Husband and wife can transfer the property ownership certificate without a marriage certificate.
Property ownership transfer process:
Go to the "Registration Information and Verification Agreement" window to register information and verify the agreement;
Two, to the "real estate valuation" window for valuation procedures;
Three, to the "notarization" window for notarization procedures;
1. The applicant's resident identity card or household registration book and its copy;
2. If the agent applies on his behalf, the entrusted agent shall submit the power of attorney, ID card and its copy; Other agents need to submit agency qualification certificates;
3. Proof of the property right of the inherited property;
4. The death certificate of the deceased;
5. If the legal heir has died, a death certificate and a certificate of kinship shall be submitted;
6. Proof of the decedent's marriage, parents, children and related relatives;
7. Other certificates and materials that the notary believes should be submitted;
Four, to the "private transaction" window for transaction procedures;
Five, to the "deed tax, stamp duty" window to pay stamp duty;
Six, to the "property registration and certification" window for the "all of housing" renamed procedures.
Materials required for transfer of real estate license:
(1) application for registration;
(2) the identity certificate of the applicant;
(3) The house ownership certificate or the real estate ownership certificate;
(four) proof of the transfer of ownership of the house;
It can be a sales contract, an exchange contract, a gift contract, a legacy certificate, an inheritance certificate, a division agreement, a merger agreement, a legal document that comes into effect by a people's court or an arbitration commission, or other materials that prove the transfer of house ownership.
2. Can I transfer the second-hand house without a marriage certificate?
Second-hand housing transfer can be done without a marriage certificate.
According to the Measures for Housing Registration:
Article 4
Housing registration shall be handled by the housing registration agency where the house is located.
Article 13
* * * If there is a house, it must be registered * * *, and someone is registered * * *.
* * * If there is any change registration of house ownership, it can be applied by relevant * * *. However, if the nature or share of the * * * owner changes, the * * * owner * * shall apply.
Article 33
To apply for registration of house ownership transfer, the following materials shall be submitted:
(1) Application for registration;
(2) the identity certificate of the applicant;
(three) all of the housing or real estate ownership certificate;
(four) materials to prove the transfer of ownership of the house;
(5) Other necessary materials.
The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership.
3. What if the property is transferred but the seller's husband and wife are old and don't have a marriage certificate?
The second-hand house transfer process mainly includes the following four steps: 1. There is no loan between the buyer and the seller: the buyer and the seller agree on a contract signing date; Pay the down payment to the seller within three working days after signing the general contract; And set the time for the real estate to enter the trading center.
On the day of entering the trading center, the seller shall pay all the house payment except the final payment. After 20 working days, get a new real estate license; With the new real estate license, handle the property handover procedures, transfer the water, electricity and coal, and finally settle the balance to the seller when handing over the house.
Second, the seller has not paid off the loan: the buyer and the seller agree on a contract signing date; Within three working days after the signing of the general contract, the down payment shall be paid to the intermediary company for supervision; The seller, the buyer and the intermediary company witnessed the repayment of the outstanding bank loan of the landlord. After 7 working days, the bank loan ends, and both parties agree on a time for a real estate to enter the trading center; On the day of entering the trading center, the seller shall pay all the house payment except the final payment.
After 20 working days, get a new real estate license; Handle the handover procedures of real estate with the new real estate license and transfer the ownership of water, electricity and coal; Finally, when the house is delivered, the buyer pays the final payment to the seller. Third, the buyer's loan to buy a house: first, review the buyer's loan amount and credit standing; After the verification is correct, both parties reach a sales agreement.
The buyer and the seller agree on the date of signing the contract; Within three working days after the signing of the general contract, the buyer shall pay the down payment to the seller; The buyer signs a loan agreement with a loan company or bank; After the loan review is completed within 7 working days, both parties agree on the time when the property will enter the trading center; Get a new real estate license after 20 working days in the trading center; Bank loans to sellers with new real estate licenses; Handle the handover procedures of real estate with the new real estate license and transfer the ownership of water, electricity and coal; Finally, when the house is handed over, the buyer will settle the balance with the seller. 4. Both the buyer and the seller have loans: first, review the loan amount and credit standing of the buyer; After the verification is correct, both parties reach a sales agreement.
