How long after divorce can I buy a house and how long after divorce can I buy a house

Frequently Asked Questions about the Divorce Purchase Restriction Policy.

On August 5, 2021, the Municipal Housing and Urban-Rural Development Commission issued the "Announcement on Further Improving the Purchase Restriction Policy for Commercial Housing" (hereinafter referred to as the "Announcement"), and the common problems and implementation standards concerned by all sectors of society are answered as follows: The "Announcement" does not apply retroactively.

That is, before August 5, 2021 (inclusive), divorced families that have gone through divorce formalities or have filed a divorce application with the civil affairs department will still be implemented in accordance with the original policy.

1) Households with household registration in Beijing (families in which both husband and wife or one of them are registered in Beijing), including families of active military personnel and armed police officers stationed in Beijing, and families holding a valid "Beijing Work and Residence Permit".

A and B families who have 2 or more housing units in their names before divorce and apply for and go through divorce procedures after the issuance of the "Announcement" are divided into the following three categories: 1Category 1.

A or B have not remarried or remarried within three years after divorce.

Regardless of how the property is distributed at the time of divorce (the property is all owned by A, or the property is all owned by B, or the property is divided into A and B), and regardless of whether the property is transferred out after the divorce, A or B are not allowed to buy a house in Beijing within three years from the time of divorce.

2.Category 2.

After the divorce of A, B, one or both parties remarry and form a new family.

After remarriage, if the new family meets the city's housing purchase restriction policy, they can buy a house in Beijing, but it should be emphasized that the new house cannot be signed by A (or B) alone.

3.Category 3.

A or B remarries after divorce.

It is deemed to have restored the original family status, and whether the house can be purchased shall be determined according to the number of housing units owned by the family at that time, and according to the qualification of the married family in the city to review the purchase of the house.

2) Non-registered households in the city (in line with the payment of social security or individual income tax for 5 consecutive years).

If the family owned one or more housing units under the name of the family before the divorce and applied for and went through the divorce formalities after the issuance of the Announcement, if they did not remarry or remarry, regardless of how the real estate was distributed at the time of divorce and whether the real estate was transferred out after the divorce, A or B are not allowed to buy a house in Beijing as a single person within three years from the time of divorce.

However, if the remarriage or the remarriage of both parties is remarried, it shall be determined according to the number of housing units owned by the family after the remarriage or remarriage, and according to the qualification of the married family to review the purchase of the house.

3) Families who intend to buy a house in Tongzhou District.

On August 15, 2015, the city issued the Notice on Strengthening the Management of Commercial Housing Sales in Tongzhou District (Jing Jian Fa [2015] No. 12) to implement a differentiated purchase restriction policy for Tongzhou District.

If A and B meet the conditions for buying a house in Tongzhou before the divorce, after the divorce, one or both parties apply for a house as a single family, and if they still meet the purchase restriction policy of Tongzhou District, they can buy a house in Tongzhou District.

Finally, please note that the three-year review from the date of divorce is based on the number of housing units owned by the original family before the divorce.

At the same time, our committee will work with the Civil Affairs Bureau, the Municipal Public Security Bureau, the Beijing Taxation Bureau and other relevant departments to strengthen monitoring, and will start key monitoring procedures for people who have repeatedly married or divorced in a short period of time and newly purchased houses, and will investigate legal responsibility for fraudulent purchases, and those involved in criminal offenses will be handed over to the public security organs for handling.

There is no clear rule on how long you can buy a house after a divorce, as long as the divorce takes effect. However, if the spouse remarries after the divorce and the property owned by each party before the marriage is personal property and is not recognized as the joint property of the husband and wife, if the party who owns the property such as real estate does not agree to change the registration or treat it as the joint property of the husband and wife, the other party will bear a great loss.

Legal basis] According to Article 32 of the Marriage Law, if a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

How long after divorce can you buy a house, the law is not clear. When to buy a house is an individual right. How Long After Fake Divorce To Remarry After Buying a House.

1. Remarriage is a legal act, and if a man and a woman voluntarily request the resumption of the relationship between husband and wife after divorce, it means that the relationship between the parties has not completely broken down, or that the cause of divorce has been eliminated. In this case, the law allows the parties to re-establish the marriage. In fact, there is no time limit for remarriage after divorce, you can do it at any time, as long as the relationship has not broken down.

2. However, if you fake a divorce for the purpose of buying a house, it is better to buy a house for a year before you can remarry. The process of buying a house in a fake divorce is simply to go through the divorce process by agreement, and when the house is in hand, find an opportunity to go through the remarriage process.

1. After negotiation, the husband and wife write a divorce agreement.

2. Bring the documents of both parties, including household registration book, ID card, marriage photo, divorce agreement, and barehead** to the local civil affairs bureau for divorce registration. (For details, please refer to the Divorce by Mutual Consent Process).

