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Anonymous users2024-02-12The transfer of the property in the divorce of the husband and wife is only charged for the change of registration, and there is no additional charge.
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, 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 for stamp duty).
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Anonymous users2024-02-11Normally, when the parties get divorced, they can negotiate first and reach an agreement to confirm the divorce. Divorce by mutual agreement refers to a divorce method in which the husband and wife reach an agreement on divorce, property division and child support, and then go through the divorce formalities at the marriage registration office.
The materials required for the transfer of real estate in a divorce by agreement are:
1. Divorce agreement on the division of real estate;
2. Divorce certificate and its copy;
3. Divorce property ownership agreement, if the right holder applies for registration, it is necessary to submit a notarized divorce property ownership agreement;
4. Real estate certificate;
5. Applicant's identity certificate and photocopy.
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Anonymous users2024-02-10Legal analysis: 1. Taxes: deed tax is 2% of the property price; Stamp duty is 5/10,000 of the production price.
2. Fees: registration fees; 2% of the transaction fee (based on the production price); The cost of production is $.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' intention to divorce voluntarily and their unanimous opinions on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the financial owner's property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
OK. In the event of a divorce, the parties may agree in the divorce agreement to transfer the property to the minor children, and the law does not prohibit this behavior. If the child is an adult, the property can be transferred directly to the child.
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