2. Whether the materials submitted by the housing management department are true, lawful and compliant;
3. The real estate management department shall change the property rights of qualified property owners in the real estate register.
There are several situations in which the name of the real estate license is reduced, mainly including: the sale of houses. Production analysis registration. What is the procedure for subtracting the name from the real estate license? In the first case, it is convenient to add and subtract names between husband and wife, and there is no loan for the house. You don't need to pay any taxes, just the fees in 80 yuan. The steps are as follows:
Bring the originals and photocopies of the five certificates (marriage certificate, ID card, land certificate, real estate license and deed certificate). Go to the real estate trading center in the area where the house is located, and inform you in the pre-inspection window that you are here to apply for the increase (decrease) of the spouse's name of the real estate license. The staff will review the submitted materials, give you a serial number if the materials are complete, and then take the serial number to the relevant window. The house has a loan, so you can't add or subtract names. The loan cannot be processed until it is paid off. In the second case, the names of other relationships (including immediate family members) are generally downgraded by "buying and selling" and "giving". The process of subtracting the name from the real estate license between ordinary people;
1 Sign the sales contract.
2 Submit materials. The Buyer and the Seller shall bring relevant materials to the Housing Authority for property right transfer registration.
3 pay taxes. After receiving the application materials, the Housing Authority shall pay various taxes and fees to the relevant tax authorities within the specified time. Both the buyer and the seller bring their original ID cards and pay taxes separately.
4. Transfer after tax payment. After the buyer and the seller pay taxes separately, both parties go to the Housing Authority with their ID cards and their tax-paid invoices to review and confirm the tax payment, complete the transfer and receive the transfer receipt.
5 license. Buy a house according to the time specified in the transfer receipt, and bring your ID card and transfer receipt to the Housing Authority to get a new real estate license.
How much is the name of the real estate license reduced? If it is only between husband and wife, you only need to pay a handling fee of tens of yuan. If it is the rest of the relationship, it is regarded as a sale or gift. Need to pay deed tax \ business tax \ stamp duty and so on. The name reduction is similar to the share transfer, and the process is similar to the normal house transaction. There are four situations:
Buy an ordinary house below 90 square meters:1%; Buy an ordinary house of more than 90 square meters:1.5%; Non-purchase of ordinary housing: 3%; Purchase of non-ordinary housing: 3%. Take a 60-square-meter, 1.8 million yuan ordinary residence as an example. There are three names: parents and children, and now the name of the child has been removed. According to different situations, the deed tax to be paid is at least 6,000 yuan and at most 1.8 million yuan. Gifts between immediate family members only need to pay deed tax and notary fee. Between non-lineal relatives, even through gifts, they have to pay the corresponding business tax and deed tax, which is equivalent to buying and selling.
Bring the original and photocopy of marriage certificate, ID card, land certificate, real estate license and deed certificate to the real estate trading center to handle related affairs. According to Article 2 16 of the Civil Code, the real estate register is the ownership and content of real estate. According to Article 2 17, the real estate register is managed by the registration agency. The certificate of real estate ownership is the proof that the obligee enjoys the real estate property right, and the items recorded in the certificate of real estate ownership shall be consistent with the real estate register. If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.
Legal basis:
Article 21 of the Provisional Regulations on the Registration of Real Estate
Registration is completed when the registered items are recorded in the real estate register. Upon completion of registration, the real estate registration agency shall issue the certificate of ownership of real estate or registration certificate to the applicant according to law.
Article 61 of the Urban Real Estate Management Law
When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level. If it is otherwise provided by law, it shall be handled in accordance with the provisions of relevant laws.
the land administration law of the people's republic of china
Article 47 The mortgage of real estate refers to the act that the mortgagor provides the mortgagee with debt performance guarantee with his legal real estate without transferring possession. When the debtor fails to perform his debts, the mortgagee has the right to be paid in priority with the proceeds from auction of mortgaged real estate according to law.
Forty-eighth legally acquired housing ownership and land use rights within the scope of occupation can be mortgaged.
The land use right obtained by means of transfer can be mortgaged.