How does the court make a judgment on buying a house under a borrowed name| Changchun Lawyer Team

There are various reasons and forms for choosing to buy a house. The implementation of the purchase restriction policy has led to frequent incidents of real name home purchases, resulting in confusion in relevant judicial practices and making it difficult to identify and regulate them in a timely and effective manner. It is particularly important to improve the judicial rules for buying houses under the guise of reputation. The purpose of this project is to summarize and improve the judicial judgment rules for nominal home purchases by introducing relevant regulations and theories.

The risk of buying a house by name: Changchun lawyer team

When investors purchase affordable housing and other policy housing in this name, they cannot obtain ownership of the property due to repeated defaults by the nominal property owner.

2. If you buy an ordinary house under your name and the registered buyer regrets and refuses to acknowledge the name, or if the registered buyer dies and his heirs do not understand and refuse to acknowledge it.

3. Third parties oppose the act of registered buyers transferring real estate to actual investors. For example, the spouse of a registered buyer often raises objections based on the provisions of the Marriage Law, denying the fact of purchasing a house under their name and requesting confirmation that the property is jointly owned by the couple.

4. The property is transferred or mortgaged by the nominal purchaser, or enforced by the court.

1. Reasons for buying a house by name:

(1) Avoiding laws and policies: 1. Avoiding purchase restriction policies; 2. Avoid loan restriction orders and other loan obstacles; 3. Simplify procedures and reduce taxes and fees;

(2) Compete for specific purchase discounts; Changchun Lawyer Team

(3) Hide real estate information;

If the subject is qualified, the intention is true, and does not violate the public interest, the nominal purchase contract is valid, and the borrower enjoys the rights and interests of the house. In practice, there are various forms of agreements for buying houses. At present, the implementation of purchase restrictions in China has led to the prevalence of "borrowing names to buy houses", but legal risks also exist. In practice, to avoid risks, it should be noted that if it is indeed necessary to purchase a house in name, the actual property owner should sign an agreement with the nominal property owner and determine the actual investor and rights holder of the real estate in writing. At the same time, the actual owner should bear the house payment and keep the payment voucher. In the event of future disputes, the actual buyer can protect their rights through judicial means and provide written evidence. Mortgage of real estate by nominal owners to actual owners is also a good way to avoid risks. The rules for inducing and responding to real name home buying behavior are beneficial for the judgment and decision-making of legal practice departments, as well as for people to avoid legal risks and achieve stability in the economic order of house buying and selling. Changchun Lawyer Team