Property trading center minors can go
Materials required for minor property transfer:
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at the time of delivery, the seller is a minor, and all guardians are required to be present. In addition to the ID card of the property owner and the property right certificate, the guardian's ID card, household register and marriage certificate are also required. If the child's household register is not with the parents' household register, the guardian's ID card, household register and marriage certificate are required, The guardianship certificate and the child's household register or birth certificate are also required
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when handling the transfer of ownership, if the owner himself cannot be present, he needs to entrust an alt with capacity to provide notarized power of attorney and trustee's ID card
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when the owner is a minor, the legal guardian should accompany the owner in the whole process of house sale
Many parents with loose money are planning to buy houses for their minor children, so can minors buy houses? Bought a house to be able to do house property certificate? What are the disadvantages of parents buying houses for minors? Today Xiaobian will answer for you one by one
can minors buy houses and apply for certificates according to the general principles of civil law, a minor under the age of 10 is a person without capacity for civil conct, and his agent ad litem acts for civil activities. Minors over the age of 10 are persons with limited capacity for civil conct. A citizen over the age of 16 but under the age of 18 whose main source of livelihood is his own labor income shall be regarded as a person with full capacity for civil conct. Therefore, civil activities in the name of minors must either obtain the consent of their guardians or be directly represented by their guardians. For the purchase of this huge contract, only by its guardian agent transactions although minors can purchase property alone, they can't pay in installments because they have no debt repayment ability, so they have to pay in a lump sum. If it is not a one-time payment, the major banks in some cities do not handle the mortgage application of the only property owner of the house is the minor, and the application for housing loan can only be jointly applied by the legal agent such as the minor's father, mother or even parents tax avoidance -- the main motivation for minors to buy houses objective analysis shows that there are many reasons for minors to buy houses, but it is understood that there are many parents who love their children from a long-term perspective, in order to avoid the estate tax that will be imposed in the future. If your name is on the house property certificate, it will involve a series of problems such as the transfer of property rights in the future. Not only the proceres are cumbersome, but also you have to pay taxes such as the property appraisal fee and the transfer fee. If you buy a house in the name of your child now, you will be exempted from this series of problems in the future
the disadvantages of the purchase of houses by minors suggest that it is relatively troublesome to deal with the house property right transactions under the names of minors. When a child becomes an owner, it will take several years for him to reach althood. During this period, the right to dispose of the property of the child owner should be exercised by his legal guardian. At this time, the disposal of real estate will involve the protection of the rights and interests of minors
Article 12 of the law on the protection of Minors stipulates that parents or other guardians who fail to perform their guardianship ties or infringe upon the lawful rights and interests of the minors under guardianship shall bear the responsibility according to law. Article 47 stipulates that if the lawful rights and interests of a minor are infringed upon and property losses or other losses or damages are caused to him, he shall make compensation or bear other civil liabilities according to law. In order to protect the legitimate rights and interests of minors, houses can not be transferred or traded at will, but must be beneficial to the interests of minorsfor example, minors need money to treat serious diseases, and children need to study abroad, but the money is not enough. The proceeds from the sale of real estate by parents will be used to support minors. Otherwise, once the child raises an objection in the future and thinks that the parents have violated their legitimate rights and interests, the parents should also bear the responsibility for compensation
it is not the function of the real estate ownership registration authority to determine whether the parties dispose of the real estate for the interests of minors. In order to rece possible administrative disputes in the future, at this stage, even if the real estate is sold or mortgaged for the interests of minors, we should also require the parties to provide legal evidence (such as notarization of relevant matters), Before registration
the importance of housing property right certificate can not be underestimated. If a child is unfilial to his or her parents because he or she relies on property rights when he or she grows up, the parents will have nothing to do with it. Moreover, if you want to sell, donate or mortgage the real estate, only when the children entrust you can the parents have the right to deal with it. When the children go to school or work in other places, the parents' disposal of the house is even more troublesome. In a word, parents should make a decision after careful consideration when buying a house for minors
(the above answers were published on September 10, 2015, and the current relevant purchase policies are subject to the actual situation)
