First, the transfer procedure of property donated by husband and wife

1, the donor and the donee sign a written house donation contract, which is the donation document.

2. notarization. According to the "Joint Notice on Strengthening the Notarization of Real Estate Registration Management" issued by the relevant state departments, housing gifts must be notarized. The notarization of the gift shall be accepted by the notary office of the donor's domicile or the place where the gift occurs. The gift of real estate can also be accepted by the notary office where the real estate is located.

3. Go through the registration formalities of house ownership transfer.

Second, how to write the gift contract between husband and wife

Party A (donor): _ _ _ _ _ (specify name and address) Address: _ _ _ _ _ _ Valid ID number: _ _ _ _ _ _ _ _

Party B (donee): _ _ _ _ _ (name and address) Address: _ _ _ _ Valid ID number: _ _ _ _ _ _ _ _

Party A voluntarily donates all its real estate to Party B. According to the Contract Law and other relevant laws and regulations, both parties voluntarily reach the following agreement on real estate donation:

Article 1: Party A voluntarily donates its house property to Party B, and Party B voluntarily accepts the house. The details of the house are as follows:

(a) located in _ _ _ _ _, with a construction area of _ _ _ _ square meters;

(2) The ownership certificate number of the donated house is _ _ _ _ _;

(3) See Annex I for the floor plan of the house and its surrounding areas.

(IV) Ways of obtaining the right to use the land The right to use the land within the occupied area of the house shall be donated together with the house. The relevant rights and interests of the house shall be donated together with the house.

Article 2: Due to Party A's reasons, all the house payment and taxes of the property have been paid by Party B on behalf of Party A, and Party A has purchased the property and obtained the property ownership certificate of the property. After negotiation, Party A is willing to hand over the house to Party B and actively assist Party B when it can handle the transfer formalities.

Article 3: Party A guarantees that the ownership status and other specific conditions of the house are complete before the signing of this gift contract and during the period from the signing of this contract to the completion of transfer, and the house has not been pursued by others according to law.

Article 4: Without the consent of Party B, Party A shall not mortgage, resell or lease the house to others, otherwise the mortgage, resale or lease will be invalid. If Party B is unable to obtain the donated property due to the above acts, Party A shall compensate or refund all the house payment and other taxes paid by Party B on its behalf.

Article 5: Party A gives Party B the real estate, and this contract is irrevocable after being signed by both parties and notarized by the notary office.

Article 6: When Party B can handle the transfer formalities of the house, Party A shall actively assist Party B to handle the transfer formalities as agreed.

Article 7: Party A and Party B are scheduled to formally transfer the house on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If Party A fails to perform the above obligations according to the regulations, it shall be liable for breach of contract according to the following agreement:

Article 8: Party A and Party B confirm that although the ownership certificate of the house is not recorded, the obligee who has rights to the house according to law has agreed in writing to give the house to Party B.. ..

Article 9: For matters not covered in this contract, Party A and Party B may separately sign supplementary clauses or supplementary agreements. Supplementary clauses or supplementary agreements and annexes of this contract are an integral part of this contract.

Article 10: This contract shall come into effect as of the date when both parties sign it and notarize it in the notary office.

Article 11 Any dispute between Party A and Party B during the performance of this contract shall be settled through negotiation. If negotiation fails, the case shall be submitted to Beijing Arbitration Commission for arbitration.

Article 12: This contract is signed on _ _ _ _. Among them, Party A holds _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Article 13: Party A and Party B agree on the following supplementary terms:

Annex I Text: House plan.

Party A (signature): _ _ _ _

Party B (signature): _ _ _ _

Date of signature: _ _ _ _ _ _ _

Third, how to divide the donated property of divorce?

The distribution of the gift property divorce needs to determine whether the gift belongs to the husband and wife or to the individual. If the gift before marriage or the gift after marriage is clearly owned by only one party, it belongs to personal property and belongs to the individual at the time of divorce; If the property is clearly added according to law after marriage, it belongs to the joint property of husband and wife. When divorcing, both parties negotiate to divide it or request the court to decide to divide it.

Legal objectivity:

"Provisional Regulations on the Registration of Real Estate" Article 4 The State practices a unified registration system for real estate. Real estate registration follows the principles of strict management, stability and continuity, and convenience for the masses. The real estate rights enjoyed by real estate owners according to law shall not be affected by changes in registration institutions and procedures. Article 61 of the Urban Real Estate Management Law shall apply to the real estate management department of the local people's government at or above the county level for registration of real estate change when real estate is transferred or changed, and apply to the land management department of the people's government at the same level for registration of land use right change 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.