Adding a name after marriage: There is only one name on the real estate license after marriage. If you want to add the name of the other party, you only need both parties to hold a marriage certificate, ID card and real estate license, and go to the office hall of the Housing Authority to fill out a joint application for real estate. Fees include drawing fees, registration fees and so on.
Reminder: Whether the real estate is purchased before marriage or after marriage, if it is still mortgaged, the process of adding a name is more complicated.
Is it effective to add the name to the man's pre-marital property? It is effective to add the name to the woman's pre-marital property, but it needs to go through the procedure of real estate transaction, that is, through the transfer or gift of second-hand housing. In this case, taxes such as deed tax, personal income tax and business tax should be paid. To handle the formalities of adding the name of the real estate license, it is necessary to provide the real estate license, the guiding price of the housing market or the evaluation report and the invoice of the evaluation fee, the ID cards of the buyer and the seller, the purchase invoice and the deed tax certificate. The time to sign a house purchase contract online for changing houses is based on the time on the house book, receipt and public housing sale agreement, and the household registration book and marriage certificate are also needed. In addition, in order to prove that it is the only residence of the purchaser, it is also necessary for the housing management department to issue a certificate of no room.
Is it the same property to increase the real estate license after marriage? Yes House name adding program
1, directly add
If the property is not mortgaged, you can apply to the city housing transaction center. The real estate license of husband and wife is renamed, and the spouse's name can be added directly during the marriage. 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.
2. Real estate gifts
The scope of gift includes unmarried period, relatives and friends. That is, children, parents and other relatives or friends can be added to the real estate license by gift. 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).
The process and cost of adding a name before marriage
Process:
To add the name of pre-marital real estate license, it is necessary to provide real estate license, housing market guidance price or evaluation report and evaluation fee invoice, ID card of buyer and seller, purchase invoice, deed tax certificate and online signing of purchase contract. In addition to the household registration book and marriage certificate, the time of housing reform shall be subject to the time stipulated in the house registration book, receipt and public housing sales agreement. In addition, in order to prove that it is the only residence of the purchaser, it is also necessary for the housing management department to issue a certificate of no room.
Cost:
3 yuan transaction fee per square meter
Calculate the service life of the house from the date of issuance of the property right certificate to the trading day, and pay the relevant taxes and fees for second-hand housing transactions according to the ordinary housing standards of each city.
Value-added tax: if it is less than 2 years, it will be levied and paid in full at the rate of 5%; Ordinary housing for more than 2 years (including 2 years) is exempt from value-added tax.
Deed tax: the only family house with an area of 90 square meters or less is subject to deed tax at the rate of 1%; If the area is more than 90 square meters, the deed tax will be levied at the rate of 1.5%, and the deed tax will be levied at the rate of 3% for the second family house.
Personal income tax: taxes and fees are levied at 20% of the difference between the purchase price, and personal income tax is exempted for families who have only used it for five years.
Stamp duty of five ten thousandths.
This contract is made in quintuplicate (in different trading centers in different places).
For example, if the man transfers 50%, all taxes will be calculated according to the market price. If the house is 654.38+00,000, the tax value is 500,000.
If several people transfer the title certificate, the rights and interests of the title certificate shall be divided equally.
The process and cost of adding a name after marriage
Case 1: housing without loan.
Bring the originals and copies of the three certificates (marriage certificate, ID card and real estate license).
When you go to the real estate trading center in the area where the house is located, I will inform you in the pre-inspection window that you have come to apply for the real estate license to add your spouse's name. The window staff will review the submitted materials, give you a number if the materials are complete, and then take the number to the relevant window.
Fee for adding the name of the real estate license: 1 10 yuan handling fee, with details as follows: production fee of 80 yuan, cadastral map fee of 25 yuan and sticker fee of 5 yuan. If you succeed in 20 days, you can get a new real estate license.
You can set a password for the new real estate license, and the real estate trading center will tell you an initial password, which you can modify afterwards.
The second situation: there is a house and a loan.
