1. Sign the house sales contract;
2. The buyer and the seller sign a security guarantee contract for the sub-mortgage transaction with the law firm;
3. The buyer pays 30% of the house price as the down payment;
4. The seller's bank agrees to advance payment and issues a confirmation letter;
5. The buyer applies to the bank for a second-hand house mortgage loan;
6. The seller delivers the house;
7. Transfer the money to the seller's bank after the bank lends money;
8. Upon receipt of the payment, the seller cancels the original loan contract and mortgage registration, completes the transfer and mortgages it to the buyer's bank;
9. The buyer's bank will pay the down payment to the seller.
Taxes and fees for real estate transfer;
1, deed tax: when the property is transferred, a certain percentage of deed tax needs to be paid according to the reasons and objects of the transfer;
2. Personal income tax: if the property is not transferred according to the original value, it may involve paying personal income tax;
3. Stamp duty: when the property is transferred, the contract or property transfer needs to pay stamp duty;
4. Land value-added tax: If the property increases in value in the process of changing hands, it may be necessary to pay land value-added tax;
5. Registration fee: the transfer of real estate requires the registration of property rights change in the real estate registration authority, which usually generates a certain registration fee.
To sum up, the transfer of real estate to his wife, handling loans, involves signing sales contracts, transferring mortgage guarantee contracts, and paying down payment. The bank agreed to repay the loan in advance, handle the mortgage loan of the second-hand house, hand over the house, lend money, transfer the ownership, cancel the original loan contract and mortgage registration, complete the transfer and make a new mortgage, and finally the bank paid the down payment to the seller.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 406
During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.
Provisional regulations on the registration of real estate
Article 14
Where an application for real estate registration is made for sale or mortgage, both parties shall apply at the same time. In any of the following circumstances, the parties may apply unilaterally: (1) unregistered real estate applies for registration for the first time; (2) Inheriting or accepting bequests to acquire real estate rights; (three) the establishment, alteration, transfer or elimination of real estate rights by effective legal documents or decisions of the people's government; (four) the name, ownership or natural conditions of the obligee have changed, and the application for registration of change has been made; (five) the loss of real estate or the right holder to give up real estate rights and apply for cancellation of registration; (six) to apply for registration of correction or objection; (seven) other circumstances stipulated by laws and administrative regulations that can be unilaterally applied by the parties.
Article 15
The parties or their agents shall apply to the real estate registration agency for real estate registration. The real estate registration agency records the application for registration in front of the real estate register, and the applicant may withdraw the application for registration.