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Minors can apply for house property certificate
The following conditions are required for minors to apply for house property certificate:1. Minors' houses should be registered by their guardians
(2) provide the guardian's guardianship certificate and ID card3, a minor provides an identity card or a registered residence certificate issued by the police station. p> The guardian shall protect the legal rights and interests of the ward and shall not dispose of the ward's property without authorization
The guardian can buy, sell and mortgage the real estate on his own when he is 18 years oldproperty registration fee:
80 yuan for each residential unit, if there is a co ownership certificate, the additional cost is 10 yuan / unit
200 yuan for each unit of other real estate with a construction area of less than 500 (including 500) m2, 300 yuan for each unit of 500-1000 m2, 500 yuan for each unit of 1000-2000 m2, 800 yuan for each unit of 2000-5000 m2, and 1000 yuan for each unit of more than 5000 m2; If the co ownership certificate increases the proction cost by 10 yuan /
extended data:
minors can apply for the real estate certificate as the obligee:
minors can apply for the real estate certificate as the obligee, but their guardianship relationship certificate and guardian identity certificate must be submitted, and their legal guardian's name must be noted on the real estate certificate. Because the minors have no or limited capacity for civil conct, they must comply with the relevant laws and regulations when dealing with the real estate
for house purchase certificate or transfer, the minor property owner is required to be present:
no matter for house purchase certificate or transfer, the minor property owner is not required to be present. As the only property owner of the house, the child is under 18 years old and belongs to a minor. Although he can register to buy a house, he can not apply for bank loan as the main borrower, so he can not apply for a mortgage and needs to make a one-time payment
even if the minors and their parents buy a house together, because it involves the disposal of minors' property and the protection of minors' rights and interests, once the parents are unable to repay the loan, the bank is more difficult in the disposal of the house because it needs to consider the minors' rights and interests. Therefore, the bank is very cautious about such loans, and basically does not accept them
It can be transferred to minor children. The specific proceres are as follows:
1. Take the ID card and house property card of the owner, the ID card and guardianship certificate of the minor guardian (including birth certificate and household register), and the ID card of the minor to register on the first floor of the registration hall of the municipal housing management center
Then the staff of the municipal housing management center will go to the owner's home to measure the house, and pay the deed tax and land tax at the local tax window of the municipal administrative service center according to the house area3. Both parties shall go to the registration hall of the municipal housing management center to handle the transfer proceres with their original ID cards, copies and the above materials
conditions for house purchase:
it is necessary to purchase a house with a property area of more than 60 square meters. Only three immediate family members including minors can be transferred
extended data:
real estate transfer refers to the whole process of transferring the property right from Party A to Party B by transferring, buying and selling, donating, inheriting the property and going to the housing ownership registration center to change the property right
In China, minors refer to citizens under 18 years old; In other countries, the age range of minors is not entirely different. In Japan, for example, minors are citizens under the age of 20it is an important standard to judge whether a person is a minor and whether he has full capacity for civil conct
Article 18 of the general principles of civil law stipulates that the guardian shall perform the ty of guardianship, protect the person, property and other legitimate rights and interests of the ward, and shall not deal with the property of the ward except for the interests of the ward. If a guardian fails to perform his ty of guardianship or infringes upon the lawful rights and interests of the ward, he shall be liable; If property losses are caused to the ward, he shall compensate for the losses. Article 10 of the opinions of the Supreme People's Court on Several Issues concerning the implementation of the general principles of the civil law stipulates that the guardianship ties of the guardian include: protecting the physical health of the ward, taking care of the life of the ward, managing and protecting the ward's property, and concting civil activities on behalf of the ward
according to the above provisions, only for the interests of minors, guardians have the right to deal with the property of minors, otherwise, guardians can not deal with the property of the ward. As for the situation of "for the benefit of the ward", our law has not made corresponding provisions. According to judicial practice, the following situations can be regarded as "for the benefit of the ward":
(1) parents as guardians need to deal with the property of minors for the ecation of minors, such as paying tuition fees
(2) parents as guardians need to deal with the property of minors for the health of minors, such as medical treatment< (3) according to the second paragraph of Article 32 of the tort liability law, "if a person with property but without capacity for civil conct or a person with limited capacity for civil conct causes damage to others, he shall pay compensation from his own property.", As guardians of parents to pay infringement compensation for minors, need to deal with the property of minors
