The real estate card is going to be laid off! The registration of the house is lost in the name of the children.
source: a bit of Tongling
Beijing implemented the unified registration system of real estate not long ago, no longer issued property certificate! Recently, many cities have responded to this policy. It is reported that the Chengdu real estate registration bureau has been granted the listing and issued the real estate registration warrant from January. This means that our real estate is about to be laid off. The replacement of the real estate certificate will be officially launched next year.
property certificate is about to be laid off. The real estate certificate is officially on the stage. What is the difference between
real estate certificate and real estate certificate? According to the official micro-blog of the Ministry of land and resources, the new "real estate warrants" and the "real estate certificates" held by residents are different now. The
delta non property certificate
the real estate certificate, besides the original property certificate, such as the right person, the common situation, the location and so on, also increased the content of the laser area, the real estate unit number, the use period and so on. The unit number of the real estate has a unique code, which is the only "identity card number" of the real estate of a certificate recorded in the country, and the real estate information can be locked through the unit number of the real estate.
and the inner page content of the house property certificate only includes the owner of the house, the common situation, the house location, the time of registration, the nature of the house, the planning use, the condition of the house and the condition of the land.
is the present card need to be changed?
no need to be replaced.
the new and old certificates are effective in a period of time, and they can be changed or not exchanged during this period. When the housing property rights need to be changed or sold or sold, the new real estate registration card should be gradually replaced.
the name of the property certificate is no longer important.
house property certificate has your name house is your
according to the relevant regulations, the highest effect of property ownership comes from the real estate registration, the house as real property right, its establishment, change, transfer and elimination, need to be registered in accordance with the law, will be effective force; no registration, no legal effect. . There is a difference between the real estate certificate and the real estate register. In addition to the evidence that there is a mistake in the register, the register of real estate shall prevail. So you don't think it's a name before marriage or after marriage. It doesn't matter if you don't have your name, but you must have your name in the real estate register.
even if the property card does not have your name and your share of
from the point of view of the official document, the Housing Authority's real estate register has a name, and on the other hand, the house bought before marriage, even if it is the name of two people, if the court, there is no evidence to prove that you have made the money and the name is written. It's also white.
, however, the above situation is only considered to buy a house before marriage, if it is to buy a house after the marriage certificate, even if it is only a person's name, but also belonged to the common property of the husband and wife. If the single parent bought the house after the marriage, registered in his own children, it is confirmed that it is only a gift to their children, then the property belongs to the property of one of their own children, not the common property of the husband and wife. So, not to be married, and to sign the name.
don't register the house under the children's name.
nowadays, many parents register property directly under minor children for various reasons when they purchase real estate. In the eyes of parents, "doll house" has many advantages, which can evade taxes and fees, avoid family bankruptcy risks, and prepare premarital property for children in advance.
but there are all kinds of hidden dangers in this way!!! Look down!
one, buy a house can not loan.
if the purchase party agrees that the buyer of the house is a minors, the house can not apply for a bank loan and can only pay the money in one time.
two, children may pay more down payment when they buy their own houses.
if the child and parents do not have a real estate, that is, the parent property certificate does not have a child's name, then when the child buys the first suite after adult, the first payment is 30%, and the first set of preferential mortgage interest rates can be enjoyed. If a child does not have more than 2 apartments with his parents before the purchase restriction policy comes out, he can purchase 1 apartments independently according to his policy.
three, parents can not handle housing at will, it is troublesome to deal with them.
parents are not allowed to sell or mortgage houses under their minor children. It must be beneficial to the interests of minors. If there are serious diseases, they need money for treatment or life and learning needs. A letter of guarantee must be provided for the guardian's signature to ensure that he has the qualification of guardian and the sale of real estate for the benefit of minors. The guarantee must be notarized by the notary office.
in addition, the proceeds from the sale of housing should be used solely for the maintenance of minors. Otherwise, the parents will also be liable for compensation if their parents disagree with their legitimate rights and interests.
four, it is easy for parents to get a dispute when they divorce.
If a couple divorces, the purchase of property under the name of a minor child often leads to legal disputes. If the property is not divided as a common property, the property should be the part of the child bearing the child's obligation to live together with the child, which may lead to a contention for the upbringing.
five, parents want to recover housing difficulties, and can not control children's adult dispose of property without authorization.
If a child fails to fulfill his obligations to support his parents when he is adult, there will be great legal obstacles for his parents to withdraw their houses. In practice, children have been sold out of their homes after adults and do not allow their parents to live. In a divorce case before
, when Mr. Zhang was under age, his parents bought the property in its name, and Mr. Zhang was married to his wife by his parents after his adult family became a family. When his marriage was divorced from the reef, his wife got 50% property rights according to the agreement. Mr. Zhang's parents were deeply attacked and regretted for this. Not at the beginning.
six, if the child has an accident after marriage, the spouse has the right to inherit the premarital property.
if the child is unfortunate to die after marriage, the spouse, child and parent are the first order heirs, and have the right to inherit all the property of the dead, including the premarital property. This means that if a child has a real estate with his parents when he is underage, the children's real estate will also be divided and inherited as a legacy.
how to avoid risks in real estate registration under children's names?
1, can be notarized
agree that children have property with their parents when they are underage, and their rights and interests belong to their parents before their parents are born. This approach allows children to own property at the same time without being separated as a legacy in case of accident.
2, real estate share change
direct to the real estate trading center to do property share change, reduce the share of the children's property, at least 1%. This method is mainly to deal with the property tax. Even if the property tax is needed in the name of the woman, the property tax should be levied, at least the part of the property shared by the parents will be extremely limited.
3, from the property certificate up to
this method is relatively simple and crude, but it can be said that it is the most practical way. The increase or decrease of the property owner is equal to the transaction, which means transferring half the share of the property right to you, paying taxes and fees according to this share.
reduce the children's name on the property certificate. It is deemed to be a business transaction. Removing the name is analogous to share transfer, and the process is similar to the normal housing transaction, only paying the share tax from 1%--3%. Transfer to the local trading center, and all the co owners on the certificate of production will be able to carry out the identification documents.
of course, you can also give a name in the form of donation, but you also have to pay a series of fees such as handling fee / registration fee / deed tax and so on.