The buyer and the seller agree on the date of signing the contract; Within three working days after the signing of the general contract, the buyer will pay the down payment to the intermediary company for supervision; The Seller, the Buyer and the intermediary company witness to pay off the outstanding bank loan of the Seller; After 7 working days, the bank loan is concluded, and the buyer signs a loan agreement with the loan company or bank; After the loan review is completed within 7 working days, the buyer and the seller agree on the time when a property will enter the trading center; Get a new real estate license after 20 working days in the trading center; Bank loans to sellers with new real estate licenses; Handle the handover procedures of real estate with the new real estate license and transfer the ownership of water, electricity and coal; Finally, when the house is handed over, the buyer will settle the balance with the seller. Time required for the transfer of real estate license: If there is no problem with the materials, you must go to the real estate bureau to fill out some forms and a stock house contract. The amount on the stock contract must be the same as that on the contract.
After the materials are submitted to the real estate bureau, there will be a receipt, and the tax must be paid on the date mentioned above, which usually takes about 15 working days. After paying the tax, I'll wait in line there to get a new real estate license.
The time limit for handling the real estate license is 10 working days (from the day after accepting the registration). Fees to be paid for the transfer of second-hand houses: transaction tax * * * covers 8 taxes, mainly including deed tax, business tax, stamp duty, urban construction tax, personal income tax, land value-added tax, education surcharge and local education surcharge.
The collection rate of various taxes varies from region to region, but there is little difference. 1, deed tax: the basic tax rate is 3%, and the preferential tax rates are 1.5% and 1%.
The expropriation rate of ordinary houses is 65438+ 0.5% of the transaction price, and the expropriation rate of non-ordinary houses is 4% of the transaction price. Specific collection ratio: ordinary houses below 90 square meters (65438+ 0% for the first set and 3% for the second set); 90 to 140 flat ordinary houses (1 set 1.5%, 2 sets 3%); Unusual houses such as villas (4% of the transaction price).
2. Business tax: the tax rate is 5.5%. According to the 20 10 new real estate policy, for non-ordinary houses sold for less than five years, for non-ordinary houses sold for more than five years, or for ordinary houses sold for less than five years, business tax will be levied in full according to the difference between the two transactions, and for ordinary houses sold for more than five years, business tax will be exempted.
3. The first kind of stamp duty is the proportional tax rate, which is applicable to real estate property right transfer documents, with the tax rate of 0.05%, and also applicable to housing lease contracts, with the tax rate of 1%, and the tax rate of real estate sales contracts is 0.03%; The second is the fixed tax rate, which is applicable to the real estate title certificate, including the house title certificate and the land use certificate. The tax rate is per 5 yuan. 4. Individual income tax: the tax rate is 65438+ 0% of the total transaction amount or 20% of the difference between the two transactions, which shall be borne by the seller.
Conditions for collection Individual housing transfer income tax shall be paid for the sale of non-unique houses by families. There are two conditions here: the only house in the family; The purchase time is over 5 years.
If both conditions are met at the same time, individual income tax can be exempted; If you don't meet any conditions, you have to pay personal income tax. Note: If it is the only residence of the family, but the purchase time is less than 5 years, it needs to be paid in the form of tax deposit first. If you can re-purchase the property and obtain the property right within one year, you can refund the tax deposit in whole or in part, and the specific refund amount will be refunded according to the lower transaction price of two houses.
5. Urban construction tax, education surcharge and local education surcharge are levied on the basis of business tax, and urban construction tax, education surcharge and local education surcharge are paid according to 7%, 3% and 1% of the actual business tax respectively. Note: Fund supervision is beneficial to both buyers and sellers of second-hand houses. It is provided by an independent third party (fund supervision institution/bank) to protect the interests of both parties, avoid disputes over the sale of second-hand houses and reduce the transaction risk of second-hand houses.
