Parents worry about their children almost all their lives. If the family conditions are better, they will give a house to their children when they get married, or even transfer the house they live in to their children. How can parents transfer the house to their children? What materials do children need for property transfer?
1、 Real estate gift to children
1. There are two situations in which real estate is given to children:
(1) There are houses and loans. In general, house loans cannot be renamed without being paid off. There are two ways to rename a house. One is to pay off the loan in advance, and then rename it. The second is to apply to the bank for changing the borrower and the mortgagor in the loan contract, and then go to the housing authority to handle the relevant renaming procedures after obtaining the approval of the bank.
(2) If there is a house or no loan, it shall be deemed as a gift. Both parties need to sign a gift contract, and the gift contract must go through the notarization procedures. The notarization fee is generally 2% of the value of the gift house, in addition to which certain personal income tax, deed tax and other fees are also required.
2. How to deal with the donation of real estate to children?
The donated house needs to submit the house ownership certificate, gift certificate and deed certificate. Only after going through the formal house ownership change registration formalities with the relevant departments, can the donation act have legal effect.
The specific steps are as follows:
(1) The donor and the donee enter into a written contract on the house donation, which is the donation letter.
(2) The donee shall pay the deed tax and receive the deed certificate with 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 to the real estate management department for registration of change and submit the following documents: application form (provided by the window); original real estate property right certificate; ID card, household register, gift certificate and notarial certificate of relevant parties; deed tax receipt.
(6) The donor delivers the house to the donee. Here & prime; delivery & prime; shall be subject to the completion of house property transfer registration.
matters needing attention:
When handling the house donation formalities, the donor and the donee shall sign a written donation contract and go through the transfer formalities with the housing administration department. However, if the donor donates his house to others in order to avoid his legal obligations, if the interested parties claim the rights, the donation shall be invalid.
2、 Property inherited by children
When the owner of the house dies, the legal successor can apply for the registration of the house inheritance.
1. The procedures of property inheritance and transfer are as follows:
(1) To go through the formalities of inheritance and transfer of the real estate certificate, the household registration shall be cancelled at the local police station where the household registration of the decedent is located, and the death certificate shall be handled;
(2) To handle the procedures of inheritance and transfer of real estate certificate, you need to go to the district or City Notary Office to notarize the right of inheritance. There are two types of Real Estate Inheritance: one is testamentary inheritance, the other is 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 for the transfer of the real estate certificate;
(3) Household register or other documents that can prove the kinship between the decedent and the legal heir;
(4) The identity certificate of the heir is required to handle the transfer formalities of the real estate certificate;
(5) Other materials to be submitted for notarization of the right of succession with a will: the will made by the decedent (the will must be notarized, and other forms of will will will will not be adopted temporarily because its authenticity cannot be determined).
3、 Transfer by sale to children
Parents transfer the real estate to their children in the same way as ordinary second-hand houses.
4、 How to transfer real estate to save money for children?
Generally speaking, inheritance is the most economical and fast way among the three transfer methods of sale, gift and inheritance, because inheritance tax has not yet been levied in China, only notarization fee is required for inheritance transfer, and other taxes are exempted. But in practice, because inheritance is the property right transfer after the death of the heritages, there are few people who transfer the ownership.
And the inheritance of real estate must be a will notarized before the death of the heir before it has legal effect. If the property owner does not leave a will before his life, it is defined by law. If there are many heirs, and they want to transfer to one of them, other heirs must declare to give up their inheritance.
Further said, the choice of which way to transfer the ownership depends on the situation of the house. Parents can consult the real estate management department when handling the transfer, and choose a suitable way to transfer the house to their children.