The Property Law stipulates that the establishment, alteration, transfer and extinction of the real right of movable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.
First of all, it is clear that buying a house is an act before marriage, so the property is personal property, and the repayment part after marriage is * * * property. Therefore, in this case, adding a name to a spouse really requires deed tax. As the premarital property title certificate plus the spouse's name is the property owned by the individual before marriage, part of the property share is transferred to the spouse, and the deed tax, transaction fee, contract stamp duty, stamp duty (certificate) and house registration fee are charged according to the transfer registration (gift). As for the charging standard, the requirements of housing management departments vary from place to place.
Second, add the name program. If you can add your name after the loan is repaid, the procedure will be very simple. You can go directly to the local housing management office and bring your personal ID card, real estate license and marriage certificate. If you don't plan to repay the loan in the short term, first go to the loan bank to issue a certificate, indicating that the bank agrees to increase the spouse as the property owner, and then apply to the housing management office for adding the name.
If the other person's name is added to the property before marriage, the property becomes the same property, and he has the right to divide it if divorced.
According to the law, the following points can explain the ownership of pre-marital housing:
(1) The house purchased by one party before marriage and paid in full belongs to the property of one party before marriage. The marriage law stipulates that one party's pre-marital property is the property of husband and wife. The judicial interpretation of the Supreme People's Court Marriage Law (1) also stipulates that the property owned by one spouse shall not be converted into the joint property of the husband and wife due to the continuation of the marriage relationship. As one of the husband and wife paid off all the house payment before marriage and obtained the real estate license, the house is undoubtedly pre-marital property.
(2) The house purchased by one party with personal property after marriage belongs to one party.
(three) the husband and wife made a one-time investment after marriage and divorced after obtaining the house property certificate. According to the provisions of Article 17 of the Marriage Law, the property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife. As long as the husband and wife have not explicitly agreed in advance that the property belongs to one of them, no matter which party on the house purchase contract or the house ownership certificate is the purchaser or the owner, no matter whether there is a * * * person on the house purchase contract or the house ownership certificate, no matter how much the husband and wife contribute, the property belongs to both husband and wife.
(four) a house rented by one party before marriage and purchased with the same property after marriage, and the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of husband and wife. According to the basic principles of the Marriage Law and the provisions of the Judicial Interpretation of the Marriage Law in the Supreme People's Court (II), this kind of house still belongs to the income obtained during the marriage relationship. If it is purchased with the joint property of husband and wife, it should be recognized as the joint property of husband and wife.
(five) houses (including loans) purchased by husband and wife with the same property after marriage belong to the common property of husband and wife and are divided equally at the time of divorce. For the divided mortgaged property, because there is still the problem of continuing to repay the bank loan, one party will get the property, continue to repay the loan principal and interest to the bank, and pay half of the house price to the other party.
If the down payment before marriage and the loan repayment are owned by one person, the house belongs to this person's personal property, and the loan repayment after marriage can be regarded as the joint property of husband and wife, and both husband and wife are equally divided. If the inheritance given by your parents also belongs to your personal property, you don't have to pay too much when you accept the inheritance or gift, but if you want to sell the house in the future, you have to pay a heavier inheritance gift tax.
References:
China People's Congress Network-Marriage Law of the People's Republic of China
China People's Congress Network-People's Republic of China (PRC) Property Law