If you love me, add my name to the real estate license. How many people can accept this "love test"? Whether you want to admit it or not, the signature of the wedding room is still a "sensitive issue" that many young people or newlyweds have to face. How to determine the ownership of the new house? Whose name is written on the real estate license? What are the procedures, processes and expenses for renaming the real estate license? If we don't carefully consider the doorway, it will inevitably affect each other's feelings because of this or that unhappiness.
At present, there are five main ways to write the name on the property certificate, and different schemes may lead to different legal consequences. Men and women in love should have a clear understanding of this, and then choose the appropriate plan according to the actual situation of their respective families and each other, so as to avoid unnecessary contradictions between families and lovers after hasty decision.
The first type: write only the name of the man or woman.
In order to avoid unnecessary troubles caused by parents' intervention after marriage, many lovers will choose this scheme when one of the "prospective couples" or one of their families bears all the house payment alone.
Legal consequences:
This situation needs to be analyzed from two angles:
First, the contribution of one parent or one parent is only registered in the name of one child. According to the provisions of the new marriage law, this belongs to the personal property of one of the children before marriage and will not be automatically converted into the property of husband and wife after marriage. In case of divorce, the property still belongs to the original owner.
Secondly, one party or one parent contributes capital, but it is registered in the name of the other party who has not contributed capital. Courts usually consider it a conditional gift. If the two parties are not married, the house belongs to the name of one party listed in the real estate license, but the other party can demand the return of the paid money. If both parties get married, it belongs to the personal property of the next party to the property right certificate.
The second type: write the name of "prospective husband and wife"
This is the view of most lovers, especially girls. They think that since the house was bought for marriage, it should be used for them in the future, and of course the names of both couples should be written.
Legal consequences:
If this scheme is adopted, the house will be regarded as the property of husband and wife, and the loan will also be regarded as the debt of husband and wife. If there is no other evidence such as "IOUs", the parents' contribution will also be considered as a gift to the couple and belong to both parties. In case of divorce, parents have no right to claim back their capital contribution.
However, if the "prospective husband and wife" do not register to get married after buying a house, but break up, then the "prospective marriage room" will still be considered as the property of both parties, and the loan is also the same debt of both parties. For the parents' contribution, if there is corresponding evidence to prove that the parents' contribution is based on the purpose of "prospective husband and wife" getting married, the court will also consider this part of the contribution as a gift with additional conditions, provided that both parties get married. If both parties are not married, parents have the right to claim back the donated money. A court in Shanghai has had such a precedent before.
The third type: write the parents' names.
This is the view of many parents. They believe that although buying a house is to get married, after all, there are lovers who are not registered, and some faster houses have to wait more than a year before they can be handed over. What should I do if I break up? Moreover, the down payment is made by parents, and lovers have no investment, so it is safer to write their parents' names.
Legal consequences:
If this scheme is adopted, the house will be recognized as the property of parents, the loan will also be recognized as the debt of parents, and the corresponding appreciation or depreciation will also be enjoyed or borne by parents. However, if the husband and wife repay the loan with their married income, if the two parties divorce, one party cannot claim the house, but the paid loan principal and interest can be claimed by the parents as a loan, requiring them to return it and divide it equally.
The fourth type: write the names of the man and his parents.
This practice is also common, often because the man's parents have paid all the down payment, and the future repayment depends mainly on the man's income. This wedding room should be regarded as the property of the man's family.
Legal consequences:
If this scheme is adopted, the house will be regarded as the property of the man and his parents, and the loan will also be regarded as their contingent debt, and the corresponding appreciation or depreciation will be borne by them. The man's corresponding share of property rights belongs to pre-marital personal property. According to the new marriage law, this part of the property does not produce some results because of marriage.
However, if the husband and wife repay the loan with their married income, if the two parties divorce, the woman cannot claim the house, but she can claim that the paid loan principal and interest are the property of the husband and wife, and ask the man and his parents to return it and divide it equally. The same is true of the legal consequences of the registration of the title certificate in the name of the woman and her parents.
Fifth: write the names of both parents and "prospective husband and wife"
Many people think that instead of being so troublesome, it is better to register both owners on the real estate license, and everyone has rights and is fair and reasonable.
