Five cases of property right change and detailed explanation of transfer tax!

The house ownership certificate is the certificate that buyers can obtain the legal ownership of houses through transactions and exercise the rights of possession, use, income and disposal of purchased houses according to law, that is, the house ownership certificate, which is the legal certificate that the state protects the ownership of houses according to law. Real estate license is a written proof of the ownership of a specific house, which can record the status of a specific house and whether a security interest has been set. It is the most intuitive proof of the ownership of housing property. As the house is an important real estate, it is an important pillar of citizens' property rights and interests. Therefore, the change of property ownership should be treated with caution. At present, the change of real estate ownership is directly reflected in the renaming of real estate license. Next, let's talk about the renaming of this real estate license.

1. How to change the name of real estate license:

Materials required for renaming the real estate license: provide ID cards, household registration books and real estate licenses of both parties.

If you don't plan to sell it again in the future, you can sign it directly, which will cost less. If you plan to trade in the future, you'd better fill in the sales contract in the house trading hall, and then transfer the ownership in the house trading hall, but there will be fees in the middle:

If the area is less than or equal to 144 and less than five years, the difference business tax will be levied at 5.5% (the difference between the market guidance price and the original purchase price), and the deed tax: if the area is less than 90㎡ and it is the first house, it will be levied at 1%, and the second house will be levied at 2%, with a tax of 1%. Everything else is a tip.

2. How to handle the property transfer?

If the mortgage loan has been paid off, the real estate owner only needs to go to the local real estate management department for property transfer with a valid divorce agreement (notarization) or court arbitration (judgment), divorce certificate, ID card and original house ownership certificate.

3. Directly increase the renaming process of real estate license.

Adding a spouse's name during marriage can be done directly.

If the property belongs to both husband and wife during the marriage, even if only one person's name is written on the real estate license, it is considered as the same property of both of them. Therefore, during the marriage, if you need to add the name of the real estate license, you only need to bring the marriage certificate, two house certificates, the original and copy of your ID card to the "change registration" window of the real estate transaction center.

Unmarried duration: during the unmarried duration, the name on the real estate license can not be changed directly by adding the spouse's name, but only by gift.

4. Real estate license renaming process gift

The scope of gift includes unmarried period and relatives and friends, that is, adding children, parents and other relatives and friends to the real estate license can be done by gift.

The following are two situations of giving:

There are houses and loans. Under normal circumstances, the house loan cannot be renamed before it is paid off. There are two ways to rename. One is to pay off the loan in advance and then change its name. The second is to apply to the bank to change the borrower and mortgagor in the loan contract, and then go to the Housing Authority to go through the relevant renaming procedures after obtaining the consent of the bank.

Having a house without a loan is a gift. Both parties need to sign a gift contract, and the gift contract must be notarized. The notarization fee is generally 1% of the value of the donated house, in addition to certain personal income tax, deed tax and other expenses (the donated house between immediate family members is exempt from business tax).

Gift program

The donated house must submit the house ownership certificate, the gift certificate and the deed certificate, and this gift behavior will have legal effect only after the relevant departments have gone through the formal registration procedures for the change of house ownership. The specific steps are as follows:

The donor and the recipient conclude a written contract on housing donation, that is, a donation letter.

The donee pays the deed tax with the original house ownership certificate and gift certificate and obtains the deed certificate.

Handle notarization.

Go through the registration formalities of house ownership transfer.

The donee shall apply to the real estate management department for registration of change and submit the following documents:

1. application (provided by the window).

2. Original real estate title certificate.

3. The identity card and household registration book of the party concerned.

4. Gift certificates and notarial certificates.

5. Deed tax receipt.

The donator delivers the house to the donee. The "delivery" here is subject to the completion of the registration of house property rights transfer.

When handling the housing donation procedures, the donor and the donee shall sign a written donation contract and go through the transfer procedures at the housing management department. However, if the donor gives his house to others in order to escape his legal obligations, if the interested party claims rights, the gift is invalid.

5. Renaming process of real estate certificate trading

The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents. If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or house sales contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.

The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.

Li qi The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Beijing has cancelled the contract for the sale of real estate during the transaction, which is also commonly known as the "white deed".

Pay taxes. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different. Go through the formalities of property right transfer and transfer. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.

For the buyer of the loan, after signing the house sales contract with the seller, both the buyer and the seller will go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan. After the buyer obtains the ownership certificate of the house and pays off all the house price, and the seller delivers the house and pays off all the property fees, the sales contract of the second-hand house of both parties is fully fulfilled.

6. Inheritance of real estate license renaming process

1. First go to the police station where the deceased's household registration is located to cancel the account and apply for a death certificate;

2. You and other legal heirs apply to the notary office where the estate is located for inheritance notarization, and other legal heirs shall show that they have no objection to the authenticity of the will. The materials to be submitted are:

(1) decedent's death certificate;

(2) Housing property certificate or other documents;

(3) a household registration book or other documents that can prove the kinship between the decedent and the legal heir;

(4) the identity certificate of the heir;

In the process of notarization, if other legal heirs don't cooperate or object to the validity of the will, which leads to the notary office's decision not to notarize, in order to ensure that your legitimate rights and interests can be realized, you can only bring a confirmation lawsuit to the people's court with jurisdiction, and the court will make a notarization judgment according to law after hearing it. If the court decides that you have the right to inherit the house, you can go through the transfer formalities at the real estate trading center with the judgment of the court.

(The above answers were published on 20 15-06-29. Please refer to the actual situation for the current purchase policy. )

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