How to remove the name from the real estate certificate
Changing the name on the real estate deed is a common requirement and may involve marriage changes, inheritance, sales and other situations. This article will introduce in detail the process, required materials, fees and precautions for removing names from real estate certificates, and provide structured data for reference.
1. Common situations in which names are removed from real estate certificates
| scene | Description |
|---|---|
| Divorce and property division | After a couple divorces, the property needs to be divided and one party gives up the property rights. |
| inheritance transfer | After the original property owner dies, the heirs change the name |
| Buy and sell transactions | Transfer property rights to others through sale and purchase |
| Gift transfer | Transfer property rights by gift |
2. Process and required materials
| steps | Material list | Things to note |
|---|---|---|
| 1. Sign an agreement | Divorce Agreement/Gift Contract/Sales Contract | Notarization required (required in some areas) |
| 2. Pay taxes and fees | ID card, real estate certificate, tax payment certificate | Tax rates vary from place to place |
| 3. Handle transfer of ownership | Application form, marriage certificate (if applicable) | Both parties need to be present |
| 4. Get a new certificate | Acceptance receipt | Usually 5-15 working days |
3. Cost details reference (taking a property worth 1 million as an example)
| Fee type | Buying and selling methods | Donation method | Inheritance method |
|---|---|---|---|
| Deed tax | 1%-3% | 3% | exempt from tax |
| personal income tax | 1% (only exempt for those who are over 5 years old) | 20% | exempt from tax |
| Notary fees | 0 | 0.2% of property value | 0.5% of property value |
| registration fee | 80 yuan | 80 yuan | 80 yuan |
4. Special precautions
1.Property with outstanding loan: Need to settle the loan first or obtain written documents from the bank agreeing to the change
2.Purchase restriction policy: The transferee must meet local house purchase qualifications
3.Time node: Property division after divorce must be handled within 1 year (required by some cities)
4.tax risk:Subsequent sale in the form of gift may result in high individual tax
5. Latest policy developments (updated in 2023)
| area | Key points of the New Deal | Effective time |
|---|---|---|
| Beijing | Divorces less than 1 year old will be reviewed based on the number of original family units | 2023.9.1 |
| Shanghai | Gifts from immediate family members are included in the purchase limit review | 2023.8.15 |
| Guangzhou City | Promote "transfer with deposit" to simplify the process | 2023.7.1 |
6. Expert advice
1. PreferenceTransfer of ownershipway, the long-term tax costs are lower
2. When it comes to property division in divorce, it is recommended to clarify the property ownership clause in the divorce agreement.
3. Consult a professional lawyer or real estate agent before handling to avoid multiple trips due to incomplete materials.
4. Pay attention to keep all payment vouchers, which will be required when selling the property later.
If you need to apply for the delisting of the real estate certificate, it is recommended to prepare relevant materials in advance, understand the specific local policies, and entrust a professional agency to handle it if necessary to ensure the smooth completion of the process.
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