Now many novices who buy a house don't know much about the steps of buying a house. Many people ask whether they need both husband and wife to go through the procedures of buying a house? What are the general procedures of handling process? Let's have a look.
Do you need both husband and wife to go through the procedure of buying a house? unwanted.
It's ok if one party is present, because whether the house property certificate is the name of both husband and wife, the house property right is the common property of husband and wife. House property right: house property right refers to the rights enjoyed by the owner of the house in accordance with the national laws, that is, the sum of all the rights and interests of the house, that is, the right of the owner of the house to possess, use, benefit and dispose of the house property.
The term of house ownership is permanent, while the term of land use right is 40, 50 or 70 years according to relevant laws and regulations. The renewal will be automatically renewed upon expiration. The renewal fee will be increased by 1% - 10% at that time (i.e. the land use right transfer fee), and the supplementary fee will not exceed 5 digits at most.
As long as the house is bought after marriage, even if the real estate certificate only says the name of the husband and wife, it is also the property shared by the husband and wife after marriage. When transferring ownership, you only need the property owner on the house property certificate to be present.
It is suggested that both parties be present at the same time. In the process of buying a house, many signing processes are involved, such as signing a sales contract, applying for a house loan and transferring ownership, which requires both husband and wife to be present at the same time. In particular, when applying for housing loans, sometimes they will apply jointly in the name of husband and wife, so the bank needs to examine the qualifications of the two people at the same time, and must sign at the same time when handling the relevant procedures.
Extended information:
The house property certificate is a certificate that the buyer obtains the legal ownership of the house through transaction, and can exercise the right of possession, use, income and disposal of the house according to law. The house ownership certificate is the legal certificate for the state to protect the house ownership in accordance with the law.
The owner of the house manages and uses his own house. House property certificate includes house ownership certificate and house co ownership certificate. In general, house property certificate is the abbreviation of house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of house.
According to the current housing ownership registration system in China, housing registration is the legal publicity method of urban housing ownership.
General procedures of handling process:
1. Within one month after the real estate transaction, the buyer and the Seller shall go to the real estate exchange for transaction transfer registration with the house sales contract and other certificates. To register, you need to bring ID card, household register, commercial housing sales contract and other documents and information.
2. After receiving the notice from the exchange to handle the transfer procedures, the buyer and the Seller shall carry the ID card, household register, seal, etc., and can handle the transfer procedures after paying the handling fee, deed tax and stamp duty. The exchange will issue the real estate deed of sale to the buyer. In principle, the real estate certificate shall be handled jointly by the buyer and the seller. If both the buyer and the seller or one of them is unable to go through the procedures of transfer of ownership and registration of property rights for some reason, they may issue a power of attorney to entrust an agent to handle the procedures on their behalf.
3. After the transaction transfer procedures are completed, the buyer shall register with the housing and Land Administration Bureau of the city or district (county) where the house is located within three months with the real estate sales contract issued by the real estate exchange.
The documents and materials required for the application include: the ownership certificate of the whole building owned by the seller, the purchase and sale contract of commercial housing, the copy of the stub of commercial housing sales invoice, the copy of ID card, the registration form of house ownership transfer, the wall boundary table and the area calculation table.
4. After the examination and verification by the real estate management department, the buyer can get the real estate certificate.
Specific implementation:
Materials for the buyer to get married:
1. Original and copies of ID cards of both parties.
2. Original and copy of marriage certificate.
3. The original account book, if the two accounts are not together, you need to bring your account book.
3. If either of the two parties is unable to attend the meeting, the couple who is present can take the information required by the absent party.
Information required:
1. The original of the house purchase and sale contract and the original of the supplementary contract.
2. The original unified invoice for commercial housing sales.
3. The field surveying and mapping questionnaire and the original floor plan of the house. (if the house surveying and mapping report is in the old format, it is necessary to issue the completion acceptance form and fill in the real estate registration application. The new format only needs to provide the field surveying and mapping questionnaire of the house and the original hierarchical household plan.)
4. Tax payment certificate (deed tax payment certificate)