What is the difference between adding a name before marriage and adding a name after marriage?
Adding a name before marriage: the house was bought by one party before marriage, and both parties did not go through the marriage formalities. If you want to add the name of the other half, you need to transfer or donate the second-hand house. In this case, you need to pay taxes such as deed tax, personal income tax and value-added tax.
Adding a name after marriage: There is only one name on the real estate license after marriage. If you want to add the name of the other party, you only need both parties to hold marriage certificates, identity cards and real estate licenses, and fill out an application for joint ownership of real estate in the service hall of the Housing Authority. Fees include drawing fees, registration fees, etc.
Reminder: Whether the property is purchased before marriage or after marriage, if it is still under mortgage, the process of adding a name is more complicated.
Is it effective to add the name of the man's premarital property?
It is effective to add the woman's name to the property before marriage, but it needs to go through the procedure of real estate transaction, that is, transfer or gift through second-hand housing. In this case, taxes such as deed tax, personal income tax and business tax should be paid. To handle the formalities of adding the name of the real estate license, it is necessary to provide the real estate license, the guiding price of the housing market or the evaluation report and the invoice of the evaluation fee, the ID cards of the buyer and the seller, the purchase invoice and the deed tax certificate. The time to sign a house purchase contract online is based on the time on the house book, receipt and public housing sale agreement, and the household registration book and marriage certificate are also needed. In addition, in order to prove that it is the only residence of the purchaser, it is also necessary for the housing management department to issue a certificate of no room.
Is it common property to increase the real estate license after marriage? Yes
House name adding program
1 direct addition
If the property is not mortgaged, you can apply to the city housing transaction center. The real estate license of both husband and wife is renamed, and the spouse's name can be added directly during the marriage. If the property belongs to the joint property of husband and wife during the marriage, even if only one person's name is written on the real estate license, it can be regarded as the joint property of the two. Therefore, during the marriage, if you need to go through the formalities of adding the name of the real estate license, you only need to bring the marriage certificate, two house certificates, the original and photocopy of your ID card to the "change registration" window of the real estate trading center.
2. Real estate gifts
The scope of gift includes unmarried period and between relatives and friends. In other words, adding children, parents and other relatives or friends to the real estate license can be done by gift. There are houses and loans. Generally speaking, the house loan cannot be renamed before it is paid off. There are two ways to rename it. One is to pay off the loan in advance and then change its name. Second, apply to the bank to change the borrower and mortgagor in the loan contract, and then go to the Housing Authority to go through the relevant renaming procedures after obtaining the approval of the bank. A house without a loan is regarded as a gift. Both parties need to sign a gift contract and the gift contract must be notarized. The notarization fee is generally 65,438+0% of the value of the donated house, in addition to certain personal income tax, deed tax and other expenses (the donated house between immediate family members is exempt from business tax).
The process and cost of adding names before marriage
Process:
Pre-marital real estate license needs to provide the real estate license, the market guidance price or evaluation report of the house and the invoice of the evaluation fee, the ID card of the buyer and the seller, the purchase invoice, the deed tax certificate and the online signing of the purchase contract. In addition to the household registration book and marriage certificate, the time for housing reform is subject to the time specified in the house registration book, receipt and public housing sales agreement. In addition, in order to prove that it is the only residence of the purchaser, it is also necessary for the housing management department to issue a certificate of no room.
Cost:
3 yuan transaction fee per square meter
Calculate the housing life from the date of issuance of the real estate license to the trading day, and pay the relevant taxes and fees for second-hand housing transactions according to the ordinary housing standards of each city.
Value-added tax: if it is less than 2 years, it will be levied and paid in full at the rate of 5%; Ordinary housing for more than 2 years (including 2 years) is exempt from value-added tax.
Deed tax: the only family house with an area of 90 square meters or less is subject to deed tax at the rate of 1%; If the area exceeds 90 square meters, the deed tax collection rate is 1.5%, and the deed tax collection rate of the second family house is 3%.
Personal income tax: tax is levied at 20% of the difference in the purchase price. If it is the only house for family use and has been used for 5 years, it will be exempted from personal income tax.
Stamp duty of five ten thousandths.
This contract is made in 5 yuan (different trading centers in different places).
For example, if the man transfers 50%, all taxes will be calculated according to the market price. If the tax-included value of the 654.38+00,000 house is 500,000.
If several people transfer the real estate license, the rights and interests of the real estate license shall be divided equally.
The process and cost of adding names after marriage
Case 1: housing without loan.
Bring the originals and copies of the three certificates (marriage certificate, ID card and real estate license).