3. After examination and verification, the civil affairs department will issue a divorce certificate and cancel the marriage license, and the relationship between husband and wife will be dissolved when the parties obtain the divorce certificate.

4. After getting the divorce certificate, the suitable party goes through the procedures for buying a house until the house is in hand.

5. After everything is done, after a while, find an opportunity for the two to remarry.

Normally, the real estate management department does not have special requirements for buying a house after divorce, and only needs to divide the real estate after marriage clearly and clarify the real estate under the name.

If you don't have a property in your name after the divorce, buying a house should be counted as the first house and you are eligible to buy a house.

But since you are planning to buy a house through a loan, you need to look at the relevant policies of the bank. At present, many banks have issued policies for divorced people who apply for the first home loan, they must be divorced for more than one year before they can lend, plugging the loophole of "suspected fake divorce to buy a house", that is, when the bank reviews, for the borrower who has jointly owned the property between the husband and wife during the existence of the marital relationship, although there is no real estate in his name after the divorce, it must be more than one year after the divorce to meet the requirements of issuing the loan according to the first home loan standard; Or it may be required to be divorced for more than 3 months before you can apply for a mortgage.

Therefore, it is recommended to consult the local bank directly to confirm whether you are eligible to take out a loan to buy a house immediately.

After the divorce, as long as there is no previous loan record, it will be obtainedDivorce certificateYou can buy a house the next day.

If the divorce is more than three months old, a single certificate from the Civil Affairs Bureau is required.

The house bought in this way is considered the first home.

If you want to enjoy various tax exemptions and loan concessions according to the purchase of the "first home", you must apply for it by the buyer himself, with the purchase contract.

and identity documents, and submit the application to the district and county real estate transaction center where the purchased house is located.

Whether the party's property is the first house and how long the divorce is not directly related, mainly depends on whether the party has real estate in the name of the party, the party wants to enjoy the treatment of buying a second house after the divorce is considered the first house, it depends on whether it meets the conditions: whether the party is the first house and how long the divorce is not directly related, it depends on whether the marriage has the experience of buying real estate as a co-repayer, if it is a co-repayer, it cannot be counted as the first house.

If the parties have property rights in their names, no matter how long the divorce lasts, they will no longer enjoy the treatment of the first house.

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After the divorce, as long as the divorce procedures are complete, you can buy a house normally, but there are the following policy constraints:

1. If the divorce is less than one year old, the down payment ratio may be appropriately increased if the house is purchased during this period;

Divorced singles after April 4 are not defined as homeless families, and cannot enjoy the same priority lottery ratio as individuals without houses.

Nowadays, people who use "fake divorce" to buy a house can be said to be endless, especially in some big cities, although it may be possible to buy an extra house, but in fact, it is illegal, and the consequences are very serious once discovered. As this phenomenon becomes more and more serious, many owners who really want to buy a house are even more ignorant, how long does it take to divorce before they can buy a house? What is the process of buying a house after a divorce?

Let's talk about the basics with a brief understanding and caution.

Under the condition of meeting the purchase restriction policy, you can buy a house the day after you get the divorce certificate. Because the bank is now very strict about the identification of the first home, if the buyer has applied for a loan during the marriage, even if there is no property in the name after the divorce, the second purchase will be recognized as a second home, and the down payment ratio will be much higher.

Second, the process of buying a house in divorce.

1. Confirm the qualifications for buying a house.

Before buying a house, buyers must first confirm whether they are eligible to buy a house. Because the house purchase policy will be different in each place, it has little to do with the time of divorce. If the buyer has not applied for a loan and does not have a property in his name, he can buy the first house and enjoy its preferential policies if he meets the purchase restriction conditions.

If the buyer has a property in his name and meets the purchase restriction conditions, he can also buy a second home.

2. The process of buying a house.

If you have no experience in buying a house, you can choose a reliable intermediary company, and he will assist you throughout the entire process of buying a house.

Summary: If the buyer meets the local house purchase policy, he can buy a house the day after he or she officially gets the divorce certificate, but now there is a big difference between the down payment ratio of the first house and the second house, and if there is a loan during the marriage, it may be recognized as a second house. The above about how long it takes to buy a house after divorce and the process of buying a house after divorce are introduced here, I hope it will help you.

Legal Analysis: There is no clear rule on how long you can buy a house after a divorce, as long as the divorce takes effect. However, if the spouse who remarries after the divorce and the property owned by both parties before the marriage is personal property and is not recognized as the joint property of the husband and wife, if the party who owns the real estate or other property does not agree to change the registration or treat it as the joint property of the husband and wife, the other party will bear a great loss.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties;If an agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party on the basis of the specific circumstances of the property. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.