What if one party changes his mind and can't get married?
Did one person or two people write the name of the real estate license?
Who will pay for the loan to buy a house?
……
In real life, there are many real estate disputes caused by boyfriend and girlfriend breaking up. ...
Event playback
20 15 Xiao Wu and his girlfriend in Shenyang saved more than 40,000 yuan and chose a house in Hunnan New District of Shenyang. At that time, they applied for a commercial loan. In the purchase contract, Xiao Wu and his girlfriend are both owners.
The suite that Xiao Wu and his girlfriend bought is a down payment by installments. After buying a house for four years in a row, I still pay 35 thousand yuan every year, and the rest is a loan, with a total house price of 320 thousand yuan.
They jointly made a commercial loan in the bank, which was paid off in 30 years and repaid monthly 1700 yuan. Xiao Wu and his girlfriend bought this house with their savings of more than 20,000 yuan, but the good times did not last long. Xiao Wu's girlfriend broke up after returning to her hometown in Hebei at the end of October/October/May.
Two people a * * * forty thousand deposit, twenty thousand paid the down payment of the house, and twenty thousand left. Xiao Wu himself said that at that time, the two reached an oral agreement that the house belonged to Xiao Wu and the 20,000 savings belonged to the woman, but all this did not fall on the pen.
After breaking up, Xiao Wu didn't contact his girlfriend again. He said that he continued to repay the house loan every month, and also paid two down payments of 35,000 yuan and a maintenance fund of more than 4,000 yuan. Seeing that 165438+ the house will be handed over at the end of this year 10, Xiao Wu thought that the house still had the same name as his girlfriend, so he wanted to change the house to his own name. What he never expected was that his girlfriend refused Xiao Wu's request and blacked Xiao Wu out.
Now the house registration contract and the bank loan are in their names, the loan has not been paid off, and the ex-girlfriend is far away in Hebei, which makes Xiao Wu a headache. what can I do?
The reporter tried to contact the mother of Xiao Wu's ex-girlfriend The other party said she didn't know anything, and then hung up. The attitude of his ex-girlfriend's family made Xiao Wu a headache.
Question 1: The house loan has been repaid for more than two years. Can the house be changed to its own name?
Since Xiao Wu's property has now been mortgaged by the bank, if Xiao Wu wants to change the property owner, he must pay off all the loans, then redeem the house purchase contract and cancel it, and then make such property right changes. This also requires his ex-girlfriend to come out to cooperate.
Xiao Wu said that he was unable to repay all the loans at present, while the bank said that the loan relationship was between Xiao Wu and his ex-girlfriend and could not be changed to one person. The lawyer said that the best way at present is for Xiao Wu to go to Hebei and find his ex-girlfriend to solve this matter through consultation and carry out "creditor's rights justice".
If Xiao Wu's girlfriend refuses to cooperate, then Xiao Wu can only sue through the court.
Question 2: If my girlfriend goes back on her word and wants to fight for real estate, will she draw water with a sieve and give her half of the house?
The share of Xiao Wu and his girlfriend is actually the share of down payment, so the money for subsequent repayment, including the money for further repayment, is still Xiao Wu's. The largest part of the property belongs to Xiao Wu, and his girlfriend's share is only a small part, which may have an impact on him.
remind
Husband and wife borrow money to buy a house.
What should I pay attention to in law?
1 The written agreement shall have
Couples buy a house before marriage, and signing an agreement is a necessary prerequisite for * * * to buy a house. Before the two parties determine the relationship between husband and wife, they can sign an agreement with each other to confirm the source of the purchase price, their respective contributions and even the proportion of property they enjoy. A written agreement contains objective facts and the agreement of rights and obligations of both parties. If there is a dispute, evidence can be found in time to avoid more serious disputes in the future.
2 clear specific rights and obligations
At present, banks are particularly strict in approving personal mortgage loans. Unmarried couples borrow money to buy a house, and one party has a bad record. If they are unable to repay their credit cards, they are not allowed to apply for loans.
In the actual operation process, if the two parties who borrow money to buy a house are not spouses, an agreement shall be signed to clarify the loan rights and obligations of both parties. In addition, one party still has to bear the responsibility for the bank. If the feelings are not harmonious in the future, then the lender will bear this huge "foreign debt" alone.
It is very important to sign a house purchase contract.
According to the provisions of the Marriage Law, the property before marriage belongs to each other and will not be converted into the joint property of husband and wife because of the continuation of the marriage relationship, unless otherwise agreed.
If both parties pay for the house purchased before marriage, but only one party has a name, and the other party fails to reflect all the rights of the house in the house purchase contract, real estate license or related documents because of embarrassment or fear of affecting their feelings, then once faced with property division in the future, disputes will inevitably arise, and this party will be in a disadvantageous position where its rights and interests are easily infringed. In practice, the name is written on the house purchase contract, and you can ensure the registration on the certificate when you apply for the real estate license.
When buying a house, whether it is a new house or a second-hand house, the names of two people can be reflected when signing the contract, and both parties can agree on the proportion of real estate in advance. After dividing the property rights according to the share in advance, both parties can enjoy the property rights or undertake the property obligations according to their respective shares, which is not easy to cause disputes.
(The above answers were published on 20 16- 12-29. Please refer to the actual purchase policy. )
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