(4) in case of legal demolition of the property of minors, the parents as guardians sign the "housing demolition compensation agreement" with the demolition department without giving up the right of housing demolition compensation, and deal with the property of minors< (5) when parents, as guardians, need to sell their old houses to buy new houses for minors to improve their living conditions, and the value of the new houses purchased is equal to or greater than the value of the old houses
according to the law of our country, minors can accept rewards, gifts, rewards and carry out civil acts appropriate to their age and intelligence, while other major civil acts should be represented by their guardians or with the consent of their guardians. The guardian of a minor may deal with the property of the minor for the benefit of the minor. Thus, minors can go through the proceres of house sale and house property registration, and the specific proceres are as follows:
(1) minors buy houses
for example, Mr. Li wants to buy a house for his son Xiaoming, and write his 10-year-old son Xiaoming's name on the real estate certificate. As Xiaoming is under 18 years old and a minor, Mr. Li should submit the household register or birth certificate of Xiaoming, the only child certificate and the identity certificate of Xiaoming's guardian in addition to the normal housing transaction registration proceres. At the same time, the household register, birth certificate and only child certificate should clearly record the direct relationship between the guardian and Xiaoming's father and son or mother and son. With all the above information, Mr. Li can come to the housing authority for housing transaction registration and register the property in Xiaoming's name< For example, if Mr. and Mrs. Li want to sell a house in the name of their son Xiao Ming, they must follow the special regulations on the sale of the house under the name of the minor. First, the guardian can sell the house for the benefit of the minor, And the guardian's signature must be provided to guarantee that he has the guardian qualification and that the sale of the property is for the interests of minors, and the guarantee must be notarized by the notary office. After meeting the above conditions, Mr. and Mrs. Li not only submit the materials according to the normal housing transaction registration proceres, but also submit the household register or birth certificate of the seller Xiao Ming, the only child certificate and the guardian's ID card to prove that they are qualified as guardians and that the sale of the house is for the interests of minors. If Mr. and Mrs. Li have all the above information, they can go to the housing management department to go through the relevant proceres for the sale of the house, and Mr. and Mrs. Li can successfully sell the house under Xiao Ming's name
the above is a specific introction to "whether the houses under the name of minors can be sold and how minors can buy and sell houses". I hope that through the above examples, you can understand how minors buy and sell houses. It is worth noting that there are many people in the society who lie that they can help buy and sell such houses, but please do not easily believe them, so as not to cause loss of interest.
How to transfer the property of minors:
only property donation can be handled. And the real estate transaction needs to pay a series of taxes, so the real estate donation is not necessary. So even if your daughter is mature and can handle the house transaction, it is still reasonable to give. The following are some proceres and regulations:
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the house donator and the donee conclude a written contract of house donation, namely the letter of donation. According to the relevant laws and regulations, the house donation must be in written form
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in the case of house donation, both parties shall pay the relevant taxes and fees according to the provisions by virtue of the house ownership certificate, donation contract and other materials
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notarization. According to the relevant provisions of the state, housing donation must go through notarization proceres
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go through the registration proceres of house ownership transfer. The parties involved in the house donation shall apply for transfer registration at the real estate trading center where the house is located, and submit the following materials: transfer application, ID card, real estate certificate, donation certificate and notarial certificate, and receipt of relevant taxes and fees
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the donor delivers the house to the donee. The delivery here is subject to the registration of house property right transfer. If the registration of property right transfer has not been completed, but a written donation contract has been concluded between the parties, and the donor has handed over the original certificate of property right of the house to the donee, the donation shall also be confirmed according to the provisions of the Supreme People's court
Article 10 of the opinions of the Supreme People's Court on the implementation of the general principles of the civil law stipulates that the guardianship ties of the guardian include: protecting the physical health of the ward, taking care of the ward's life, managing and protecting the ward's property, and acting for the ward in civil activities
