It must be handled in the form of sales. When a property with a loan is transferred, you need to ask for the remaining loan before you can handle it. If your house is less than 5 years after purchase, it will be 5 years. 55% business tax, 1% personal income tax. Gifts between immediate family members do not need to pay 20% tax when sold in the future, and the personal income tax is 1%. In this case, it is more appropriate to deal with gifts. If the house is more than 5 years old, it is very cost-effective to directly handle the transfer.
According to the Regulations on the Administration of Urban Real Estate Transfer, the following procedures should be followed: signing a written transfer contract; Within 90 days after the signing of the contract, apply to the housing management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents to declare the transaction price;
The housing management department shall review the relevant documents provided and make a written reply on whether to accept the application within 15 days; The housing management department shall review the declared transaction price and conduct on-the-spot investigation and evaluation of the transferred real estate as required; The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations; The real estate management department issues a transfer order; The parties shall go through the formalities of property right transfer with the transfer form and obtain the certificate of real estate ownership.
First of all, talk about the gift problem. Gifts between immediate family members only need to pay deed tax. Because your husband and his sister, or you and his sister are collateral blood relatives. If the gift is given, the tax will be calculated according to the normal house sale.
Secondly, a mortgaged house cannot be transferred. You can find a third-party guarantee company to refund the mortgage, that is, settle the loan in advance. Then ask a lawyer to do notarization, but this is risky.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 1076 of the Civil Code of People's Republic of China (PRC)
If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.