Children's guide to American real estate transfer

Many people will choose to immigrate to the United States, so how can they transfer to their children after buying a house in the United States? This is a problem that many people care about. Let's take a look at the children's guide to American real estate transfer. Welcome to reading.

First, the basic knowledge of the renaming of American real estate property rights

The renaming of American real estate property rights includes adding or removing names. In the process of handling, all owners need to sign the previous deed.

According to the law, the owner of the house has a certain proportion of ownership of every part of the property. If everyone owns 50% of the house, and one of them can't sell half of the house, he can only transfer his 50% right to the property to others.

Whether the transferred rights are valid or not depends on the contents of the legal documents signed by the original * * * *, including the certificate of ownership transfer, the form of registration in the Land Bureau and other tax issues.

Without the signature of all the owners, the transfer is not completely invalid, but depends on the situation.

Second, the paid transfer and free transfer of real estate property rights in the United States

1. Paid transfer

Both parties to the transaction can sign a contract when they hire a broker. Basically, lawyers will control the transaction, so there won't be too many disputes and problems. When the transfer price is too low, for example, an aunt sells a house worth 654.38+0 million to her nephew at a low price of 654.38+0 million, it will involve the following problems:

American title insurance claims are calculated according to the property price.

After the transfer, the property needs to be insured again. If the property is 654.38+ million, the claim can only be calculated according to 654.38+ million.

American real estate-related taxes and fees

Transaction tax: when buying a house, the seller has to pay transaction tax, which is calculated according to the transaction price of the house, so when the house price is low, the transaction tax can be saved a lot.

2. Free transfer

Need to go to the lawyer's building twice:

1No.: Bring my valid ID card and social insurance number, ask a lawyer to prepare the deed of house and give legal documents.

The second time: the donor signs the deed tax donation document, and then the donor and the donor sign the transaction tax form to complete the donation process.

Advantages: The cost incurred is much lower than the transfer fee. There is no transaction tax.

Disadvantages: there is no transaction in the real estate, so it is impossible to buy property insurance. Once there is a problem with property rights, only the original owner can be compensated.

Capital gains tax is calculated from the original owner's price on the date of purchase.

Third, different types of real estate property rights transfer in the United States

When buying a house with a loan in the United States, although the owner of the house is the buyer's name, the ownership of the house still belongs to the bank before the loan is paid off. But the owner of the house can still transfer ownership.

1.*** Apartment (apartment)

The buyer owns a house in this building. Because most apartments have management offices, if you want to add or delete names, you need to get the consent of the building management office (most of them will agree).

2. Cooperative apartment

Property buyers own shares in the building. Because it affects the whole building, it is not easy to change the name. In the process of renaming, it usually goes through strict examination, including: legal identity, qualified credit report, job type, income stability, family members and so on.

Four, the United States free transfer of property rights may lead to legal disputes.

1. Transfer of real estate by the elderly

Apply for government benefits. In some cases, you can't apply immediately after transferring your property.

If some old people must give their property to their children, they can write a clause in the deed of house, stating that although the old people have transferred the property to their children, they have the right to live in the property for life. If this property is the only property where the elderly live, and the elderly have no income and savings, then they can apply for Medicaid.

2. Temporary transfer of arrears

Some people temporarily transfer their property to others because they owe money, but there is no way to buy property insurance for free transfer. The compensation party of insurance is the original owner. So once the original owner has a debt, this debt will follow the house in addition to others. As long as the donee sells the house, he still has to pay the arrears, otherwise the property right of the house is also problematic.

3. Transfer personal property to your own company name.

Nowadays, many people choose to transfer their personal property to their own company name, in fact, it is transferred to their own name, but it should be noted that the owner of this property must be consistent with the owner of the company. If the property is owned by both husband and wife, then the company must also be owned by both husband and wife, and the share must be the same. If it is changed, it will involve the issue of transfer tax, because this kind of transfer does not require transfer tax.