1. If there are two people’s names on the real estate certificate, then both parties have a share of the property rights. But the named division is not necessarily one-half. From the perspective of the partition agreement, whether there is an agreement or not also needs to consider factors such as the contribution of each party to the property. If the house is purchased before marriage and there is no debt or mortgage part, it will belong to one party upon divorce.
2. Purchased a house before marriage, but *** used a loan, and only the man’s name was on the property certificate. According to the relevant provisions of the new judicial interpretation of the "Marriage Law", the loan amount used by both parties after marriage and The corresponding increase in value of the real estate is in the name of one party on the real estate certificate, and is in nature a gift from one party to the other party. Therefore, there is no difference in legal effect whether the property is added before or after marriage.
3. If the loan has not been paid off at the time of divorce, once the property belongs to the couple****, this part of the loan will not be repaid and will be treated as the same debt of the couple****. If one party purchases a house before marriage and repays the loan after marriage, the unpaid loan will continue to be repaid as the property owner's personal debt, and the increased value of the repaid portion will be divided as the same property of the couple****.
1. What is real estate
The so-called real estate refers to a property with walls and three-dimensional structures that can provide shelter from wind and rain and can be used for people to live, study, work, entertain, live or A place to store supplies.
2. Precautions for real estate transfer
1. If the unit is purchasing a private house, the original and copy of the qualification certificate (business license or organization code) of the unit's legal person or other organization must be submitted. (stamped with official seal), a power of attorney issued by the legal representative of the unit (collected at the receiving window), the original and copy of the trustee’s ID card;
2. If the transfer is for a non-residential property, it must also be submitted Land use right certificate;
3. If the party cannot handle the matter in person, a power of attorney or notarization must be issued, and the trustee must present the original and copy of his or her ID card;
4. The house has been If the property is leased and the purchaser is not the lessee, a certificate of the lessee's waiver of the right of first refusal must be submitted;
5. If there is a certificate of consent from the ***right holder for the sale and *** Proof of sale by the right holder and certificate by the right holder;
6. If there is proof of the right holder agreeing to the sale by the right holder and proof of the right holder. If there is a court judgment, a court judgment and a notice of assistance in enforcement must be issued.
Go to the trading center to handle the transfer procedures, and bring the original and copy of the real estate certificate, the original and copy of the ID card.
To handle the transfer procedures, both the original property owner and his wife are required to be present: bring the ID card , household register, house ownership certificate, deed, marriage certificate (single persons need proof of single status). As long as the buyer brings his/her ID card to the transaction center to register for the transfer of house ownership, he/she should submit the following materials:
Hand processing The following materials should be submitted for registration of ownership transfer:
The following materials should be submitted for registration of house ownership transfer:
The following materials should be submitted for registration of house ownership transfer:
< p>The following materials should be submitted to register the transfer of house ownership:The following materials should be submitted to register the transfer of house ownership:
The following materials should be submitted to register the transfer of house ownership:< /p>
(1) Registration application;
(2) Applicant’s identity certificate;
(3) House ownership certificate or house ownership certificate;
(4) Documents proving the transfer of house ownership;
(5) Other necessary materials.
The materials in item (4) of the preceding paragraph may be a sales contract, exchange contract, donation contract, bequest certificate, inheritance certificate, division agreement, merger agreement, legal document effective by the people's court or arbitration committee, or other legal documents that can Documents proving the transfer of property ownership.
3. How to divide the real estate owned by *** and ****
The part of the house owned by **** can be divided by **** person's request. The division methods are as follows: Four types, **** people can choose according to specific circumstances.
1. Directly divide the house
to form a distinction in house ownership. The house can be divided into mutually independent and shared ****, and someone can directly divide the house according to shares.
For example, a three-story house can be divided into one-story house ownership because the three owners have equal shares. However, since the entire house is connected and some parts are inseparable, they are still owned by all owners and have the same ownership, thus forming a distinction in house ownership.
2. Compensation for the price of the house
That is, the share of the house owned by one person ****, and the ownership shares of other **** are converted into prices and compensated separately by the person who obtains the ownership. .
3. House price compensation obtained by directly dividing the house
This mainly includes two situations: one is the direct division of the house. Due to the structure of the house, *** people will be divided Ownership cannot be distributed according to their respective shares, and price compensation can be made for partial ownership shares. For example, A and B own a two-story building in a ratio of 3:2. If the house is divided into one floor, B will occupy A's share of property rights. In this case, A's share of property rights should be compensated at B's price.
