How to get a divorce real estate certificate
In recent years, the divorce rate has increased year by year, and the issue of property division and certificate replacement after divorce has become a hot topic of social concern. Many couples need to change the ownership of shared properties after divorce, but the specific procedures and precautions are not well known to the public. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of the steps, required materials and frequently asked questions about renewing the divorce real estate certificate.
1. The basic process of exchanging property certificates for divorce
Divorce real estate certificate replacement refers to the process of changing the property rights of the jointly owned property to the name of one party after the couple divorces according to the divorce agreement or court judgment. The following is the specific process:
| steps | Operation content |
|---|---|
| 1. Negotiation or judgment | The ownership of the property is determined through negotiation between the spouses or through a court ruling. |
| 2. Prepare materials | Collect necessary documents such as divorce certificates, real estate certificates, and identity certificates. |
| 3. Pay taxes and fees | Pay deed tax, personal income tax, etc. based on the property value. |
| 4. Handle transfer of ownership | Go to the Real Estate Registration Center to go through the procedures for changing property rights. |
| 5. Get a new certificate | After passing the review, you will receive a new real estate certificate. |
2. Materials required for divorce real estate certificate renewal
When applying for divorce real estate certificate renewal, you need to prepare the following materials:
| Material name | Remarks |
|---|---|
| Divorce certificate or court judgment | Prove the legal basis for property division. |
| Real estate certificate (real estate certificate) | Proof of title to the original property. |
| ID card | Proof of identity of both parties. |
| divorce agreement | A written agreement specifying who owns the property (if applicable). |
| Tax payment certificate | Tax payment certificates such as deed tax and personal income tax. |
3. Frequently Asked Questions about Divorce Real Estate Certificate Replacement
1.Do I need to pay taxes?
According to national regulations, if the property division during divorce involves changes in property rights, deed tax (usually 1%-3%) and personal income tax (if the property was purchased after marriage and less than five years ago) must be paid. The specific tax rate is subject to local policies.
2.What should I do if I have an unpaid loan on my property?
If there is still a loan on the property, you need to negotiate with the bank to change the repayer and go through the mortgage change procedures before the property rights can be transferred.
3.What should I do if one party doesn’t cooperate?
If one party refuses to cooperate, the other party can enforce it through the court and apply for transfer unilaterally with a valid judgment.
4. Hot topics on the Internet: Controversial points on property division in divorce
In the past 10 days, the discussion on divorce real estate certificate renewal has mainly focused on the following hot topics:
| Disputed points | Netizen attention |
|---|---|
| How to divide pre-marital property and add names after marriage | high |
| Ownership of the property rights of the house purchased by parents | in |
| Timeliness of property transfer after divorce | high |
| Dealing with court decisions that are inconsistent with the agreement | in |
5. Summary
Renewing a divorce real estate certificate involves many issues such as law, taxation, and real estate registration. It is recommended to consult a professional lawyer or real estate agent in advance to ensure a smooth process. At the same time, both spouses should try their best to resolve their differences through negotiation to avoid further conflicts caused by real estate issues. I hope this article can provide you with practical reference information!
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