing property rights registration department to go through the housing property rights transaction transfer procedures, and transfer the house property rights to the names of their children.
3. The transfer costs of housing property rights include: deed tax, business tax, land value-added tax, income tax, housing transaction fees, housing property registration fees, housing appraisal fees, etc.
3. Precautions for real estate transfer.
1. If it is not a residential transfer, the land use right certificate must also be submitted; If the party concerned cannot handle it in person, a power of attorney or notarial certificate must be issued, and the entrusted person must issue the original and copy of the ID card;
2. If the house has been rented out and the purchaser is not a tenant who has repented of the group, the certificate of the tenant's waiver of the right of first refusal shall be submitted; If there is a co-owner, it is necessary to issue a certificate of consent of the owner of the co-collapse and a certificate of co-ownership; If the court makes a judgment, the court judgment and the notice of assistance in enforcement shall be issued.
The transfer fee is the lowest, which is about 6% of the tax return price (i.e. the transfer price of the property you agreed upon) (3% of the notary fee and 3% of the transfer tax). However, after the transfer of the gift, if you want to transfer the property in the future, you will have to pay 20% of the declared value of the individual income tax alone. Therefore, it is not advisable to use gift transfer. >>>More
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The name of the married son or grandson who has not yet reached the age of age can be written, and the name of the son or grandson can be written on the real estate deed, and it should be stated that the property is owned by one party. The parents then write an agreement stating that the property is a unilateral gift to their son alone. >>>More