Current location - Quotes Website - Personality signature - Does the real estate license have to be a couple's name?
Does the real estate license have to be a couple's name?
The law does not stipulate that the real estate license must write the names of both husband and wife. If it is a full purchase, the real estate license can write the names of both parties; If it is purchased by loan, generally only the name of the lender can be written, which does not affect the identification of the house as the joint property of husband and wife. In general, the title certificate only needs one name. The name of husband and wife should be written here, depending on whether it is pre-marital property. If both parties jointly contribute money but do not get a marriage certificate, they can ask for name negotiation at this time. However, if both parties divorce, no matter whose name is on the real estate license, the ownership of the house belongs to both husband and wife.

What are the precautions for handling the real estate license?

1, check the contract when buying a house, and record the relevant time and deadline in detail, so that we can know the approximate time of processing through this time and communicate well with the developer. Because, now many families choose a house in the form of a residential area, which brings the advantage that the documents required for the premise are prepared by the developer, so that as the owner, we will be much more relaxed.

2. Pay attention to the information notified after learning that the relevant documents are fully prepared and successfully filed. This is because the developer has the obligation to inform the owner to sign and collect at the scene, so I suggest you pay attention to the information. Take your ID card and money with you before you get ready to collect it. Signatures should be issued one-to-one according to your ID card, and related fees should also be paid. Preparing in advance can reduce the trouble.

If you have a mortgage, copy the house book in advance, so that it won't be too much trouble to handle other things in the future.

Can I write the names of both husband and wife on the real estate license?

The real estate license can write the names of both husband and wife, and the law does not stipulate that the real estate license must be married to write their names. Both parties may agree through consultation that * * * and * * * jointly own the property or share it by shares. If there is no agreement or the agreement is not clear, it shall be deemed to be owned by shares, except that * * * has family relations.

What are the precautions for buying a house after marriage?

(1) It is best for both husband and wife to be present at the signing ceremony. When two people apply for loans as buyers, the bank should evaluate the repayment ability of both husband and wife, so both of them should be present when handling the transfer formalities, because whether the husband and wife buy a house together, whether they own it equally or in proportion, needs to be reflected in the sales contract, clearly written on the real estate license and signed by both parties.

(2) The documents must be complete-when the couple apply for a loan to buy a house, they need to provide proof of income. If you are not a local hukou, you need to provide a local tax payment certificate or a social security certificate of more than 1 year. If one of them has a higher income, it is not a problem to pass the examination and approval, and the income certificate of the other party is unnecessary because you can still afford the loan.

(3) The principal loan and the secondary loan should be clearly defined.

Under normal circumstances, in a bank loan contract, only one party is regarded as the lender, and the other party can be regarded as the lender regardless of whether the names of both parties are written on the real estate license. When determining the main lender, we should choose the spouse with high and stable income, and pay attention to the age limit, otherwise it will affect the loan term.

(4) The property right of the house, the husband and wife each account for a lot, need to negotiate in advance.

Husband and wife buy a house together and share a lot of property. Need to negotiate (sign an agreement) in advance. In the process of buying a house together, even if the other party's name does not appear on the real estate license, it is regarded as owned by the husband and wife. The agreement must be notarized before it has legal effect.

What should I pay attention to when increasing the real estate license?

There is no deed tax for adding or deleting names between husband and wife. However, it is necessary to bring the original and photocopy of marriage certificate, ID card and real estate license to the real estate trading center in the area where the house is located, and at the same time, the property owner should go to the site to write a written statement agreeing to add the name according to the requirements of the property right change registration office, and sign the statement with his handprint.

Adding or deleting names between parents and children will be regarded as stock trading, and the corresponding share of deed tax and various taxes will be charged.

In order to avoid disputes between husband and wife about adding names, a few parents also take the form of gifts. According to the current regulations, grandparents, parents and other immediate family members donate real estate to their children and grandchildren. After the gift agreement is notarized by the notary office, it is exempt from business tax and personal income tax, and only needs to pay deed tax and notarization fee. The required notarization fee and deed tax are also calculated according to the proportion of children's benefit to the housing evaluation value. However, between non-lineal relatives, even through gifts, they have to pay the corresponding business tax and deed tax, which is equivalent to buying and selling.

If you buy a house before marriage, both husband and wife and even two families should seriously discuss and reach an understanding. Even if you don't notarize the property before marriage, you can communicate and make written agreements (such as share, division ratio and other agreements, etc.) whether before marriage or after marriage. By agreeing on the marital property between husband and wife in advance, future disputes can be effectively avoided.

Legal basis:

Article 33 of the Measures for Housing Registration

To apply for registration of house ownership transfer, the following materials shall be submitted:

(1) Application for registration;

(2) the identity certificate of the applicant;

(three) all of the housing or real estate ownership certificate;

(four) materials to prove the transfer of ownership of the house;

(5) Other necessary materials.

The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership.