Do I need to transfer the property to my children? Can the property be transferred to a child?

When the house is transferred to the children, should I choose "before death" or "after death"? The difference is huge!

As far as the current housing prices are concerned, it is not easy for ordinary people to buy a house, since the collective allocation of houses to commercial housing, housing prices have embarked on a period of rapid progress, decades have passed, it seems that there is still no stop, as far as the current housing prices in third-tier cities are concerned, easy tens of thousands of yuan have been seen everywhere, a 100-square-meter house, all need millions of yuan.

Big picture mode. If you have multiple children, will you be red-faced and thick-necked, or even the family will fall apart because of the distribution of real estate? No one wants to see that.

Therefore, the elderly generally do not want to make a will to distribute the property, so as not to have children fight. On the other hand, many people also believe that after their death, real estate will naturally be inherited by their children, and they don't need to worry about it at all.

Big picture mode. After the death of the parents, the children inherit the real estate and realize the transfer of the house.

The inheritance of the house is very simple, the cost is very small, the deed tax, the number of fees and other fees are exempted, mainly involving property notary fees and registration fees, the amount of fees is not large, let's simply calculate:

Fee 1: Housing property notary fee: The implementation is a progressive billing rate % calculation method, 5% below 100, 101 above 1000 to 1000 part, 1001 above 1000 to 2000 part.

Therefore, if it is an 85-square-meter property with a house price of 2 million yuan, the cost will be more than 10,000 yuan.

Fee 2: Housing registration fee: This fee ranges from tens of yuan to hundreds of yuan, which is a small fee.

Big picture mode. When buying and selling a house, it is necessary to pay attention to the fact that both the buyer and the seller should be present, go to the relevant departments of the real estate bureau, bring the real estate certificate, the ID cards of both parties, and the household registration book of both parties, and the real estate bureau department will check whether it is more than two residences, and then assess and verify the relevant fees, and the two parties sign a sales contract for the record, and then pay the fees in accordance with the regulations, and finally handle the new house ownership certificate with the payment voucher and other information.

Big picture mode. Inheritance of the house after death: transfer the house to the children by inheritance.

According to the relevant provisions of the Inheritance Law, those who meet the relevant heir standards are eligible for property inheritance, including the first heir, the second heir, and the third heir.

Big picture mode. Gift of house during life: transfer of ownership to children through parental gifts.

Parents can gift the house to their children during their lifetime, but there will be a certain amount of cost.

Under normal circumstances, there is no need to transfer the house to the child so early, not only need to bear the relatively high transfer costs, but also affect the child's enjoyment of the preferential policy for the purchase of the first home, so there is no need to transfer the property to the child unless there is a necessary reason.

1. The property can be transferred to the child, as long as the owner of the house agrees and goes through the transfer registration procedures, if it is the joint property of the husband and wife, both husband and wife need to agree to transfer the ownership of the house to the child, and go through the relevant registration procedures.

2. If it is personal property, or personal pre-marital property, the ownership is personal, then there is no need for the consent of both parties, only the consent of the person and go directly to the housing authority to go through the transfer procedures.

3. If the child is not more than 18 years old and wants to transfer the house to him, it must be handled by gift.

If your child is older, more than 30 years old, you can transfer this house to him, and the younger child should not transfer the house to him, because after all, this child, she has insufficient ability to act and this social experience, and is easy to be deceived Well, so this is still to wait for the child to be older, and then transfer the property to him.

If necessary, the property can be transferred to the children, and you can transfer the property to the children, or you can use it as an inheritance to increase with the children.

It is not recommended that you transfer the house in advance, you think, people work hard all their lives not to believe in children, but there is no nest in the old age, in case the child is not supported in the future, there is no guarantee at all, and there is no place to cry.

And now it is given to the son, which belongs to the joint property of the son and daughter-in-law. In case one day the two divorce, the house you worked hard to buy all your life will be divided by outsiders, and the children will be divorced, and the money will be gone.

Do I need to transfer ownership to my child? I think that if the husband and wife are in harmony, the property should not be transferred, and it will increase a lot of burden on the child.

Do I need to transfer the property to my children? Under normal circumstances, this does not need to be transferred, for your own children, otherwise, if you transfer the ownership to your children, you also need to pay the transfer fee.

