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当今社会,父母赠与孩子房产的现象越来越多,为了防止不必要的麻烦,弄清相关的法律问题很有必要。1、父母想赠与子女房子,要怎么做呢?赠与人表示接受的合同,没有明文规定必须为书面方式。但依照《城市房地产管理法》规定,赠与房屋的合同应当采用书面合同。不过,这里要分两种情况来对待。一种是父母赠与未成年子女房产的,因为父母的监护人身份和赠与人身份重合,无须签订赠与合同和经孩子同意。但到房管局办理产权变更手续时,仍须父母出具《赠与书》。
In today’s society, parents are giving more and more children’s real estate. In order to prevent unnecessary troubles, it is necessary to clarify the relevant legal issues. 1, Parents want to give their children’s houses, how to do it? The donor said the accepted contract, there is no express provision must be written. However, according to the “Urban Real Estate Management Law” provides that the contract of gift housing should be written contract. However, here are two situations to be treated. One is the gift of parents and minor children real estate, because the guardian identity of parents and gamblers coincide with the identity, there is no need to sign a gift contract with the child’s consent. However, to the Housing Authority for property change procedures, still have to issue their parents “gift book.”