according to the above provisions, only for the interests of minors, guardians have the right to deal with the property of minors, otherwise, guardians can not deal with the property of the ward. As for the situation of "for the benefit of the ward", our law has not made corresponding provisions. According to judicial practice, the following situations can be regarded as "for the benefit of the ward":
(1) parents as guardians need to deal with the property of minors for the ecation of minors, such as paying tuition fees
(2) parents as guardians need to deal with the property of minors for the health of minors, such as medical treatment< (3) according to the second paragraph of Article 32 of the tort liability law, "if a person with property but without capacity for civil conct or a person with limited capacity for civil conct causes damage to others, he shall pay compensation from his own property.", As guardians of parents to pay infringement compensation for minors, need to deal with the property of minors
(4) in case of legal demolition of the property of minors, the parents as guardians sign the "housing demolition compensation agreement" with the demolition department without giving up the right of housing demolition compensation, and deal with the property of minors< (5) when parents, as guardians, need to sell their old houses to buy new houses for minors to improve their living conditions, and the value of the new houses purchased is equal to or greater than the value of the old houses
according to the law of our country, minors can accept rewards, gifts, rewards and carry out civil acts appropriate to their age and intelligence, while other major civil acts should be represented by their guardians or with the consent of their guardians. The guardian of a minor may deal with the property of the minor for the benefit of the minor. Thus, minors can go through the proceres of house sale and house property registration, and the specific proceres are as follows:
(1) minors buy houses
for example, Mr. Li wants to buy a house for his son Xiaoming, and write his 10-year-old son Xiaoming's name on the real estate certificate. As Xiaoming is under 18 years old and a minor, Mr. Li should submit the household register or birth certificate of Xiaoming, the only child certificate and the identity certificate of Xiaoming's guardian in addition to the normal housing transaction registration proceres. At the same time, the household register, birth certificate and only child certificate should clearly record the direct relationship between the guardian and Xiaoming's father and son or mother and son. With all the above information, Mr. Li can come to the housing authority for housing transaction registration and register the property in Xiaoming's name< For example, if Mr. and Mrs. Li want to sell a house in the name of their son Xiao Ming, they must follow the special regulations on the sale of the house under the name of the minor. First, the guardian can sell the house for the benefit of the minor, And the guardian's signature must be provided to guarantee that he has the guardian qualification and that the sale of the property is for the interests of minors, and the guarantee must be notarized by the notary office. After meeting the above conditions, Mr. and Mrs. Li not only submit the materials according to the normal housing transaction registration proceres, but also submit the household register or birth certificate of the seller Xiao Ming, the only child certificate and the guardian's ID card to prove that they are qualified as guardians and that the sale of the house is for the interests of minors. If Mr. and Mrs. Li have all the above information, they can go to the housing management department to go through the relevant proceres for the sale of the house, and Mr. and Mrs. Li can successfully sell the house under Xiao Ming's name
the above is a specific introction to "whether the houses under the name of minors can be sold and how minors can buy and sell houses". I hope that through the above examples, you can understand how minors buy and sell houses. It is worth noting that there are many people in the society who lie that they can help buy and sell such houses, but please do not easily believe them, so as not to cause loss of interest.
however, minors only have the ability to inherit and receive gifts, but not the purchasing power
in this case, you can only apply for house property donation. And the real estate transaction needs to pay a series of taxes, so the real estate donation is not necessary. So even if your daughter is mature and can handle the house transaction, it is still reasonable to give
the following are some proceres and regulations:
(1) the house donor and the donee conclude a written contract for house donation, namely the letter of donation. According to the relevant laws and regulations, the house donation must be in written form
(2) the two parties to the house donation shall pay the relevant taxes and fees according to the provisions by virtue of the house ownership certificate, donation contract and other materials
(3) notarization. According to the relevant provisions of the state, housing donation must go through notarization proceres
(4) registration of house ownership transfer. The parties involved in the house donation shall apply for transfer registration at the real estate trading center where the house is located, and submit the following materials: transfer application, ID card, real estate certificate, donation certificate and notarial certificate, and receipt of relevant taxes and fees
(5) the donor delivers the house to the donee. The delivery here is subject to the registration of house property right transfer. If the registration of property right transfer has not been completed, but a written donation contract has been concluded between the parties, and the donor has handed over the original certificate of property right of the house to the donee, the donation shall also be confirmed according to the provisions of the Supreme People's court
I hope it can help you