4. There is no original marriage certificate, only a copy. Is it urgent to handle the property transfer?
I don't think so. I need the original marriage certificate. The following are the relevant procedures and fees for handling the real estate license: announcement 15 days from the time when the Housing Authority signs the sales contract. In this 15 day. When you get the house appraisal survey report, you pay the local tax and deed tax. You need some other documents to pay these two taxes. Also remember to apply for the maintenance fund change certificate. 15 days later, submit the original documents to the Housing Authority. Just hand in all the necessary documents and you can get the certificate. After 7 working days (excluding Saturday and Sunday), you can take the handling fee to the Housing Authority to get the real estate license. In addition, if there are * * * people, you need to charge another * * * license fee. Documents to be submitted: ID card (original+copy) of both husband and wife of the sales contract, original marriage certificate of the buyer's ID card (original+copy), and the answer to the household registration book is no, and the original marriage certificate is required.
You can ask the Housing Authority for details.
5. Can I write the woman's name without a marriage certificate?
Hello! If there is no debt such as mortgage, you can transfer.
According to the regulations of the real estate bureau, the mortgaged property is not allowed to be transferred without the real estate license, while the mortgaged property belongs to the type that is not allowed to be transferred, that is to say, the bank mortgage must be paid off before it can be transferred.
There are two ways to transfer, one is gift transfer, and the other is sale transfer. If the transferee of the property intends to transfer in the future, it is suggested to transfer it by selling. Gift transfer is exempt from business tax and income tax, and deed tax and production expenses are still paid. The gift needs to be notarized, and the next transfer will be subject to 20% income tax. To handle the transfer, the buyer and the seller need to be present in person (unmarried certificate), bring the real estate license, ID cards of both parties, household registration book and marriage certificate, go to the Housing Authority to check the files (verify whether there is a second suite), sign the sales contract for the record, pay the relevant taxes, and then handle it with the file checklist, payment certificate and the above materials. The following is the charging standard for the sale and transfer of second-hand houses, please refer to it.
1. deed tax: 3-4% for the second suite or 144 square meters or more; First suite1.5-2%; Less than 90 square meters 1%.
2. Business tax ● 5.5% of the transaction price (free after 5 years)-free after 5 years of notarization.
3. Personal income tax ● 65438+ 0% of the transaction price
4. Transaction fee ● 6 yuan/m2;
5. Transfer registration fee ● 80 yuan/piece
6. Real estate license search, real estate license decal ● 50 yuan or so.
To sum up, as you are immediate family members, 20% of the personal income transferred after accepting the gift can be exempted at any time, and the processing time of the real estate license is generally one month.
6. What proof should I open if I buy a house without a marriage certificate?
Hello, counselor.
I come from Dezhou, Shandong. My husband and I bought a house before we got married and signed a contract before we got the marriage certificate.
The contract was signed in the name of his singleness. We got the marriage certificate on October 20 10/0, but the property right certificate has not come down yet.
Although I have never borrowed a house in this city, I have to use someone else's house to repay my mortgage in Jinan. More than two thousand a month.
Now he pays for the money, and I pay for the property heating and other miscellaneous expenses. I don't know how much my husband earns every month, and I didn't ask.
Since we got married, we have been separated, and neither of us gave anyone money. When buying a house, his parents didn't add money, but I added 20 thousand, but there was no written evidence, only the record of bank withdrawal, which was transferred from my passbook to his card, and then the house payment was paid in one lump sum from his card.
I wonder if I can pull it out. Generally, the married man gives the woman a deposit, and the family gives 27 thousand.
According to custom, this money is for the woman to buy home appliances. But because I gave him 20,000 yuan to buy a house, he bought home appliances, and I bought about 2,000 yuan of TV cabinets and other supplies, as well as more than 2,000 yuan of bedding.
I would like to ask, if the property ownership certificate will not come down until the second half of this year, is this house owned by both husband and wife or his personal property before marriage? Now our relationship is very distant, and it doesn't feel like a newlywed at all. He is very busy. He only comes home once every two months, only for one day.
Now that we meet, there is nothing to say. I said I would rent a house in Beijing to live with him, but he wouldn't let me, because we had a quarrel about it, but no one could convince anyone.
I was very upset and had the idea of divorce. I want to ask how our property should be divided.
I don't want to get married for nothing. It's hard to get married again. I got married for the first time and he got married for the second time.
I found him because I am old. I thought I would find an older person who knows how to hurt, but he doesn't care about me at all, and his family doesn't pay much attention to me.
I am very sad and confused. I don't know what to do. Ask for help, how to judge divorce from our situation? .