Parents at home have been worrying about their children all their life. If they have better conditions at home, they will give their children a house when they get married, and even transfer the ownership of the house they live in to their children. This is the love of parents for us. However, in the process of real estate transfer, we should pay attention to find out the way of real estate transfer and relevant handling procedures. The following small series will introduce you to some matters related to real estate transfer to your children.
1、 Property gift to children
1. There are two situations in which real estate is donated to children:
(1) There is a house and a loan. General house loans can not be renamed without paying off. There are two ways to rename. One is to pay off the loans in advance and then rename. Second, apply to the bank to change the borrower and mortgagor in the loan contract, and go through the relevant renaming procedures with the Housing Authority after obtaining the approval of the bank.
(2) A house without a loan is regarded as a gift. Both parties need to sign a gift contract, and the gift contract must go through notarization procedures. The notarization fee is generally 2% of the value of the gift house. In addition, certain personal income tax, deed tax and other fees need to be paid.
2. How to deal with the gift of real estate to children?
The donated house needs to submit the house ownership certificate, gift letter and deed, and go through the formal house ownership change registration formalities with the relevant departments before such gift behavior has legal effect.
The specific steps are as follows:
(1) The donor and the donee conclude a written contract on house donation, that is, the gift letter.
(2) The donee shall pay deed tax and receive the deed certificate on the strength of the original house ownership certificate and gift certificate.
(3) Notarization.
(4) Go through the registration procedures for the transfer of house ownership.
(5) The donee shall apply for change registration at the real estate management department and submit the following certificates: application form (provided at the window); Original real estate property right certificate; Identity cards, residence booklets, gift certificates and notarial certificates of relevant parties; Deed tax receipt.
(6) The donor delivers the house to the donee. Here & prime; Delivery & prime; Subject to the completion of house property right transfer registration.
matters needing attention:
When going through the house donation procedures, the donor and the donee shall sign a written gift contract and go through the transfer procedures at the housing management department. However, if the donor donates his house to others in order to avoid his legal obligations, if the interested party claims rights, the gift is invalid.
2、 Children inherit property
For a house with a real estate certificate, when the owner of the house dies, its legal successor can apply for the registration of inheritance of the house.
1. The procedures for inheritance and transfer of real estate are as follows:
(1) to handle the transfer procedures of property certificates, the registered residence of the police station where the successor's registered residence is to be cancelled and the death certificate shall be handled;
(2) To handle the inheritance and transfer procedures of real estate certificate, we should go to the district or municipal notary office to notarize the right of inheritance. There are two kinds of Real Estate Inheritance: testamentary inheritance and legal inheritance.
2. Materials to be submitted for property inheritance include:
(1) Death certificate of the decedent;
(2) The property right certificate or other certificates of the house are required to handle the transfer procedures of the house property certificate;
(3) Household register or other documents that can prove the kinship between the decedent and the legal heir;
(4) The identity documents of the heirs are required to handle the transfer procedures of the house property certificate;
(5) Other materials to be submitted for the notarization of the inheritance right of a will: the will made by the decedent (the will must be a notarized will, and other forms of wills will not be adopted temporarily because their authenticity cannot be determined).
3、 Transfer of ownership to children through sale
Parents transfer the real estate to their children in the form of sale, which is the same as the ordinary second-hand house sale.
4、 How to transfer real estate to save money for children?
On the whole, among the three transfer methods of sale, gift and inheritance, inheritance is the most economical and fast way, because China has not yet imposed inheritance tax. For inheritance transfer, only notarization fee needs to be paid, and other taxes are exempted. However, in practice, because inheritance is the transfer of property rights after the death of the heir, there are few people in this way.
Moreover, the inheritance of real estate must be a will notarized by the heir before his death. If the owner of the property does not leave a will before his life, it is defined by the law. If there are many heirs and want to transfer ownership to one of them, the other people who have the right to inherit must declare to give up the estate.
Further, the choice of which way to transfer depends on the situation of the house. When handling the transfer, parents can consult the real estate management department and choose a suitable way to transfer the house to their children.