2. If parents want to divide property during divorce, of course, children have property rights. Whoever has custody of the child will manage the child's property and get two-thirds of the house.
3. If the parents died and the children inherited it, then the ownership of this house belongs to the children, but the inheritance certificate must be notarized by the notary office. There is no inheritance tax in China at present, but it will be difficult to say in the future.
So how do parents add their children's names to the real estate license? Just in the form of gifts or transactions.
If the child's name is added through the process of donation, it is assumed that the benefit of the child is 1/3 of the appraised value of the house, and the deed tax of notarization fee is calculated according to the appraised value 1/3 accordingly. According to the current regulations, grandparents and parents are exempt from business tax and personal income tax when they give property to their children and grandchildren, but the gift agreement must be notarized by a notary office. The gift also involves paying a tax of 20% of the real estate assessment value when the property is sold in the future, and the bank loan is repaid by the guardian;
If it is handled in a "transaction" way, notarization is not needed, and notarization fees can be saved. But to increase a transaction cost, you need to pay off the loan first, but the biggest advantage is that you declare the transaction price yourself and don't have to pay the real estate appraisal fee.
There are two processes to add the name of the child to the real estate license. One is to have a house without a loan and handle it normally; The second type has a house and a loan. You can go to the real estate trading center after you go through the mortgage change formalities at the bank. The whole cost is less than a few hundred yuan.
There are also hidden dangers in buying a house and adding a child's name. For example, when selling a house, it would be troublesome to show the notarization of minor guardianship and lose the child's birth certificate.
situation
The owner, Mr. M, bought a house in a certain district of Fangcun, and the names of Mr. M, his wife and son appeared on the property ownership certificate. Now Mr. M needs to sell the house to Ms. G. Since Mr. M's son is a minor, the Housing Authority requires that the minor's guardianship notarization be presented when submitting the documents. When Mr. and Mrs. M went to the notary office for notarization of guardianship, the notary office asked Mr. M to provide his son's birth certificate. However, Mr. M accidentally lost the child's birth certificate and the hospital refused to issue a new birth certificate. As Miss G is anxious to take over the building, it has been stated in the tripartite agreement that the building must be taken over within one month after signing the contract, so Mr. M is caught in a dilemma that the defendant may breach the contract. ...
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remind
1. The notary office shall submit the following originals for notarization of minor guardianship: parents' ID card, household registration book, marriage certificate, children's birth certificate, household registration book and real estate license;
2. If you can't provide the original birth certificate, you can also go to the hospital for paternity test. Replace the birth certificate with the result of paternity test;
3. The cost of paternity test is about 5000-6000 yuan, which increases the cost of the owner's sale;
4. As the owner is a minor, the Housing Authority needs to make an announcement in the Housing Authority when delivering the documents. It takes about 5-7 working days to see the regulations of the housing authority in each district. It will inevitably drag down the trading time.
Adult children have names on the real estate license and then buy a house according to the second suite policy? [20 1 1 February 1 1 day]
Recently, some viewers called us to reflect that according to the relevant regulations, the number of housing units refers to the total number of houses owned by family members, including both husband and wife and their minor children. Accordingly, they believe that even if the parents add the child's name to the real estate license, if the child buys a house after adulthood, then the newly bought house should be regarded as the child's first suite. However, according to the actual implementation, many banks and real estate transaction departments count it as a second suite.
In order to confirm whether this statement is true, the reporter first called the Bank of Shanghai and the Industrial and Commercial Bank of China, and they were all told that as long as there was a name on the real estate license, buying a house would be considered as a second suite.
Bank of Shanghai Customer Service: Even if your name is on the property certificate, you still have a suite.
ICBC Customer Service: Now I recognize both the house and the loan (whether it's my parents' or not, as long as there is my name/you can treat me as a second suite). That's right.
The reporter then called the Construction Bank, and the other party said that whether it is a second suite depends on whether the child is 18 years old when the real estate license is registered.
Customer Service of China Construction Bank: If registered as a minor, we can forget it, but if registered as an adult, we will forget it.
The reporter also dialed the consultation telephone number of the city housing provident fund, and the other party also gave a calculation standard similar to CCB. As a result, many citizens worry that if this is also a second suite, once a couple's parents' real estate license has their names before marriage, the young couple will have two houses after marriage. If they want to buy a wedding room, they will become the third suite, which is the object of purchase restriction.
Citizen: For example, children have a 70-square-meter house with their parents, but can they buy another suite if they want to get married?
We haven't received any notice about the details here, so we can't answer at present.
Citizen: then people can't buy a house when they get married. What should I do? Where can I get married?
The reporter immediately called the real estate trading centers in two districts for consultation, and the results were all told that according to the current operating regulations, it is really impossible to buy a house in this case.
