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What are the procedures for changing the name of a house with a loan?
Under normal circumstances, a house with a loan cannot be renamed.

The renaming of real estate license is mainly divided into direct addition, gift and sale:

direct addition

1, directly add

2. You can add your spouse's name directly during the marriage.

If the property belongs to both husband and wife during the marriage, even if only one person's name is written on the real estate license, it is considered as the same property of both of them. Therefore, during the marriage, if you need to add the name of the real estate license, you only need to bring the marriage certificate, two house certificates, the original and copy of your ID card to the "change registration" window of the real estate transaction center.

3. duration of non-marriage: during the duration of non-marriage, the real estate license is renamed, and the spouse's name cannot be directly added, only the name can be changed by gift.

agree

1. Gifts include relatives and friends during the unmarried period, that is, children, parents and other relatives and friends can be added to the real estate license.

2. The following are two situations of giving:

3. Have a house and a loan. Under normal circumstances, the house loan cannot be renamed before it is paid off. There are two ways to rename. One is to pay off the loan in advance and then change its name. The second is to 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 consent of the bank.

4. It is a gift to have a house without a loan. Both parties need to sign a gift contract, and the gift contract must be notarized. The notarization fee is generally 1% 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).

Gift program

The donated house must submit the house ownership certificate, the gift certificate and the deed certificate, and this gift behavior will have legal effect only after the relevant departments have gone through the formal registration procedures for the change of house ownership. The specific steps are as follows:

5. The donor and the donee conclude a written contract on house donation, that is, a donation letter.

6. The donee pays the deed tax with the original house ownership certificate and gift certificate and obtains the deed certificate.

7. notarization.

Go through the registration formalities of house ownership transfer.

The donee shall apply to the real estate management department for registration of change and submit the following documents:

(1) Application Form (provided in the window).

(2) Original real estate title certificate.

(3) the identity card and household registration book of the party concerned.

(4) gift certificates and notarial certificates.

(5) deed tax receipt.

8. The donor delivers the house to the donee. The "delivery" here is subject to the completion of the registration of house property rights transfer.

9. When handling the house donation procedures, the donor and the donee shall sign a written donation contract and go through the transfer formalities with the housing management department. However, if the donor gives his house to others in order to escape his legal obligations, if the interested party claims rights, the gift is invalid.

trade

Second-hand housing transfer business tax and surcharges are divided into the following situations:

(1) For foreign sales of non-ordinary houses purchased by individuals for less than 5 years, business tax will be levied in full.

(2) If foreign sales individuals purchase non-ordinary housing for more than 5 years (including 5 years) or ordinary housing for less than 5 years, business tax will be levied on the difference.

(three) foreign sales individuals will buy more than 5 years (including 5 years) of ordinary housing sales, exempt from business tax.

According to whether the house type is residential or not, the taxes and fees for residential and non-residential houses are as follows:

① Transaction costs: residential 5 yuan/㎡, non-residential 1 1 yuan/㎡. The transaction fee for the buyer's first purchase of an ordinary house of 90 square meters or less will be halved. Buying a house for the first time refers to all family members.

② Transaction stamp duty: 0.05% of the total price for residential and non-residential buildings. According to the normal transaction price.

③ Housing registration fee: residential 80 yuan/set, non-residential 550 yuan/piece.

Land revenue: If the use type is allocation, the corresponding land revenue should be collected.

Land revenue: the charging standard is based on the lot grade × land sharing area.

Deed tax: From June, 2008 165438+ 10/day, the deed tax rate for individuals to buy non-ordinary houses (except villas and townhouses) is 3%, and the deed tax rate for individuals to buy ordinary houses is 1 .5%. For individuals who purchase ordinary houses of 90 square meters or less for the first time, the deed tax rate will be temporarily lowered to 1%.

If an individual sells the only family house and buys back the house, the deed tax paid for the original house shall be deducted from the deed tax payable for buying back the house.

Personal income tax is divided into two ways:

① The calculation method of audit collection is: (appraisal price-original value of the property-taxes and fees-reasonable expenses) ×20%.

② The calculation method of the approved levy is: evaluation price × 1%.

Personal income tax shall be exempted for houses that have been transferred for self-use for 2 years and are the only residence of the family.

Land registration fee: 33 yuan/set.

Transaction evaluation fee: evaluation price ×0.3%

Note: the above premise is that the housing loan has been paid off, otherwise you need to go to the bank to pay off the loan first, and then take the real estate license to the administrative service office to handle related business after cancellation.