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How to transfer ownership of a property shared in shares

2026-01-11 05:32:25 Real Estate

How to transfer ownership of a property shared in shares

In recent years, with the diversification of co-ownership forms of real estate, the issue of transfer of shared properties has become the focus of many home buyers and co-owners. 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 process, precautions and related data of property transfer in shares.

1. What is joint ownership of real estate?

How to transfer ownership of a property shared in shares

Joint ownership of real estate means that two or more co-owners jointly own a property according to their agreed shares, and each co-owner has independent ownership of his or her share. This form of co-ownership is common in scenarios such as joint property purchase by relatives and friends, marital property agreement, or inheritance inheritance.

common formFeaturesApplicable scenarios
Shared in sharesCo-owners enjoy property rights in proportion and can freely dispose of their sharesJoint venture house purchase and investment cooperation between relatives and friends
Commonly ownedCo-owners equally enjoy property rights and require unanimous consent before disposalCommon property of husband and wife, shared property of family

2. The process of transfer of jointly owned property by shares

The transfer of jointly owned properties is divided into two situations: internal share transfer and external sale and purchase. The following is the specific process:

stepsOperation contentMaterials required
1. ConsensusTransfer agreement reached between co-ownersShare transfer agreement, identity certificate
2. NotarizationNotarize transfer agreementNotarization application form, copy of real estate certificate
3. Pay taxes and feesPay deed tax, value-added tax, etc.Tax payment certificate, assessment report
4. Handle transfer of ownershipApply at the Real Estate Registration CenterApplication form, transfer agreement, tax voucher

3. Things to note when transferring ownership by shares

1.right of first refusal: According to the provisions of the Civil Code, when a co-owner transfers his share, other co-owners have the right of first refusal under the same conditions.

2.Tax calculation: The taxes and fees for share transfers are usually calculated based on the proportion of the transferred shares. The specific standards are as follows:

Tax typeCalculation methodRemarks
Deed tax1%-3%×share valueFluctuates according to area and purchase situation
value added tax5.6%×value-added partExemption for 2 years or more
personal income tax20% × value-added partThose who have lived for more than 5 years and have the only home are exempted

3.loan processing: If there is still a loan on the property, you need to negotiate with the bank to change the borrower or pay off the loan early.

4.Clear property rights: Make sure the property is free from mortgage, seizure and other restrictions, otherwise the transfer cannot be processed.

4. Recent hot cases

In the past 10 days, cases involving disputes over shared properties have sparked heated discussions on social platforms:

1. A brother and sister in a certain place had a dispute over the sale of a shared property they inherited, and finally reached an agreement through court mediation.

2. After an investor purchased a share of a jointly owned property, the transaction failed due to the exercise of the right of preemption by other co-owners, triggering a discussion about the statute of limitations of the right of preemption.

5. Expert advice

1. Before purchasing a share of a jointly owned property, be sure to verify the opinions and rights of first refusal of the other co-owners.

2. It is recommended to handle it through a formal intermediary or lawyer to ensure that the transaction is legal and compliant.

3. For complex joint ownership relationships, consider clarifying the property rights through judicial channels before proceeding with the transaction.

In short, the transfer of jointly owned properties involves many factors such as law and taxation. It is recommended that the parties involved fully understand the relevant regulations before proceeding and consult professionals when necessary to protect their own rights and interests.

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