When the divorced house is transferred, the ownership of the house changes. Divorced property transfer is a process in which the original owner transfers the ownership of the house to another party through divorce analysis. Taking Journey as an example, the transfer of divorced real estate is divided into two situations:
1. If the divorce of husband and wife involves the transfer of housing, both parties shall generally apply for registration together;
2. Handle divorce analysis and registration according to regulations. As the name implies, divorce analysis is a registration procedure in which both husband and wife transfer their housing shares to each other after divorce. Property analysis registration is very common in housing registration, mainly used for divorce property analysis.
Transfer procedures of divorced houses
1. Pay off the loan and transfer the divorced property:
(1) transfer information
(1) According to the provisions on real estate ownership after the divorce agreement (notarization) or arbitration (judgment) comes into effect;
2 "Divorce Certificate";
3 ID cards of both parties;
(4) Relevant certificates of ownership or mortgage of the original house, that is, relevant procedures for settlement of the original loan.
(2) Transfer process
Both parties go to the local real estate management department to handle the property right transfer procedures: the notary office handles the property analysis notarization (divorce judgment is unnecessary) → the transaction core handles the transfer → the Housing Authority handles the deed tax exemption application → handles the property analysis registration procedures and pays the registration fee → obtains evidence.
2, the loan is not paid off, the divorce property transfer:
(1) Transfer information: same as above.
(2) Transfer step:
① Go through the formalities of ownership change in the housing management department: the method is the same as above.
(2) the right to apply for a loan at the bank (the debtor) changes procedures.
Divorced house transfer fee:
1, tax type: deed tax (housing area < 90 _, the proportion is1%; 90_≤ housing area < 140 _, with a ratio of1.5%; The building area is ≥ 140_ 3%), and the sticker cost is 5 yuan/set.
2. Fees: 80 yuan for registration, 2% for production and 20 yuan for handling fee.
Deed tax explanation: According to the "Reply on whether to levy deed tax on the change of housing ownership after divorce", if a divorced couple wants to divide their property, the act of * * * owning property rights belongs to the change of property rights, not the transfer of property rights taxed by the current deed tax policy. Therefore, after the divorce, the original property owner does not pay the deed tax and other related transaction taxes.
But if the house is not jointly owned by husband and wife, the ownership belongs to one person. If this person wants to transfer the house to the other party, he needs to pay the deed tax.
After the divorce property is divided, both parties should transfer the property as soon as possible to avoid more troubles over time.
2. When a husband and wife divorce, can a house with a loan be transferred to the other party?
According to the relevant provisions of China's Property Law and other laws, houses can only be transferred without laws, plans and mortgages.
So generally speaking, to transfer a mortgaged house, you must pay off the bank loan first.
To solve the problem of how to transfer the mortgage house after divorce, we must first understand the specific aspects of the transfer of the mortgage house after divorce.
Specifically, the transfer of mortgaged houses after divorce includes the following three types: 1. The mortgaged house shared by the divorced parties is transferred to the original husband and wife. In this case, to solve the problem of how to transfer the mortgaged house after divorce, both divorced parties need to apply for the registration of the ownership of the divorced house, change the name registration of both divorced parties to the original husband and wife, and the transfer party will continue according to relevant regulations.
2. Transfer the mortgaged house owned by one divorced party to the other party. If this is the case, you need to pay off the bank loan.
If the loan is not paid off for the time being, the divorced party can apply to another bank for re-mortgage in its own name, and then cancel the mortgage in the bank's real estate license for transfer.
3. It is to transfer the same divorced mortgage house to a third person. In this case, in order to solve the problem of how to transfer the mortgaged house after divorce, the divorced parties must pay off the bank loan or the third party can pay off the loan for the divorced parties before performing the corresponding transfer procedures.
Third, how to apply for loans for the transfer of divorced houses in China?
