General reasons why real investors register property rights in other people's names.
(1) Evade laws or policies
Buying real estate requires certain qualifications. In fact, buyers are not qualified to buy, and it is the most common situation that registered buyers are qualified to buy. For example, some people do not have the conditions to buy affordable housing. If they want to buy such a house, they can only buy it in the name of others.
(2) transfer property to avoid debt
If the debtor fails to perform the due debt, the debtor has the right to require the debtor to pay off the debt with all his movable or immovable property. In order to hide their property, some debtors maliciously evade their debts and register their houses in the names of others (usually relatives) in advance, giving debtors and courts the illusion that they have no property.
(3) Be greedy for petty gain and enjoy preferential treatment.
For example, only employees with urban hukou can enjoy housing provident fund loans. Property buyers are not qualified for such loans, so they apply for provident fund loans in the name of others.
(4) Simplify procedures and reduce taxes and fees.
For example, in order to avoid the inheritance tax that may be levied in the future, parents buy houses in the name of minors.
The risk of buying a house under one's name
(1) The registered buyer repents and refuses to recognize the purchase under his name or the registered buyer dies, and his heirs do not know or recognize the purchase under his name.
(2) The third party opposes the transfer of the property by the registered buyer to the de facto buyer. In practice, when the two parties agreed to buy a house in their own name, the real purchaser thought that the name had nothing to do with the spouse of the registered purchaser, and the real owner was himself. However, the spouses of registered buyers often object to the provisions of the marriage law, deny the fact of buying a house under their names, and confirm that the property is the joint property of husband and wife.
(3) The property is disposed of (transferred or mortgaged) by the registered purchaser or executed by the court.
Matters needing attention in buying a house under real name
1. If there is no malicious evasion of laws or policies, and the parties voluntarily sign the house purchase contract under the guise of freedom of contract, the house purchase contract signed under the guise of name shall have legal effect. However, it is best to state clearly in the contract: "After both parties negotiate to buy a house in the name of Party A, the house is purchased by Party B in the form of capital contribution, and the ownership of the house belongs to Party B, which has nothing to do with Party A", and sufficient evidence should be kept, such as original documents of capital contribution, such as passbook and purchase invoice. Because, once the person who registered to buy a house repents, if there is enough evidence to prove that the house was bought in his own name, the actual property rights talents are the real buyers. In fact, buyers may get the support of the court, and the false registration of houses can finally be corrected. However, if there is not enough evidence, and the real estate license is registered with the purchaser, the factual purchaser can only claim that the factual loan relationship requires the registered purchaser to return the house payment.
2. In addition, even if the house purchase contract under the name is valid, the registered purchaser will transfer or mortgage the house to a third person in violation of the agreement, and the third person will acquire the property. In fact, the buyer can't take back the property. Because according to the bona fide acquisition system of the Property Law, the third party trusts the contents of the real estate register or the house ownership certificate in good faith and has paid a reasonable price at the time of transfer. At the same time, after the transfer, it has been registered according to law, thus obtaining the ownership of the house, which should be protected by law. In fact, the buyer only has the right to claim compensation from the registered buyer.
3. If the registered purchaser cannot pay off the debts due, the creditor shall apply to the court for compulsory execution, and the court shall seal up and auction the property according to the real estate registration, resulting in the de facto purchaser losing the ownership of the house. If the nominal purchase contract is invalid, the actual purchaser who has paid can only ask the registered purchaser to return the purchase price. If the nominal purchase contract is valid, the actual purchaser can raise an execution objection to the court during the execution, claim the rights of the executed property and request the court to stop execution. According to the provisions of the Civil Procedure Law, the objection of the person subjected to execution to the outsider should be examined in accordance with legal procedures, and if the reason is untenable, it should be rejected; If the reason is established, the execution shall be suspended with the approval of the President.
The above is the knowledge about "buying a house by name" compiled by Win.com Bian Xiao. Buying a house in the name of others will involve many legal issues and many risks. Once you go back on your word after registering the buyer, if there is not enough evidence to prove that the house was bought in the name and the property certificate is registered by the buyer, it will be very complicated to handle it. Therefore, try not to buy a house under the pretext. If your situation is complicated, Win.com also provides online consultation service for lawyers. You are welcome to have legal consultation.
Life is inseparable from law, and legal traps are everywhere. We suggest that only by learning more legal knowledge can we enhance our awareness of distinguishing right from wrong and self-protection. Common real estate disputes, due to poor capital turnover of real estate mortgage loans, legally signed rental contracts for migrant workers, are likely to encounter illegal housing lease contract fraud if they are not careful. In today's overheated real estate, we must be careful of the legal traps in real estate transactions and house leasing.