1. The house property () purchased by Party A for Party B before marriage and the real estate license handled in the name of Party B shall be regarded as the property of Party A, and Party A shall pay the down payment of RMB () and all the mortgage funds required for the house purchase.
2. If the property is sold, it must be approved by Party A, and all the proceeds from the sale shall be owned by Party A. ..
3. Party A will continue to enjoy all rights and interests of house demolition and resettlement and repayment after house demolition. The acquired resettlement houses and funds shall be disposed of by Party A. ..
4. Party B shall not add the owner (including the house property after demolition and resettlement) to the house property certificate in any name; If someone else's name is added to the real estate license in the future, Party A's written consent is required. Without Party A's signature consent, it will not be regarded as the owner of the house, and Party A will continue to own all the rights and interests of the house.
5. Party A has full ownership of the possession, use, income and disposal of the above-mentioned property, while Party B does not have the right of income and disposal, and shall not interfere with Party A's exercise of the above-mentioned rights.
6. In case of any dispute during the performance of this Agreement, it shall be settled through negotiation, and negotiation fails. Bring a lawsuit to court.
7. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
8. This agreement shall come into effect immediately after being signed and sealed by both parties.
Do parents need to notarize the property given to their children?
Donation notarization refers to the legal procedure that the notary organ notarizes the donated property according to the application of the parties. If the gift contract needs to be notarized, the donor and the donee shall apply to the notary office at the domicile or habitual residence of one party or the place where the gift contract is signed; Notarization of gifts and recipients, the donor and recipient shall apply to the notary office at their domicile or habitual residence or where the donor and recipient sign; If the donated property is real estate, you can also apply to the notary office where the real estate is located. After the house is notarized, it can fight against a third party. House notarization or inheritance notarization is against a third party, because the legal effect after notarization is the highest. For the inheritance and gift of real estate, the parties concerned shall first handle the notarization of inheritance and gift, and then go through the registration formalities for the transfer of real estate ownership at the real estate management department with the notarial certificate and relevant deeds; Notarization of donated property.
What are the procedures for giving a house to a child?
Sign the confirmation letter. Go to the Housing Authority with your parents to sign the confirmation letter, and bring all relevant information, such as the property ownership certificate or the purchase contract; The free gift agreement between the real estate donor and the donee shows that the free gift is the true intention of the donor and the acceptance of the gift is the true intention of the donee.
Evaluation. Under normal circumstances, parents will charge appraisal fees for their children's houses. The cost is 5‰ of real estate assessment price. Because it is a gift business, the evaluation price is usually lower than the market price.
Notarization. Under normal circumstances, the cost of notarization is 2% of the appraisal price. However, the specific charges depend on local regulations. According to the relevant regulations of the state and some cities, immediate family members do not need to go through the formalities of house donation and notarization.
Pay. Taxes and fees: It is very complicated to handle the gift registration procedures in the Housing Authority. After arriving at the Housing Authority, re-evaluate the property, including: the deed tax is 3% of the housing authority's evaluation price; The registration fee for the transfer of real estate rights is 80 yuan per piece (10 yuan will be charged for each additional donee).
Legal basis:
People's Republic of China (PRC) Civil Code
Article 133 A natural person may make a will and dispose of his personal property in accordance with the provisions of this Law, and may designate an executor.
A natural person may make a will to designate personal property to be inherited by one or more legal heirs.
A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir.
A natural person may establish a testamentary trust according to law.
Article 134 A self-made will shall be signed by the testator and marked with the year, month and day.
Article 135 A will written by an agent shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, agent and other witnesses, and shall be signed by the testator, agent and other witnesses, indicating the year, month and day.
Article 136 A printed will shall be witnessed by two or more witnesses. The testator and the witness shall sign on each page of the will and indicate the year, month and day.
Article 137 If a will is made in the form of audio and video recording, two or more witnesses shall be present to witness it. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.
Article 138 A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.
Article 139 A notarized will shall be handled by the testator through a notarization institution.
Article 140 The following persons cannot be witnesses to a will:
(1) Persons without civil capacity, persons with limited civil capacity and other persons without witness capacity;
(2) Heirs and legatees;
(3) People who have an interest in the heirs and legatees.
Article 141 A will shall reserve a necessary share of the inheritance for heirs who lack the ability to work and have no source of income.
Article 142 A testator may withdraw or change his will.
After making a will, if the testator carries out a civil legal act that is contrary to the contents of the will, it shall be regarded as withdrawing the relevant contents of the will.
There are several wills. In case of conflict, the last will shall prevail.
Article 143 A will made by a person without or with limited capacity for civil conduct is invalid.
A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid.
Forged wills are invalid.
If the will is tampered with, the tampered contents are invalid.
Article 144 Where there are obligations attached to the inheritance or bequest of a will, the successor or legatee shall perform the obligations. If the person subjected to execution fails to perform his obligations without justifiable reasons, the people's court may, at the request of interested parties or relevant organizations, revoke his right to inherit part of the estate.