There are several different ways to change the name on the real estate license, which will involve various issues such as property rights, creditor's rights, taxes and fees. Moreover, changing the name of the real estate license has different explanations for whether there are outstanding loans before and after marriage, and the handling fees in different situations are also different. Now, let's classify and understand the process of adding and subtracting the real estate license in detail with Xiaobian.

First of all, clarify several names

First, you can write the names of several people in the house purchase contract

, but pay attention to who is the buyer filled in the house purchase contract, and the real estate license will be registered to whom.

mortgage loan contract: only one person's name can be written, because mortgage purchase can only be handled according to the principle that whoever borrows money signs it, so as to ensure uniform signatures on the purchase contract, loan contract and real estate license. The reason is to avoid the loan risk of banks.

Second, the property right certificate (that is, the property right certificate)

There is only one person's name on it, and the requirement is that one person has one certificate, which is held by the first owner, and the column of * * * is filled in.

III. Real estate ownership * * * has a (use) certificate

Other real estate owners hold it, and the column of * * * has also been filled in. This certificate legally indicates the ownership of the real estate, and both parties agree on their respective capital contribution or share.

what are the ways to rename the real estate license?

adding someone else's name to the real estate license means adding the owner of the house. There are three ways: property analysis registration, sale or gift.

First, many people are not very clear about the property analysis registration. Generally, it refers to the property originally owned by one person, and then it is divided into two or more people on average, so it needs to be registered. More suitable for husband and wife to increase the number of owners of houses.

Second, the name reduction of the real estate license

is similar to the share transfer, and the process is similar to the normal house sale, and the deed tax of the share needs to be paid.

(1) The subtraction of names between parents and children is also regarded as a business transaction, and deed tax is charged. Moreover, if the real estate license processing time is less than 2 years, you still need to pay the full business tax;

(2) There is no deed tax for adding or deleting a name between husband and wife.

what are the names of real estate licenses?

1. Adding names for husband and wife is different before and after marriage.

Adding names before marriage

It is handled according to the application of both parties in the form of gift and sale.

(1) as a gift, both husband and wife need to go to the notary office to handle the gift certificate, and one husband and wife will give the other half of the property right, and then both parties will go to the center with the real estate license, ID card and notarial certificate to handle the registration formalities;

(2) For sales, both parties need to sign a sales contract, and then bring the real estate license, ID card and real estate tax payment certificate to the center to apply for it.

adding a name after marriage

This kind of situation belongs to correction registration. The citizens only need to provide the identity certificates of husband and wife, Marriage Certificate, House Ownership Certificate, House Registration Application and other application materials, and then they can go through the relevant house ownership change procedures after face-to-face signing with the competent house registration department. Deed tax, individual tax and business tax are exempted, and only housing registration fee and stamp duty are charged.

Therefore, it is relatively simple to add a name after marriage!

Note:

If the names of the two people were not written before signing the house purchase contract, the names cannot be added when handling the two certificates later, and it can only be done after handling the two certificates and paying off the loan. The name of the house purchase contract is the same as that of the real estate license.

second, parents and children should add their names and choose the most suitable gift

If the property between parents and children needs to go through the formalities of change, you can consider buying and selling second-hand houses or giving them away. Recently, due to the downward adjustment of notary fees, the cost of gifts has been reduced to some extent.

gift process: you need to go to the notary office to notarize the gift of real estate, and then bring the relevant two housing certificates, ID cards, household registration books and marital status certificates directly to the Housing Authority. Gifts between immediate family members are not limited to purchase, and there is no need to do house purchase qualification examination.

Gift procedures:

(1) The donor and the donee conclude a written contract for housing gift, that is, a gift book.

(1) The donee shall pay the relevant deed tax according to the provisions on the basis of the original house ownership certificate and the gift contract; Handle notarization. The donee shall submit the application, identity certificate, original real estate title certificate, gift certificate, notarial certificate and deed tax receipt when applying for change registration in the real estate management institution. The donor delivers the house to the donee.

Third, brothers and sisters add names, and most of them consider buying and selling

Although the method of gift transfer can also be considered for adding names to real estate between non-immediate family members, the method of buying and selling is more suitable because of the high taxes and fees and the consideration of the qualification of buying houses before the purchase restriction is lifted.

the transaction process: it is relatively simple. After the two parties or three parties (intermediaries) negotiate clearly, they sign the house purchase contract, then sign it online for filing, go to the Housing Authority for the qualification examination of house purchase, and after it is passed, print the house purchase contract and go through the transfer formalities; You need to bring the identity certificates of both parties, proof of marital status, two housing certificates and other materials.

IV. Adding the name of the real estate in the mortgage

Note:

The above premise is that the house loan has been paid off, otherwise you need to go to the bank to pay off the loan first, and then go to the administrative service center with the real estate license after cancellation.

The law popularizes that the house purchased before marriage belongs to personal property, and after marriage, the name is changed into the property of husband and wife, and the ownership of the house is changed. Due to the existence of mortgage loan, the borrower will be changed from one to two. Article 191 of the Property Law stipulates that during the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee.

what are banks worried about?

(1) When signing a mortgage loan contract, the general bank will declare that the borrower cannot be changed at will;

(2) When signing the contract, the mortgagor is one person, and the bank only investigates the credit information of this person. If there are two property owners, the bank will have to re-investigate the other person, and if this person's credit information is tainted, it will also affect the loan contract;

(3) The mortgage contract involves the loan interest rate and other issues. At present, the interest rates of one suite and two suites are different. Originally, the bank only investigated the purchase situation of one person, but now it has added another person. If this person already has multiple properties, the mortgage interest rate will have to be recalculated.

Therefore, adding a name to the real estate license must be approved by the bank. Generally, the bank stipulates that the name cannot be added until the mortgage is repaid.

(The above answer was published on April 1, 217, and the current relevant house purchase policy should be based on the actual situation)

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