Is it risky to buy a house in the name of others under the New Deal?

Reader Ms. Jiang has encountered such a problem. She said that when she got married, her family bought an 80-square-meter second-hand house because of poor economic conditions. After years of hard work, she has saved some money now. Looking at her growing son, she decided to buy a house. During the Spring Festival, she went to several buildings in the city and mentioned that she wanted to borrow money. The sales girl will ask, "Which suite is this? The second set requires a down payment of 60% and a higher interest rate. " After learning that Ms. Jiang already has a house, a sales girl proposed to buy it in the name of others. Although this avoids high down payment and high interest rate, Ms. Jiang is worried that it will bring unpredictable risks. ■ Answer lawyer Chen Qinglin: Generally speaking, buying a house in the name of others is in the name of immediate family members. The following situations may occur: First, purchase in the name of parents. If you buy a house in the name of your parents before marriage, in the legal sense, the property belongs to your parents. If there is a debt dispute between parents, the property may be pursued by creditors. If parents divorce, they may divide the property. If all this doesn't happen, the children will eventually inherit the property. But remember, only the only child can inherit completely, and if there are brothers and sisters, they must inherit separately. If you buy a house in the name of one of your parents after marriage, in addition to the above risks, you will also face the risk of your own marriage breaking up, that is, husband and wife are the same property, but they cannot divide the property because they are not in the name of husband and wife. The second is to buy in the name of the child. If the children are underage, in this case, the loan needs parents as guarantors, and the procedures will be more complicated when exercising the right to dispose of mortgage and transfer in the future; If the children are unmarried, in the legal sense, the property belongs to the children and they have the right to possess, use, dispose of and benefit from it; If the children get married, the property belongs to the children's husband and wife, and the risk is that the property will be divided after the children divorce. The third is to buy in the name of the fiance (wife). The property will belong to the party registered in the purchase contract or real estate license. If you break up halfway, there is basically no hope for the other party to get the property. Even if you can prove that you paid or repaid the loan together, the court will consider it a loan from one party to the other in order to maintain the security of the transaction. The fourth is to buy in the name of brothers and sisters and grandparents. Buying a house in the name of these people is bound to face great risks. Even if it is operated by private agreement, once the other party reneges, there is basically no hope of getting the property, and at most, the paid house purchase money will be returned. Even if all goes well, in the final stage of inheritance, because brothers and sisters, grandparents are the second-order heirs, the inheritance relationship is complicated, and there will be many claims on property, and how much property can be obtained is unknown. Finally, the lawyer reminded that the risk of buying real estate in the name of a person without any relatives is immeasurable, because the confirmation of real estate ownership is subject to the real estate license. ■ Reminder, aside from the risk issue, we will calculate an account separately. Is it more cost-effective to buy and bear the interest rate increase of 10% in your own name, or is it more cost-effective to transfer it later? Lawyer Chen Qinglin believes that if you buy in the name of others and transfer it by sale in the future, you need to consider relevant taxes and fees; If it is purchased in the name of others and needs to be given away, it is necessary to collect real estate appraisal fees, notarization fees and deed taxes; If you buy a property under your parents' name, you will face the problem of inheritance in the future. At that time, you have to evaluate the property first, and you need an evaluation fee, and then a notarization fee. Therefore, it is not cost-effective to buy a house in the name of others, or you have to calculate it yourself.