In order to avoid taxes, many people will choose to sell their houses to their children by buying and selling. But have you ever thought that if the child is not filial or has an accident after the house is transferred, you may face the risk of being evicted from your house? How can this be prevented? Today, I will talk to you about the legal issues in this area.
Transfer refers to the transfer of real estate in one person's name to another person's name, and some people transfer the house to their children during their lifetime through the form of sale, and when the transfer is completed, they completely lose the ownership of the house. If the children want to rent out the house from which they are transferred in the future, in a legal sense, they must vacate the house to others if they lose their ownership of the house, and if the children leave it alone, they are likely to have no place to live. Obviously it was originally their own house, but in the end they ended up with no fixed place to live and homeless, which is a problem that every parent must be wary of when transferring the house to their children.
Residency is a good solution to this problem.
The so-called right of residence refers to the usufructuary right of possession and use power established by a natural person in accordance with a contract or will to meet the needs of life and residence in a house owned by others. Article 366 of the Civil Code stipulates that the owner of the right of residence has the right to occupy and use the usufruct of another person's residence in accordance with the contract, so as to meet the needs of life and residence. To put it simply, if you set up a right of residence on the house that will be transferred to your children, and agree that the right of residence of the house belongs to you, you can live in the house until you die, even if the children sell the house.
The right of residence is a new property right established in the Civil Code, which can not only satisfy the parents' wishes to transfer the ownership of the house in their name to their children, but also ensure that the parents will not be evicted from the house after losing the ownership of the house, resulting in a difficult situation of no fixed residence. The elderly can protect the property by exercising the right of residence, eliminate some obstructions to the normal occupation and use of the house by their parents, and also prevent the new owner of the house from claiming the right to vacate the house against the elderly after the house.
The right of residence shall be registered upon application. Article 368 of the Civil Code stipulates that the right of residence shall be established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration.
The residency contract should be in writing. The Civil Code stipulates that in order to establish the right of residence, the parties shall enter into a contract for the right of residence in writing. The parties shall enter into a contract for the right of residence in writing, and shall contain the following necessary terms: (1) the names and addresses of the parties; (2) the location of the dwelling; (3) the conditions and requirements for residence; (4) the duration of the right of residence; (5) Methods of dispute resolution.
After the contract is signed, both parties need to register with the housing registration department where the house is located, and the right of residence is established from the date of registration, and the right of residence cannot be established without registration.
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