In August 2011, the third interpretation of the marriage law was issued. For the property problem that everyone paid more attention to, the interpretation made it clear that after marriage, the parents of one party invested in the purchase of real estate for their children, and the property registered in their children's name should be recognized as the personal property of the husband and wife. As a result, the name of the real estate certificate once again attracted many people's attention and discussion. If it's a relationship between husband and wife, if one party wants to add the name of the other party to the house property certificate when buying the house property before marriage, does it need to pay the deed tax. If you have difficulties in buying a house,
On August 31, 2011, the Ministry of Finance and the State Administration of Taxation issued a notice: during the duration of the marriage relationship, the ownership of the house and land originally belongs to one of the husband and wife, which is changed to the common ownership of both husband and wife, and is exempt from deed tax. The notice came into effect on the same day. Wuhan Housing Management Bureau later also said that it will implement the notice, and the real estate certificate will be exempted from deed tax. That is to say, even if the property before marriage, with the name of the other party after marriage, there is no need to pay deed tax.
Reminder: at present, many real estate still have loan mortgage, and this kind of mortgage is an integral mortgage, which can not be decomposed. Therefore, if it is a property acquired before marriage and the debt it bears, the newly added property owner should also bear the corresponding debt repayment responsibility, that is to say, adding the name, half of the real estate and half of the debt.
Originally belongs to a party property certificate plus name, means to divide the property. Both husband and wife need to issue a written statement of the proportion of property rights when handling the transaction. Either party can not transfer the property rights unilaterally according to the principle of "joint ownership"; or "joint ownership" can directly indicate how much property rights each person holds.
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Name of mortgage house should go through the bank first
Non residential ownership registration fee 550 yuan, affordable housing 40 yuan
According to Changjiang Daily on September 21, 2011, it has been nearly half a month since Wuhan implemented the policy of exemption of deed tax for pre marital real estate naming. The reporter learned from the municipal and district housing registration departments yesterday that there are still many people applying for it. In view of the fact that many mortgage loan houses need to be renamed, the relevant people of the Municipal Housing Authority remind us that we must obtain the consent of the mortgage bank or pay off the loan first.
In recent days, many people have reported that the actual fees and procedures for pre marital real estate naming are different from those previously publicized. The reporter interviewed the relevant departments of the Municipal Housing Administration Bureau yesterday. As for the registration fee of 85 yuan, which was generally accepted by the public before, the relevant person of the Municipal Housing Authority explained in detail: for ordinary residential buildings, only 80 yuan of house ownership registration fee and 5 yuan of stamp duty are charged; for non residential buildings, 550 yuan is charged; for affordable housing, 40 yuan is charged.
According to the previously announced 'new rules', pre marital real estate name can be added only by providing the couple's identity certificate, marriage certificate, house ownership certificate, house registration application form and other application materials, which can be signed by the couple to the house registration department with jurisdiction. However, many members of the public reported to reporters that when they went to the housing management department to apply for the house with mortgage loans, they hit the wall.
Relevant people of the Municipal Housing Administration Bureau explained this: the legal term of adding a name on the house property certificate is' registration of change of house ownership '. The premise of change registration is that the house is not in the state of right restriction. For example, real estate can not be changed in the state of mortgage, sealing up, freezing, etc. Therefore, if the house with mortgage loan wants to be named, both parties should first apply to the bank to change the name on the loan contract; after the bank agrees, the three parties go to the real estate mortgage window together to change the debtor and re handle the other warrants of the real estate, and then the name on the real estate certificate can be changed.
Wuhan City premarital real estate naming procedures finalized
According to the report of Chutian Metropolis Daily on September 19, 2011, we learned from the local tax window of Wuhan administrative service center (hereinafter referred to as the local tax window) yesterday that the pre marital real estate naming procedure was finalized yesterday and can be accepted by local tax departments from now on.
Recently, the name of real estate has attracted much attention because of two items in the judicial interpretation (3) of the marriage law: that is, "who pays down, who owns the house after divorce" and "after marriage, the parents buy the house for their son, but the daughter-in-law has no share".