According to the relevant provisions of China's marriage and family law, the property during the existence of the relationship between husband and wife belongs to the joint property of husband and wife. When a husband and wife choose to divorce, the ownership of the same property of the husband and wife needs to be decided through negotiation and other means. So divorce is often accompanied by house transfer. Then, how to handle the process of transferring a divorced house with a loan in China? When the divorced house is transferred, the ownership of the house changes. Divorced property transfer is a process in which the original owner transfers the ownership of the house to another party through divorce analysis. Taking Zhengtu as an example, the transfer of divorced real estate is divided into two situations: 1. If the divorce of husband and wife involves the transfer of housing, both parties will generally apply for registration; 2. Handle divorce analysis and registration according to regulations. As the name implies, divorce analysis is a registration procedure in which both husband and wife transfer their housing shares to each other after divorce. Property analysis registration is very common in housing registration, mainly used for divorce property analysis. Transfer procedures for divorced houses 1. After the loan is paid off, the divorced house is transferred: (1) Transfer information ① The agreement on the ownership of the house in the effective divorce agreement (notarization) or arbitration (judgment) shall prevail; 2 "Divorce Certificate"; 3 ID cards of both parties; (4) Relevant certificates of ownership or mortgage of the original house, that is, relevant procedures for settlement of the original loan. (2) During the transfer process, both parties * * * go to the local real estate management department to handle the formalities of property right transfer: the notary office handles the property analysis notarization (divorce judgment is not required) → the transaction center handles the transfer → the Housing Authority handles the deed tax exemption application → handles the property analysis registration formalities and pays the registration fee → obtains evidence. 2. If the loan is not paid off, the divorce property is transferred: (1) Transfer information: same as above. (2) Transfer steps: ① Go to the housing management department to go through the formalities of ownership change: the method is the same as above. (2) the right to apply for a loan at the bank (the debtor) changes procedures. Transfer fee of divorced house: 1, tax type: deed tax (house area
4. Who knows what to do if there is a loan for real estate transfer after divorce?
When the divorced house is transferred, the ownership of the house changes. Divorced property transfer is a process in which the original owner transfers the ownership of the house to another party through divorce analysis. Taking Journey as an example, the transfer of divorced real estate is divided into two situations:
1. If the divorce of husband and wife involves the transfer of housing, both parties shall generally apply for registration together;
2. Handle divorce analysis and registration according to regulations. As the name implies, divorce analysis is a registration procedure in which both husband and wife transfer their housing shares to each other after divorce. Property analysis registration is very common in housing registration, mainly used for divorce property analysis.
Transfer procedures of divorced houses
1. Pay off the loan and transfer the divorced property:
(1) transfer information
(1) According to the provisions on real estate ownership after the divorce agreement (notarization) or arbitration (judgment) comes into effect;
2 "Divorce Certificate";
3 ID cards of both parties;
(4) Relevant certificates of ownership or mortgage of the original house, that is, relevant procedures for settlement of the original loan.
(2) Transfer process
Both parties go to the local real estate management department to handle the property right transfer procedures: the notary office handles the property analysis notarization (divorce judgment is unnecessary) → the transaction core handles the transfer → the Housing Authority handles the deed tax exemption application → handles the property analysis registration procedures and pays the registration fee → obtains evidence.
2, the loan is not paid off, the divorce property transfer:
(1) Transfer information: same as above.
(2) Transfer step:
① Go through the formalities of ownership change in the housing management department: the method is the same as above.
(2) the right to apply for a loan at the bank (the debtor) changes procedures.
Divorced house transfer fee:
1, tax type: deed tax (housing area < 90 _, the proportion is1%; 90_≤ housing area < 140 _, with a ratio of1.5%; The building area is ≥ 140_ 3%), and the sticker cost is 5 yuan/set.
2. Fees: 80 yuan for registration, 2% for production and 20 yuan for handling fee.
Deed tax explanation: According to the "Reply on whether to levy deed tax on the change of housing ownership after divorce", if a divorced couple wants to divide their property, the act of * * * owning property rights belongs to the change of property rights, not the transfer of property rights taxed by the current deed tax policy. Therefore, after the divorce, the original property owner does not pay the deed tax and other related transaction taxes.
But if the house is not jointly owned by husband and wife, the ownership belongs to one person. If this person wants to transfer the house to the other party, he needs to pay the deed tax.
After the divorce property is divided, both parties should transfer the property as soon as possible to avoid more troubles over time.