If three or more people share a house, the house will be divided according to the proportion of the price at which one of the two or more people compensates the other **** for their share of the property rights. houses. For example, A, B, C, and D*** own a house. The price of the house is all of A and B. A and B will divide the house in proportion after compensating C and D for their partial property rights shares.
4. House price division
House share **** If the person is unwilling to obtain the ownership of the house, he can sell the house, and the sale price will be divided according to the ownership share. .
The lawyer brother
How the father donated half of the real estate to his son
Peng Zonghui has been practicing for 2 years
Guangdong Guanghe Law Firm’s corporate affairs, Criminal defense
Consultation
1. Partial gift. If a part of the real estate share is donated to the children through the notarization procedure, the partial donation must be notarized first, and then the real estate certificate must be stamped with the notarization, the identity documents of the donor and the donee, and the original real estate certificate.
2. Partial transfer. Handle some real estate sales directly. For example: The original registrants of the real estate certificate are both husband and wife, and now they want to add the names of their children to the house title certificate. As the seller, the couple sells part of the property (the purchase proportion is determined by themselves) to the child, uses part of the property in the transaction, and transfers a certain proportion of the property rights to the child. The taxes involved are also calculated based on this proportion.
3. How to transfer the real estate certificate to your children
According to the provisions of the "General Principles of Civil Law", there are three ways to transfer the real estate certificate to your children. For example:
1. Transfer. Transfer the house to your children by transfer, that is, by buying and selling according to transaction procedures;
2. Gift. First go through the notarization of the gift, then go through the house appraisal and appraisal, and then go through the transfer procedures;
3. Inheritance. Inheritance of a house to children occurs upon the death of a parent.
IV. What are the procedures for transferring the house between father and son?
1. Ordinary gift transfer process: If it is a gift, you need to provide proof of household registration, ID card, real estate certificate, land certificate and other supporting materials. First go to the notary office to notarize the gift. You can handle the transfer of property rights with the notarization of the gift. The fees for the gift include:
2. Notary fee: 3% deed tax, 0.05% stamp tax, notarization fee It is different from the notary fees for children. Notary fees vary from place to place. Many cities charge 2% of the property value. Some areas require Xi'an to evaluate the property, and the assessment fees range from 0.3% to 1%.
2. Free property transfer process:
(1) The house donor and the donee enter into a written house donation contract, that is, a gift letter. --Sample of real estate donation contract According to regulations, the donation of a house must be in writing.
(2) Both parties who donate the house shall pay relevant taxes and fees according to regulations with the house ownership certificate, donation contract and other materials.
(3) Obtain notarization. According to relevant regulations of the state and this city, the donation of a house must be notarized.
(4) Handle the registration procedures for house ownership transfer.
3. Father-son real estate transfer process: No real estate agent is required to transfer the real estate certificate. The contract terms and breach of contract clauses must be clearly written. When signing the contract, the names of the parties on the seller’s real estate certificate must be present (if it is a couple, Both spouses need to be present to sign, even if there is only one person’s name on the property deed).
After preparing the application materials, go to the Real Estate Bureau and fill out some forms and a share purchase contract. The amount in the share purchase contract must be consistent with the amount in the signed contract. After submitting the real estate transfer application materials to the real estate bureau, the real estate bureau will give you a receipt. Pay taxes according to the date indicated on the receipt, which usually takes about fifteen working days. After paying the tax, you can apply for the real estate certificate.
Legal Basis
"Implementation Rules of the Interim Regulations on Real Estate Registration"
Article 26 Under any of the following circumstances, the real estate right holder may apply to the real estate registration The organization applies for change registration:
(1) The right holder’s name, title, identity certificate type or identity certificate number changes;
(2) The location, location and location of the real estate , purpose and number have not changed;
(3) The right holder’s name, title, identity certificate type or identity certificate number has changed. (2) The location, address, use, area and other conditions of the real estate have changed;
(3) The term, source and other conditions of the real estate rights have changed;
(4) The same owner divides or merges real estate;
(v) Changes in the scope of mortgage, the amount of the principal claim, and the debt performance period;
(vi) The maximum amount of mortgage guarantee Changes in the scope of the creditor's rights, the maximum amount of the creditor's rights, and the period for determining the creditor's rights;
(7) Changes in the purpose and method of use of the easement;
(8)****, Changes in nature;
(9) Other changes not involving the transfer of real estate rights as stipulated in laws and administrative regulations.