For the sake of protecting their own rights and interests, the party without a name on the house property certificate is required to add a name. Nanjing, Wuhan and other places revealed that the real estate certificate plus name, need to levy deed tax and so on.
On September 1, the Ministry of Finance and the State Administration of Taxation jointly issued a notice, clearly stipulating that during the duration of the marriage relationship, the ownership of the house and land originally belongs to one of the husband and wife, which is changed to the common ownership of both husband and wife, and is exempt from deed tax.
The person in charge of the local tax window explained that as long as it's a couple, whether it's a party's contribution to the house purchase before marriage, or a party's or a party's parents' contribution to the house purchase after marriage, if it's changed to a couple's joint ownership, there will be no deed tax. After marriage, both parties buy houses together, and there is no problem of paying tax in real estate naming.
According to reports, the taxes and fees to be paid before marriage are: 5 yuan stamp duty, 40 yuan registration fee and 10 yuan cost; after marriage, only the registration fee and cost will be paid.
None of the four certificates is missing
If you want to add a name on the house property certificate, how to deal with it? The Municipal Local Taxation Bureau has formulated an acceptance process and officially accepted it today.
If one of the husband and wife needs to add a name on the house property certificate, they should be present at the same time, and the original owner of the house land should apply and fill in the application form. When handling, ID card, marriage certificate, house property right certificate and land use certificate should be provided.
The real estate naming business in the urban area can be accepted at the same time in five tax offices, specifically the local tax window of the municipal administrative service center, Danjiang tax office of Dongfeng Road, central office of Jianshe Road, cross street tax office of Xiangcheng and Qilihe tax office of Zizhen road.
After marriage, if the husband and wife purchase the house together and need to add their names, they should bring their ID cards, marriage certificates, house property rights certificates, land use certificates, as well as the surveying and mapping drawings issued by the surveying and mapping department to the housing management window of the municipal administrative service center.
No need to add property name after marriage
According to the report of Chutian Metropolis Daily on September 6, 2011, after the implementation of the new interpretation of the marriage law, there has been a craze to add names to the property certificate after marriage in Wuhan. In this regard, the housing management department explained that if the property right of the married real estate is not agreed, whether the name is added or not is the joint property of the husband and wife.
It is understood that there are two main types of real estate certificate name addition: one is to buy a house unilaterally before marriage, and the other party requires to add a name on the real estate certificate after marriage; the other is to buy a house after marriage, and the real estate certificate is registered in one party's name, and the spouse's name is required to be added.
According to the statistics of the housing management window of the municipal administrative service center, more than 10 citizens consult about the name addition every day. There is no case of unilateral house purchase before marriage and spouse adding name on the house property certificate after marriage. However, it has accepted 5 cases of adding names to house purchase after marriage.
Zhang Jun, the person in charge of the housing management window of the municipal administrative service center, said that before the new explanation, when buying a house after marriage, it is rare for a spouse to add a name on the house property certificate, and it will be accepted only two or three months later.
Mr. Wang is one of them. In 2005, he and his wife bought a 130 square meter house by mortgage. At that time, only his name was on the property certificate. After the latest judicial interpretation of the marriage law, for the sake of fairness, it was decided to write the wife's name on the house property certificate.
According to Zhang Jun, when applying for the house property certificate, if there is no agreement on the ownership of property right, the house property purchased after marriage should belong to the common property of husband and wife. That is to say, the house property purchased after marriage has no agreement on ownership. Even if the house property certificate is in the name of one party, the other party is also the co owner of the house property.
Zhang Jun suggested that in order to avoid trouble, when buying a house in the future, both husband and wife can sign their names on the contract, invoice and other purchase information at the same time. At that time, the real estate certificate will be directly handled in the name of both parties.
How to add the name of property after marriage?
After marriage purchase, real estate certificate registered in the name of a party, if you want to add spouse name, how to deal with?
Both husband and wife need to hold the house property certificate, land certificate, marriage certificate, ID card and the surveying and mapping drawings issued by the surveying and mapping department to apply at the housing management window on the 4th floor of the municipal administrative service center.
There is no new policy for the time being, and the previous policy will continue.