To remove one party’s name from the couple’s real estate certificate, you first need to obtain the house ownership certificate. Only with the house ownership certificate can the application be processed. Secondly, the consent of the spouse must be obtained. After the spouse agrees, both spouses should bring their ID cards, household registers, etc. to the housing registration authority to go through the couple's name change procedures. During this period, a stamp tax of 5 yuan on the real estate certificate must be provided. Both spouses should be present and fill out the " "House Ownership Registration Application", and then submit the corresponding certificates. After verification by the housing registration authority, the application will be processed, and the name of one party can be removed from the property certificate.
The method of removing one person’s name from the property certificate is as follows:
1. To remove the name from the property certificate without loan: the change by husband and wife only applies to the transfer of shares between husband and wife; < /p>
2. Sale and purchase form, that is, the share of the party whose name is removed from the real estate certificate is transferred to other property owners on the real estate certificate;
3. Donation form.
Removing the name from the property certificate with a loan: You need to communicate with the lending bank first to see whether you agree to the change. The steps for change transfer are the same as the previous form without a loan.
Removing the name from the real estate certificate without loan:
1. Changes between husband and wife are only for the transfer of shares between husband and wife, that is, all the shares of the party whose name is to be removed from the real estate certificate are transferred to the other party. One party;
2. Sale and purchase form, that is, the share of the party whose name is removed from the real estate certificate is transferred to other property owners on the real estate certificate, and the normal purchase and sale transaction process is followed;
3 , in the form of donation, that is, the share of the party whose name is removed from the real estate certificate is transferred to another property owner on the real estate certificate as a gift.
Remove the name from the property certificate with a loan
1. You need to communicate with the lending bank first to see whether you agree to the change;
2. Obtain the bank's consent to the change. materials;
3. The steps for changing the transfer are the same as the previous form without loan.
Note that there is also a special type of birth certificate that removes the name, that is, one of the persons on the property certificate dies, and then the person’s name needs to be removed, which is the inheritance of the property, which can be obtained through legal channels, notarization, etc. The inheritance document is changed to remove the name of the deceased.
Legal basis:
"Urban Real Estate Management Law of the People's Republic of China"
Article 60: The state implements the registration of land use rights and house ownership Certification system.
Article 61: To obtain land use rights through transfer or allocation, an application shall be made to the land management department of the local people's government at or above the county level for registration, and shall be verified by the land management department of the local people's government at or above the county level. The people's government at the relevant level issues a land use right certificate. If a house is built on the real estate development land obtained in accordance with the law, it shall apply for registration with the real estate management department of the local people's government at or above the county level with the land use right certificate, and the real estate management department of the local people's government at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, an application must be made to the real estate management department of the local people's government at or above the county level for real estate change registration, and with the changed house ownership certificate, an application must be made to the land management department of the people's government at the same level for land use right change registration. After verification by the land management department, the land use right certificate will be replaced or modified by the people's government at the same level. If the law provides otherwise, the provisions of the relevant laws shall apply.