A residential real estate transaction center: So we get married (buy again) and count as the third suite? Yeah, so we're restricted? correct
A residential real estate transaction center: then you can buy a house before getting married, and then open a marriage certificate after buying it. Use your head. Really, you can think so yourself.
The reporter also learned that if you want to remove the child's name from the real estate license, you need to pay a certain tax.
Adding or not adding the son-in-law's name ruined a marriage.
Case 1: Mr. and Mrs. Zhang Hang (pseudonym) who live in Lifu Lane, baixia district have only one daughter, Zhang Tiantian (pseudonym), and they regard her as the apple of their eye. 10 years ago, the company allocated a fund-raising house, and the couple only had one baby daughter when they were together. Later, the house was given to their daughter as a dowry. Now their daughter's name is added to the real estate license, avoiding the trouble and cost of transfer. Therefore, in 1998, only 14-year-old daughter Zhang Tiantian jointly owned the property with her parents, and soon the property right certificate and the * * * ownership certificate were successfully completed. Ten years later, Zhang Tiantian has become a big girl. It's time to talk about marriage. The future son-in-law is a foreigner and plans to live in Zhang Tiantian in the future, which makes Zhang Hang and his wife a little reluctant. What worries them even more is that Zhang Tiantian also requires parents to add the name of the future son-in-law to the property certificate. Zhang Xing and his wife began to wonder whether the future son-in-law was "eyeing" their house. If the young couple divorce, their house will be divided up by others. Zhang Xing and his wife rushed to the housing management department to "get rid of" their daughter from the property right certificate, but the staff told them that from the time they applied for the property right certificate, they had already agreed that the property right was one third of one person. Now, if they want to get rid of their daughter, they must buy, sell, transfer or give away, and there is no shortage of taxes and procedures. In addition, Zhang Tiantian himself had to agree. Gal, let Zhang Hang couple blindsided. Don't want to, this matter soon spread to the ears of the future son-in-law and his family. The future in-laws quit, thinking that the Zhang Tiantian family looked down on people, and the son-in-law family proposed to get married. Is that impossible? The son-in-law Zhang Xingjia even exploded the pot. At that time, two families who were supposed to be in-laws were like enemies. A young couple in Zhang Tiantian was caught in the middle, and their beautiful marriage fell through.
Expert tip: In fact, when Zhang Xing and his wife bought a house, they added their children's names in order to save the cost of transferring to their daughters in the future. But they didn't expect that when their daughter grew up in the future, this property might become the joint property of husband and wife, which would increase the contradiction of her daughter's marriage and the difficulties of her later life. Parents are advised to carefully consider adding their children's names when buying a house. And understand the content of inheritance law. As an inheritance, if there is no will, it is generally inherited by the first-order heirs (spouse, children). Therefore, property can be left to the only child through inheritance, and unless there is an agreement, the inheritance is generally the personal property of the child, not the property of the husband and wife.
There are minors on the real estate license, so it is difficult to get a loan.
Case 2: Li Jie (a pseudonym) and his wife, who live in Huju North Road, Gulou District, are both foreigners. After working hard in Nanjing for many years, they bought a second-hand house where they live now two years ago. In March of this year, the couple paid off the loan. With some spare money in hand, the couple are going to buy a serviced apartment in Xinjiekou. After seeing the house, they were very satisfied and signed a sales contract with the seller. Out of love for their two-year-old son, the husband and wife agreed to write their son's name into the contract. The husband and wife raised money, paid a down payment and got a property right certificate, but when they applied for a commercial housing loan from the bank, they were issued a "return ticket" by the bank. Banks don't lend money, which makes Li Jie and his wife anxious like ants on hot bricks. They want to go to Nanjing Real Estate Administration for consultation. How to deal with their situation and how to remove their son's name? The staff replied that since Li Jie's son is a minor, according to the relevant provisions of the Law on the Protection of Minors, it must be notarized before it can be handled. This makes it difficult for both husband and wife to ride a tiger.
Expert tip: Because of bank regulations, the principal lender cannot be a minor. Although minors are often property owners, minors are actually property owners like their parents. Therefore, when the name of a minor appears on the real estate license, it will often lead the bank to ask for a notarial certificate promising to protect the rights and interests of the minor before lending money, which will add a lot of trouble to the homeowner. When handling housing mortgage loans, there are strict restrictions on the use of loans, and sometimes loans are refused.
Many parents, out of love for their children and their names, don't realize that this will bring great trouble to bank loans, making it difficult to buy a house or not. Therefore, parents who want to buy a house through mortgage loans must understand this policy in advance, so as not to bring embarrassment to themselves and pay a considerable tax in vain.