How to look at the divided house on the real estate certificate, and can the real estate certificate

Since the house was built during the period of your relationship, it is considered to be the joint property of the husband and wife according to the provisions of the Marriage Act. However, according to Article 21 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, "If the parties have a dispute over a house that has not yet obtained ownership or has not yet obtained full ownership at the time of divorce and cannot reach an agreement through negotiation, it is not appropriate for the people's court to make a judgment on the ownership of the house, but shall make a judgment on the use of the house by the parties according to the actual situation." After the parties have obtained full ownership of the house provided for in the preceding paragraph, if there is a dispute, they may separately file a lawsuit with the people's court", and the court will not divide the house without obtaining the property right certificate at the time of divorce.

It can only be divided by your husband and wife, and if you can't reach a contract through negotiation, you can only wait until you get the title deed to sue the court for division.

Do the math how much it will cost you to renovate your home

I believe that everyone will be familiar with it, you must know that a house has only one property ownership certificate, so sometimes for some reasons, the house has to be divided, then at this time the real estate certificate will be divided. Let's introduce to you whether the real estate certificate can be divided?

Can the title deed be divided.

The title deed can be divided. The division of the title deed is not simply a physical division of the property, but a division of the ownership share of the property rights of the house; It is necessary for the original property owner to divide and confirm the real estate ownership share of the property concerned, and go to the local real estate transfer hall to go through the procedures of inquiry application, record registration, video evidence collection, etc., and then get a new real estate certificate, which will record the proportion of real estate owned by the relevant personnel!

What is the process of land certificate division?

1. You can go to the local land certificate department to handle the division of the land certificate of commercial land, but before you go to apply for the land certificate of commercial land, first stamp the copy of the developer's large land certificate with the official seal, and attach the ** document to the local land department for the division of the land certificate of commercial land.

2. It generally takes 15 working days for the division time of the land certificate, but in different places, the efficiency of the division of the land certificate for commercial land is also different, so how much is the time for the division of the land certificate for commercial land, which depends on the processing time stipulated by your local **.

3. The full name of the land certificate division registration is "Land Use Right Division and Transfer Registration", which is the legal certificate of the state-owned land use certificate. It refers to the division and transfer of state-owned land use rights involved in the division and transfer of above-ground buildings and attachments.

4. The land deed tax is 4% for the division of the land certificate, but there are differences in different regions, and you should consult the local county finance department for details.

Summary: We know that the division of the real estate certificate is a troublesome thing, but we still need to pay special attention to some details before processing. I hope the above introduction is helpful to you.

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Legal analysis: The division of real estate refers to the division of the total real estate area into several parts according to the need, which is manifested as the sub-certificate of the "real estate certificate" in the real estate registration, that is, a "real estate certificate" is divided into several "real estate certificates", but the total area does not change.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

The following information is required for the division of real estate:

1. Surveying and mapping application form;

2. Identity certificate of natural person, legal person or other organization;

3. A copy of the real estate certificate;

4. If the house has been surveyed and mapped but the right has not been confirmed, the original report of the surveying and mapping results and the attached drawings shall be provided;

5. A copy of the property separation agreement or the division agreement or notarial deed;

6. If the change of the building structure, building façade, and nature of use is involved, the approval opinion of the planning department shall be provided.

What procedures need to be done for the division of property rights in the real estate certificate.

1. Submit an application. The applicant shall submit an application to the housing management bureau of the district where the house is located with the required materials. For applicants who meet the registration conditions, the district housing management department shall conduct an on-site investigation and report to the core of the city's housing property registration after passing the preliminary examination;

2. Review and make certificates. The municipal housing property registration core will issue a housing ownership certificate after review and approval;

3. Pay the fee and get the certificate. The applicant or the person in charge shall pay the relevant fees to the housing management bureau of the district where the house is located with his or her ID card and receive the housing ownership certificate.

[Legal basis].Article 63 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

Where the people of provinces, autonomous regions, and municipalities directly under the Central Government determine that the local people** at or above the county level are uniformly responsible for real estate management and land management by one department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the real estate right certificate.

Legal analysis: real estate certificate, the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law.

Homeowner credentials to manage and use their own home. In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

The real estate certificate includes the house ownership certificate and the land certificate, and the property right certificate is only limited to the house ownership certificate. To pay to buy a house, you must apply for the "Real Estate Ownership Certificate" issued by the Land Bureau and the Housing Authority. Generally, buying a house in Chongqing requires paying deed tax and overhauling.

This policy has been in place for a long time. Take a good look at the bills you paid at that time, and if you pay them, the developer will be responsible. To do the former.

It is free to be listed and traded. The latter is not.

The real estate certificate is a certificate for the right holder to manage, operate, use and dispose of real estate in accordance with the law. It mainly records the real estate and land related to the real estate purchased by the owner. Such as the name and ID number of the right holder; parcel number, land use, land location, parcel area, age of the parcel; The name, building number, fangmeng number, use, construction area, completion date, construction purchase price and other rights of the real estate, etc.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

The handling of the division procedures of the real estate certificate requires the property owner to submit the application for real estate registration, the certificate of consent to the division of the planning department, the certificate of real estate rights, the identity certificate and the division agreement, etc., and the real estate management department verifies and passes the division registration procedures.

[Legal basis].Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Article 61 of the Law on the Administration of Urban Real Estate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

Hello, lawyer.

The house under the title deed can be divided.

Hello, the name on the real estate certificate is the name of myself and my eldest son, I am 5%, my eldest son is 95%, and now my younger son is facing the first grade, the head of the household on the household registration book is my name, and the younger son is also in his name, but the eldest son is now serving in the army, can I change the share of property rights?

My eldest son also agreed on how to change the share.

This allows for the signing of an agreement for the distribution of shares of the house.

You can go to the housing authority to handle it.

At that time, I didn't understand, I didn't know that because the child went to school and couldn't report the name, I needed a share of no less than 50 square meters, and if there was a share on the real estate certificate, I changed it now, how to calculate the cost.

It can be changed.

Now that my eldest son is serving in the army, he can't come back, so how can I do this, and I need to pay a tax of 3% to 5% of the value of the house.

You can write a letter of agreement and send it to your eldest son.

Let him sign and press his handprint.

Does this need to be notarized by a notary public? How much does a 136 square meter house cost?

This does not need to be notarized.

This is not a necessary condition.