My name is not on the real estate certificate. As a spouse, I am always a little panicked. I feel that adding my name on the real estate certificate will be more practical! However, adding a name to the real estate certificate is not just a matter of adding a stroke. Seriously speaking, it is to add the only person with the right to the house. So what should you prepare to add your name to the real estate certificate, and how to do it?
First of all, you need to recognize a few names:
First, the house purchase contract: you can write the names of several people, but pay attention to who the buyer is written on the house purchase contract. Whoever the real estate deed is registered to.
Second, the mortgage loan contract: only one person’s name can be written, because mortgage house purchases can only be processed according to the principle of whoever borrows the loan signs. Ensure that the signatures on the house purchase contract, loan contract and real estate certificate are consistent. The reason is to avoid bank loan risks.
Third, the real estate certificate (that is, the real estate certificate): The real estate certificate requirement in life is one person, one certificate, held by the first owner, and the column for the share of the house is filled in with ***. ***There are columns with several names and how many certificates will be issued.
Fourth, the real estate rights certificate is held by other owners of the real estate. Also in the column of the share of the house, it is said that ***has. This certificate is in Legally, it marks the joint ownership of the property, and both parties agree on their respective capital contributions or shares.
Secondly, does adding a name on the real estate certificate mean that the house is owned?
"Adding a name" is not just as simple as adding a property owner's name to the real estate certificate. Legally speaking, "adding a name" essentially means adding the most entitled person to the house. According to current laws and regulations, in order to increase the number of authorized persons in a house, there are three ways to register: donation, purchase and sale, or property division registration.
So, how do you go about adding your spouse’s name to the property certificate? It has to be subdivided into two situations:
The first situation: no loan real estate certificate plus spouse’s name.
1. Bring three certificates (marriage certificate, ID card, real estate certificate) and their copies;
2. Go to the housing transaction center to fill out a document stating that both parties own the property. For real estate, if you request to add ***, the window staff will review the submitted materials;
3. The cost of adding a name to the real estate certificate basically only requires a small cost. The fees generally include illustration fees, registration fees, etc.
The second situation: There is a loan and real estate certificate plus the name of the spouse.
1. First go to the bank to go through the mortgage procedures (the approval of the lending bank is required).
2. The fees required for processing: In addition to the small cost of production mentioned in the first case, if it is a provident fund loan, an additional fee of 100 yuan is required; if it is a combination loan (provident fund loan + commercial loan), an additional fee of 200 yuan is required.
3. The other steps are the same as the previous process without a loan.
Again, do couples still have to pay deed tax when adding their names to the real estate certificate?
During the marriage, the ownership of the house and land originally owned by one spouse is changed to owned by both spouses or the other party; or the ownership of the house and land originally belongs to both spouses** * Yes, if it is changed to owned by one of the parties; or if the house or land ownership was originally owned by both husband and wife, and both parties agree and change ***'s share, the deed tax will be exempted.
Finally, when adding your name to the real estate certificate, please note:
When signing a mortgage loan contract, banks will generally state that they cannot change the borrower at will. When the contract is signed, there is only one mortgagor, and the bank will only conduct an investigation on this person's credit report. If there are two property owners, the bank will have to re-investigate the other person. If this person's credit report is stained, it will also affect the loan contract. The mortgage contract involves issues such as loan interest rates. Currently, the interest rates for the first and second homes are different. Originally, the bank only investigated one person's home purchase situation. Now one person has been added. If this person already has multiple properties, then the mortgage interest rate will be higher. Recalculate. Therefore, adding your name to the real estate certificate must be approved by the bank. Generally, banks stipulate that you cannot add your name until the mortgage loan has been repaid.
In short, adding a name after marriage is a registration correction. Citizens should bring the identity certificates of both spouses, marriage certificates, house ownership certificates, house registration applications and other application materials to the police with jurisdiction. After being interviewed by the house registration department, you can go through the relevant house ownership change procedures. At the same time, you are exempt from deed tax, personal tax and value-added tax, and only charge house registration fees and stamp taxes.