Of course, the property needs to be transferred to the child, so if the child's child goes to school, it will be used, so it must be transferred to him.

Do I need to transfer the property to my children? I don't think it's needed, because the child is too young and doesn't know anything, so don't transfer it.

In this case, it depends on your own thoughts, you can transfer the property to the child, or you can not transfer the house to the child temporarily, there is no time limit for this.

Do I need to transfer the property to my children? If the child needs it, it can also be transferred to the child, it depends on your conditions? It's really good, even if the property is transferred to the children, your life is still caused, what can you do?

Do I need to transfer the property to my children? It is also possible to transfer the property to the children, depending on how you want to choose.

Legal analysis: It can be transferred to a child, but if it is transferred to a minor, a guardian is required to handle it on behalf of the guardian. There are three common ways to transfer ownership, trading, gifting and inheritance.

The transfer of the transaction and the transfer of the gift can be carried out directly, but in the case of inheritance, it must be supported by a will, and it can only be carried out when the transferor dies.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 7 The transfer of land use rights refers to the transfer of State-owned land use rights (hereinafter referred to as land use rights) by the State to land users within a certain period of time, and the land users pay the land use right transfer fees to the State.

Eighth collectively owned land in the urban planning area, after being requisitioned and converted into State-owned land in accordance with law, the right to use the State-owned land can be transferred for compensation.

Article 9 The transfer of land use rights must conform to the overall land use plan, urban planning and annual construction land plan.

Children can have real estate, and the title deed can be transferred to the child. If it is a joint property of the husband and wife, and one party has no right to decide and make the act of transferring the property to the children, the consent of the other party is required before the transfer can be registered; If it is personal property, you can directly go through the procedures for the transfer of property rights without the consent of others.

1. How to handle the transfer of real estate to the name of one person.

Communal ownership of a property is when two or more people share ownership of the same property.

The method of handling the transfer of co-owned real estate to one person is: housing loan repayment, no mortgage, real estate certificate, deed tax certificate, land certificate, real estate certificate registrant and co-owner, as well as their respective spouses, holding ID cards, household registration book, marriage certificate. Together with the house management.

To handle the transfer, one party buys and sells the housing share or gives it to the other party, and re-applies for the real estate certificate in the name of one person. If the two people in the joint ownership are husband and wife, they only need to apply for the real estate certificate in the name of one of the husband and wife.

2. Can the divorced property of the husband and wife be transferred to the children?

China's laws stipulate that citizens have the right to dispose of their own property, and when the husband and wife divorce, as long as both parties reach an agreement, they can transfer the property to their minor children. If the property right transfer registration formalities have not been completed, but a written gift contract has been concluded between the parties, and the donor has handed over the original house ownership certificate to the donee, the gift shall also be deemed to be established in accordance with the provisions of the Supreme People's Court.

3. Can I handle the divorce and transfer of the mortgaged house?

If there is a mortgage, the bank will not agree to the transfer. The transfer of ownership of the house must have a real estate certificate, and the transfer cannot be carried out without the real estate certificate. Under normal circumstances, the title deed of the mortgaged house should be mortgaged by the bank.

After the divorce, if the party who gets the house wants to transfer the property, there are two ways: 1. Early repayment: Eliminate the mortgage registration of the bank mortgage loan, and if there is no lot of cash to repay the loan in advance, you can consider redeeming the real estate certificate through some loan companies.

After obtaining the real estate certificate, both parties go to the real estate registration section to handle the transfer. 2. If you are unable to repay the loan at one time, you can negotiate with the lending bank to change the lender and re-sign the mortgage contract for the housing loan. This method of operation is more troublesome, because the bank generally will not cooperate with Yuan Huixiao due to the risk and workload of repaying the loan.

If you have a real estate certificate, it is easier to handle the divorce mortgage transfer. The transfer of ownership shall be carried out in accordance with the normal transfer procedures.

Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Legal analysis: children can have real estate and transfer the title deed to children. If it is the joint property of the husband and wife, the unilateral party has no right to decide and make the act of transferring the real estate to the child, and the consent of the other party is required before the transfer can be registered; If it is personal property, there is no need for others to be in harmony, and you can directly go through the procedures for the transfer of property rights.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; 3) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.