Is it worth it to divorce in order to buy a house?

I don't want to make moral kidnapping, and I don't comment too much on this matter, I just want to remind you: divorce is risky, and registration needs to be cautious! Leave the rest to economists and sociologists who study marriage.

In China's big cities, where housing prices are high**, what is the relationship between housing and marriage and divorce? I believe that this issue is worthy of serious investigation and consideration by scholars.

This should not be evaluated by whether it is worth it or not, after all, the actual situation of each family is different. It is advisable to make such a choice in a way that carefully considers the multiple circumstances that arise and is acceptable and acceptable to both parties.

Legal Analysis: Considering that the parties are going through the divorce to circumvent the purchase restriction policy, there should be a premise, that is, one of the spouses has one or more properties in his name. Therefore, after the divorce of the parties, if the party who does not have a property in his name buys a new property, the registered owner can only be one person, and the other party cannot become a co-owner, that is, the real estate certificate is in the name of the party who handled the purchase.

If the other party cannot provide sufficient evidence to prove that it is the actual funder or co-investor, or if the court investigates and verifies the background of the "fake divorce" between the two parties and considers this fact and determines that the property is still jointly owned by the parties, the other party who is not the registered owner is likely to bear adverse consequences. In addition, buying a house with a fake divorce took advantage of the loopholes in national policy. In general, it is difficult to detect, so there is no accountability.

However, there is a great hidden danger of fake divorce, and many of them make fake divorce come true. Even if they still live together after remarriage or divorce in the future, they will be held accountable after verification, that is, the second house discount will be cancelled and a certain financial penalty will be given.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Do the math how much it will cost you to renovate your home

With the continuous increase in housing prices, more and more people are focusing on relatively cheap second-hand houses. However, when buying a second-hand house, there are also many precautions to be clarified, otherwise there will be many disputes in the later stage. So can you buy a divorced house?

Which second-hand houses can't be bought? With these questions, let's take a brief look at them together!

Can you buy a house in a divorce:

Divorced second-hand houses can be bought, but the following issues need to be verified, first of all, the distribution of the house at the time of divorce, if it is jointly owned by the husband and wife, whether they agree to sell the house, whether there are relevant notarial deeds, etc.; secondly, confirm whether the owner's household registration is still in the house, and whether the time to move out is determined; Whether the house has debt problems, such as taking the mortgage and not paying off the loan.

Which second-hand houses can't be bought?

1. Second-hand houses without real estate certificates.

The title deed is a certificate that proves that the owner has the right to occupy, use, benefit and dispose of the house. If you buy a second-hand house without a real estate certificate, you cannot apply for a mortgage loan at the bank, and you cannot inherit or gift a house without a real estate certificate.

2. Second-hand houses without the consent of other property owners.

If the second-hand property is purchased involving more than one co-owner, then it is necessary to obtain the consent of all co-owners and sign the purchase agreement and transfer before buying the house. If there is a co-owner who does not agree. Even after the closing, the buyer can only move out.

3. Second-hand houses identified as dilapidated houses.

When buying a house, buyers should also understand the age and structure of the house they are buying, and at the same time, they should also judge whether the house is a dangerous house. If the house is in danger, it loses the value and meaning of living.

Summary: The above is the relevant content of can you buy a divorced house and which second-hand houses can not be bought, I hope to help friends in need. If you need to know more about relevant knowledge in the future, please pay attention to Qeeka Home information.

Enter the area and get the decoration for free**].

Legal Analysis: Preferential Policies for First Time Buyers:

1. Individuals who purchase an ordinary house of less than 90 square meters for the first time can enjoy the deed tax interest rate reduced to 1%.

2. Stamp duty and land appreciation tax are temporarily exempted.

3. The lower limit of the loan interest rate can be expanded to multiple of the loan benchmark interest rate, and the minimum down payment ratio is adjusted to 20%.

4. The interest rate of personal housing provident fund loans will be reduced by one percentage point respectively.

5. If an individual will purchase an ordinary house for more than 2 years and sell it to the outside world, the individual will not bear the business tax.

6. The housing registration fee for individuals to purchase ordinary housing and the handling fee for housing transfer for buying and selling stock housing are exempted.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between husband and wife Zheng Mo on the property acquired during the existence of the marital relationship and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the consortium property obtained during the period of the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Legal analysis: If you use a fake divorce certificate to fraudulently buy your first home, you may face both people and money, not only to pay the developer's compensation, but also to get into a lawsuit. At the same time, at the time of the "divorce", it was agreed that the property would be owned by one party, and the other party would be envious and clumsy.

Therefore, the use of "fake divorce" to circumvent the policy has a significant legal risk for the spouse who does not have a property, if the fake drama is really done, then it will be difficult for the party without property to be compensated, and its due share of the property will be likely to be lost. Moreover, even if the parties sign a supplementary agreement at the time of divorce to stipulate the ownership of the house, the agreement is not adversarial, and it is difficult for their rights and interests to be fully protected.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the intention of the parties to divorce voluntarily and the opinions of consensus on matters such as child support, property and debt disposal.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.