When you go to the real estate trading center in the area where the house is located, I will first inform you in the pre-inspection window that you are applying to add your spouse's name to the real estate license here. The window staff will review the submitted materials, give you a number if the materials are complete, and then take the number to the relevant window.
Fee for adding the name of the real estate license: 1 10 yuan handling fee. The details are as follows: the cost of production is 80 yuan, the cost of cadastral map is 25 yuan, and the cost of sticker is 5 yuan. If you succeed for 20 days, you can get a new real estate license.
You can set a password for the new real estate license, and the real estate trading center will tell you an initial password, which you can change afterwards.
The second situation: there is a house and a loan.
Go to the bank to go through the formalities of mortgage change first.
Fees for adding the name of the real estate license: In addition to the above-mentioned handling fee 1 10 yuan, there are fees ranging from 100-200 yuan.
Other steps are the same as "having a house without a loan"
What is the difference between the cost of adding a name before marriage and after marriage?
Take a 75-square-meter house as an example. At present, the total price is 2 million, while the original price is 1.02 million.
Calculation of pre-marital registration fee
Taxes related to second-hand housing transactions: VAT is {tax-included sales ÷( 1+ collection rate) }× collection rate = {200 ÷ (1+5%) }× 5% = 95,200 yuan; The individual tax payment is (200-102) × 20% =196,000 yuan; The deed tax payment is 200×1%= 20,000 yuan, totaling about 3 1 10,000 yuan.
In addition, the transaction cost is about 225 yuan, the stamp duty is about 1000 yuan, and the contract cost is about 20 yuan.
Total: If the man transfers 50% of the property rights, the total cost of premarital registration is about 654.38+0.55 million.
Calculation of the cost of adding names after marriage
Situation 1 A couple with a house and no loan only needs 1 10 yuan to change their names.
Case 2 has a house and a loan, and the provident fund loan is 2 10 yuan; Portfolio Loan 3 10 yuan
Pre-marital real estate, how to allocate real estate when divorce is added?
1. At present, the property division of divorce cases has the name of the other party on the real estate license but not the name of the other party. What's the difference in the verdict? If you have a name, can you get half of the property?
A: There are differences.
If the name of the other party is in the property registration, the other party has a share of property rights. But when there is a name division, it is not necessarily half. Regarding division, there is an agreement from the agreement, but there is no agreement. It is also necessary to comprehensively consider the contributions of all parties to real estate.
If you bought a house before marriage and didn't repay the loan together, then when you divorce, if there is only one person's name on the real estate license, then the property belongs to the personal property before marriage and belongs to the property owner. If the name of the other party is added to the real estate license, then the property belongs to the common property of both parties and is divided by agreement. If the agreement fails, the people's court shall decide to divide it according to law.
If you buy a house before marriage, but there is a joint loan repayment, but there is only one party's name on the real estate license, according to the relevant provisions of the new judicial interpretation of the Marriage Law, the money paid by both parties for the joint loan repayment after marriage and the corresponding property appreciation part should be compensated to the other party by the party registering property rights according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law. If the name of the other party is added to the real estate license, then the property belongs to the common property of both parties and is divided by agreement. If the agreement fails, the people's court shall decide to divide it according to law.
If the loan has not been paid off, it is necessary to distinguish whether the property itself belongs to pre-marital personal property or joint property of husband and wife. If it belongs to the joint property of husband and wife, the outstanding part will be treated as the joint debt of husband and wife. If one party buys a loan before marriage and repays it during marriage, the outstanding loan will continue to be repaid as the personal debt of the property owner, and the repaid part and its appreciation part will be divided as the joint property of husband and wife.
2. Assuming that there is only one spouse's name on the property certificate before marriage, is the legal effect of adding the other spouse's name before marriage the same as after marriage? Will it affect the divorce judgment?
Answer: The name added on the title certificate is essentially a gift from one party to the other. Therefore, there is no difference in the legal effect before marriage or after marriage.
3. What happens if the property and loan are not paid off at the time of divorce? How to judge separately?
A: If the loan is not paid off, it is necessary to distinguish whether the property itself belongs to personal property before marriage or joint property of husband and wife. If it belongs to the joint property of husband and wife, the outstanding part will be treated as the joint debt of husband and wife. If one party buys a loan before marriage and repays it during marriage, the outstanding loan will continue to be repaid as the personal debt of the property owner, and the repaid part and its appreciation part will be divided as the joint property of husband and wife.
4. Which is more effective, the notarization of premarital property, the real estate license or the name, or is it more preferred? Is it necessary to do both?
Answer: Either way, the property right of the house is subject to the final property right registration. Therefore, when the property is notarized before marriage or the real estate license is added, it is best for all parties to sign an agreement to clarify the share and division of property rights and avoid contradictions.
Web page link