First, keywords: buy a house under the name, check out.
1. Typical case:
In 200 1 year, Lao Xu participated in fund-raising to build a house in the name of his friend Xiao Chen, and contributed 654.38+million yuan. The remaining 400,000 yuan was paid by a loan in the name of Xiao Chen, and the repayment was made by a bank card in the name of Chen Xiao. When buying a house, the relationship between the two sides was very close. Xiao Chen also signed a letter of commitment to Lao Xu, stipulating that the house held by Xiao Chen belongs to Lao Xu. If Lao Xu needs it, Xiao Chen will transfer the house to Lao Xu's name, provided that Lao Xu bears all the expenses. But it didn't last long. When Lao Xu needs a house to marry his son, Xiao Chen is not fit to participate in the transfer formalities. Lao Xu then sued Xiao Chen to the court, asking Xiao Chen to assist him in handling the property transfer procedures of the house involved. In the lawsuit, although Xiao Chen recognized that the letter of commitment was issued by himself, he thought that the letter of commitment was not actually fulfilled, and the house was funded by himself. Lao Xu's claim had exceeded the limitation of action.
2. Court decision
After trial, the court held that the letter of commitment signed by Lao Xu and Xiao Chen was a voluntary act of both parties, which did not violate the mandatory provisions of laws and regulations and should be valid. In this case, Lao Xu and Chen Xiao used to be friends, and now Lao Xu holds the commitment letter signed by both parties, the relevant documents of the house purchase contract, the property right certificate of the house involved, the vouchers for paying the house price, returning the loan and paying other expenses, and the house involved has been actually occupied by Lao Xu. In addition, the statement that Lao Xu bought a house in the name of Xiao Chen is more reasonable and natural than Xiao Chen's negative statement, which can prove that the two sides have reached a consensus that Lao Xu bought a house in the name of Xiao Chen, and the housing rights and interests are expressed by Lao Xu. Therefore, the court found that there was a contractual relationship between the two parties in the name of buying a house, and sentenced Chen Xiao to transfer the house to the name of Lao Xu.
Second, the main points of understanding the law:
1, pay attention to evidence retention. According to the rules of evidence, the party who advocates the establishment of a house purchase contract by borrowing a name needs to bear the burden of proof, so the burden of proof is great for the borrower. In practice, evidence can be provided from the perspectives of whether the house purchase agreement is signed in the name of loan, the holding of original house purchase information, the payment of house payment, the actual control right of the house, etc., to ensure the advantage in the lawsuit.
2. Find the right claim. In practice, after buying a house in the name of a celebrity, many people choose to list the litigation request as a request to confirm the ownership of the house. As we all know, according to the rules of real right change, the real right of real estate is to be registered. Therefore, such claims for confirmation of rights are generally not supported. Therefore, the correct litigation request in buying a house under one's name should be listed as: requesting the other party to cooperate in transferring the house to his own name.
3. See if it can be realized. As mentioned above, the correct application should be for transfer. However, there may be some legal obstacles to the transfer, such as the house has been mortgaged to the bank because of the loan. At this time, if you want to successfully get back Fang Ya 1, you still need to pay off the loan and get rid of the mortgage.