Netizen: My family has a homestead and a house, which is my father's name (my father is still alive). Now you want to transfer it to my name, can you? If yes, what are the procedures and processes?

First, should the owner's name be written on the certificate of homestead ownership?

In the process of confirming the homestead, many farmers' friends are struggling with one thing, that is, whose name should be written when confirming the homestead? Many people will even argue about who is the name on the title certificate. The reason for this is that everyone mistakenly thinks that the land belongs to whoever has the household name on the property certificate. In fact, under normal circumstances, it is confirmed that the name of the head of household is written on the registration certificate. However, in rural areas, both the contracted land and the homestead are households, that is to say, the right to use the homestead belongs to the whole family, and it doesn't matter whose name is written on the certificate. All members of the family enjoy the same right to use.

Of course, it is also possible to write the names of other family members in the house on the confirmation registration certificate. If the whole family fully discusses and decides, everyone agrees to write your name on the ownership certificate, and it is ok to change it to your name. Apply directly to the local land registration authority for change registration.

Second, can the homestead be renamed after confirmation? How to rename the homestead?

Article 26 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate (Order No.63 of the Ministry of Land and Resources) stipulates that in any of the following circumstances, the owner of real estate may apply to the real estate registration agency for change of registration:

(a) the name of the obligee, the type of identity documents or the number of identity documents have changed;

(two) the location, boundary, use and area of real estate have changed;

(three) the term and source of real estate rights have changed;

(4) The same obligee divides or merges the real estate;

(five) the scope of mortgage guarantee, the amount of principal creditor's rights, the time limit for debt performance and the order of mortgage rights have changed;

(6) The range of creditor's rights secured by the maximum mortgage, the maximum amount of creditor's rights and the time limit for determining creditor's rights have changed;

(seven) the purpose and method of using the easement have changed;

(8) The nature of * * * has changed;

(nine) other changes that do not involve the transfer of real estate rights as stipulated by laws and administrative regulations.

Article 46 stipulates that the following materials shall be submitted according to different situations when applying for the change registration, transfer registration or cancellation registration of the right to use collective construction land and the ownership of buildings and structures:

(1) Certificate of ownership of immovable property;

(two) materials for the change, transfer and elimination of the right to use collective construction land and the ownership of buildings and structures;

(3) Other necessary materials.

If the right to use collective construction land and the ownership of buildings and structures are transferred due to enterprise merger, bankruptcy and other reasons, the applicant shall apply for real estate transfer registration with relevant agreements and approval documents of relevant departments.

As can be seen from the above, if the homestead is to be renamed after confirmation, the real estate right holder will apply to the real estate registration agency for registration of change.

Special reminder: although the names written on the registration certificate are the same, you must confirm the homestead. After the homestead is confirmed, in the legal sense, you have the legal right to use the homestead, and no unit or individual has the right to dispute. If the homestead is not confirmed, it will be difficult for farmers to get legal protection for a series of transactions related to the homestead, and it will also be easy for people to take advantage of the loopholes and produce homestead disputes. According to China's policy, the country will basically complete the work of confirming the right of homestead in 2020. At present, some areas have completed the confirmation of homestead rights, and some areas have not yet confirmed rights. We should always pay attention to the progress of the local homestead confirmation work, and don't miss the homestead confirmation.