Legal consequences:
If this scheme is adopted, the house will be recognized as the * * * property of the "prospective couple" and their parents, and the loan will also be recognized as their * * * debt, and the corresponding appreciation or depreciation will be shared or borne by these people. If only the married income of the husband and wife is used to repay the loan after marriage, and the two parties divorce, the repaid loan principal and interest can be claimed as the joint property of the husband and wife, and both parents are not entitled to this part of the property.
Changsha real estate license changed its name and learned which method is more affordable?
Changsha real estate license changed its name and learned which method is more affordable?
You said, "After marriage, I am in charge of beauty, and you are in charge of making money to support your family."
However, with the introduction of the new marriage law, many young post-8090 s often encounter the embarrassment of "adding or subtracting" the names of real estate licenses before and after marriage. How to add a name to Changsha real estate license? Can all the houses be named? What cases can you refer to?
Focus on hot spots 1. What are the methods of adding name to Changsha real estate license?
Adding a name to the real estate license, in legal terms, means "increasing the owner of the house". According to the current law, there are three ways:
1. Gift and inheritance of house property rights
In the past, deed tax and notary fee (2%) were required to be paid according to the share of donated property, and personal income tax and business tax were not required.
From July 1 2005, individuals can go through the formalities of giving away real estate for free and exempting business tax on land use rights, without submitting relevant notarization materials to the tax authorities. After the latest announcement of State Taxation Administration of The People's Republic of China on simplifying the business tax exemption procedures for personal donated real estate land use rights (Announcement No.50 of 20 15) made new provisions, a set of real estate with an estimated price of 6,543.8+0,000 yuan in Changsha can save at least 20,000 yuan in notary fees if it is exempted from business tax procedures.
Note: According to relevant laws and regulations, the property owner gives the property to the spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge; The owner of the house property right gives the house property right to the supporter or supporter who has the obligation of direct support or maintenance free of charge; After the death of the owner of the property right, the legal heir, testamentary successor or legatee who obtained the property right according to law need not pay personal income tax.
Step 2 buy and sell houses
Adding or deleting names through buying and selling requires paying corresponding deed tax, individual tax and business tax.
3. Production registration analysis
Mainly suitable for divorce analysis. Divorce analysis is a kind of registration procedure in which both husband and wife transfer their housing shares after divorce. According to relevant regulations, both parties are exempt from transaction tax.
Focus on hot spot two. Processing flow of Changsha real estate license plus spouse's name
It is understood that Changsha's tax policy on the name-adding behavior of housing property right certificate couples is: no matter the name-adding behavior of housing property right certificate before marriage or after marriage, deed tax will not be levied for the time being. If the property right is changed after marriage, both husband and wife must be present, bring their ID cards, marriage certificates and real estate licenses, and fill in the registration form and the report on the change of property right owner. Need to pay the registration fee, the cost of building ownership certificate, the use fee of surveying and mapping results, the house plan and other expenses.
Hot focus 3: Hello, buying a house before marriage, the real estate license has been handled, and the loan is still being repaid. Now I want to add my wife's name to the real estate license, can I?
A: According to your situation, if you want to add the name of the other spouse to the real estate license, you must first pay off the loan and cancel the mortgage property right. After that, the husband and wife went to the counter on the third floor of Changsha Dezhengyuan Housing Security Bureau with their ID cards, real estate licenses and marriage certificates. Couples only charge warrants for adding names.
The house purchased before marriage belongs to personal property, and becomes the property of husband and wife after marriage, and the ownership of the house changes. Because the house has a mortgage, the borrower will be changed from one to two. According to Article 19 1 of the Property Law, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee during the mortgage period. Therefore, adding a name to the real estate license requires paying off the bank mortgage first, and the name of the mortgaged house must be approved by the mortgagee, that is, the bank.
Focus on hot spot 4. How many names can I write on the real estate license?
How many names can be written on the real estate license is a problem that buyers will struggle with when they buy a house to write their names. In fact, there is no special regulation on how many names can be written on the real estate license, and it doesn't matter how many names are written. The title certificate of real estate is one person and one certificate. The first owner, namely * * *, is in the same order as the buyer. The title certificate of real estate is in the name of the first owner, while the title certificate of real estate ownership is held by others.
(The above answers were published on 20 15-07- 15. Please refer to the current actual purchase policy. )
Click to receive the red envelope for viewing the house, and directly receive 100 yuan in cash.