Go to the bank to go through the formalities of mortgage change first.
Fees for adding the name of the real estate license: In addition to the above-mentioned handling fee 1 10 yuan, there are fees ranging from 100-200 yuan.
Other steps are the same as "having a house without a loan"
What is the cost difference between adding a name before marriage and adding a name after marriage?
Take a set of 75 square meters, the current total price is 2 million, and the original price is 1.02 million.
Calculation of pre-marital registration fee
Taxes related to second-hand housing transactions: VAT is {tax-included sales ÷( 1+ collection rate) }× collection rate = {200 ÷ (1+5%) }× 5% = 95,200 yuan; Individual tax payment is (200-102) × 20% =196,000 yuan; The deed tax payment is 200×1%= 20,000 yuan, and * * * is about 3 1 10,000 yuan.
In addition, the transaction fee is about 225 yuan, the stamp duty is about 1000 yuan, and the contract cost is about 20 yuan.
Total: If the man transfers 50% of the property rights, the pre-marital registration fee is about 6,543,800+0,550.
Calculation of the cost of adding names after marriage
Situation 1 A couple with a house and no loan only needs 1 10 yuan to change their names.
Case 2, housing and loan, provident fund loan 2 10 yuan; Portfolio Loan 3 10 yuan
Pre-marital real estate, how to allocate real estate when divorce is added? 1. At present, the property division of divorce cases has the name of the other party but not the name of the other party. What's the difference between the judgments? If you have a name, can you get half of the property?
A: There are differences.
If the name of the other party is in the property registration, the other party has a share of property rights. But when there is a share, it is not necessarily half. Regarding the division, there is an agreement from the agreement, but there is no agreement. It is also necessary to comprehensively consider the contributions of all parties to real estate.
If you buy a house before marriage and there is no repayment, then when you divorce, if there is only one name on the real estate license, then the property belongs to the personal property before marriage and belongs to the property owner. If the name of the other party is added to the real estate license, then the property belongs to the same property of both parties. If the agreement fails, the people's court shall decide to divide it according to law.
If you buy a house before marriage, but there is only one party's name on the real estate license, according to the relevant provisions of the new judicial interpretation of the Marriage Law, the money paid by both parties after marriage and the corresponding value-added part of the property should be compensated to the other party by the party that registered the property right according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law; If the name of the other party is added to the real estate license, then the property belongs to the same property of both parties. If the agreement fails, the people's court shall decide to divide it according to law.
If the loan has not been paid off, it is necessary to distinguish whether the property itself belongs to personal property before marriage or whether both husband and wife have property. If the husband and wife have property, the unpaid part shall be regarded as the debt of the husband and wife. If one party purchases before marriage and repays the loan within marriage, the outstanding loan will continue to be repaid as the personal debt of the property owner, and the repaid part and its appreciation part will be divided as the joint property of the husband and wife.
2. Assuming that there is only one spouse's name on the property certificate before marriage, is the legal effect of adding the other spouse's name before marriage the same as after marriage? Will it affect the divorce judgment?
Answer: The name added on the title certificate is a gift from one party to the other in nature. Therefore, there is no difference between the legal effect before marriage and after marriage.
3. What happens if the property and loan are not paid off at the time of divorce? How to judge separately?
Answer: If the loan is not paid off, it is necessary to distinguish whether the property itself belongs to pre-marital personal property or whether both husband and wife have property. If the husband and wife have property, the unpaid part shall be regarded as the debt of the husband and wife. If one party purchases before marriage and repays the loan within marriage, the outstanding loan will continue to be repaid as the personal debt of the property owner, and the repaid part and its appreciation part will be divided as the joint property of the husband and wife.
4. Which is more effective, pre-marital property notarization, real estate license or name, or more priority? Is it necessary to do both?
Answer: Either way, the property right of the house is subject to the final property right registration. Therefore, it is best for all parties to sign an agreement to clarify the share and division of property rights and avoid contradictions when notarization of property before marriage or adding names to real estate licenses.