-
No, it's the first home. The specific criteria for identifying the first home are as follows (for your own reference).
1. If you have taken out a loan to buy a house, the commercial loan has been settled, and then you have a loan to buy a house - it is the first set.
2. If you have bought a house with a loan and later sold it, you can't find the property through the housing registration system, but you can find the loan record in the bank credit system, and then take out a loan to buy a house - the first set.
3. I have bought a house in full and bought a house with a loan - the first set.
4. I bought a house in full, and later sold it, and the housing registration system could not find the property, so I took out a loan to buy a house - the first set.
5. The individual has a record of two commercial loans under his name, all of which have been paid off and can provide proof of two houses, in this case, when refinancing - the first set.
6. There is a commercial loan under the individual's name that has been paid off, and the other is a provident fund loan, and at the same time, he can provide proof of housing, apply for a commercial loan and then buy a house - the first set.
7. Husband and wife, one party uses a commercial loan to buy a house before marriage, and the other party uses a provident fund loan to buy a house before marriage, and the two want to take out a joint loan in the name of husband and wife after marriage. If the loan has been repaid, the banking financial institutions can flexibly grasp the loan interest rate and down payment ratio according to the borrower's solvency, credit status and other specific factors.
8. Husband and wife, one party has a house before marriage but no loan record, and the other party has a loan record before marriage but no real estate in his name, and applies for a loan after marriage to buy a house - the first set.
-
After buying a house, the business loan has been settled, and then the loan to buy a house - the first one.
-
Not counted. In any of the following circumstances, it shall be deemed to be a second suite. If the borrower applies for the loan to purchase a house for the first time, if the borrower has registered one (or more) complete housing in the housing registration information system (including the pre-sale contract registration and filing system, the same below) in the housing registration information system of the place where the house is to be purchased.
The borrower has used the loan to purchase one (or more) housing and applies for a loan to purchase the housing; Due diligence by the lender in the form of credit investigation records, interviews, interviews (visits if necessary) and so on. For non-local residents who can provide proof of local tax payment or social insurance payment for more than one year to apply for housing loans, the lender shall implement the differentiated housing credit policy in accordance with Article 3 of this Notice. Article 1062 of the Civil Code of the People's Republic of China 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
-
Legal analysis: Buying a house after divorce is a second house, and both parties jointly take out a loan to buy a house after marriage, and one party applies for a loan to buy a house after divorce, which will be recognized as a second house.
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 parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
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.
Frequently Asked Questions about the Divorce Purchase Restriction Policy. >>>More
In the countryside, the house repaired after the divorce and marriage is in the name of the woman's parents, and the settlement is coordinated first, and if it fails, a lawsuit will be filed.
Children can return to their place of origin, and their children's household registration can rely on their parents.
Today I would like to share with you the topic of real estate division in divorce, which is also a concern of many customers, because the real estate contributors involved in the divorce case and the time of capital contribution will lead to different ways of division, so today I will mainly share with you the situation of who the divorce belongs to after the marriage when one party buys a house and divorces. Under normal circumstances, after marriage, one party buys a house with joint property belongs to the joint property of the husband and wife, (the principle of equal sharing, one party obtains the house, and compensates the other party according to the market; ** Housing, the income is divided equally; The two parties bid to obtain the ownership of the house, and the other party will be compensated according to the market). However, there are exceptions to the agreement. >>>More
In this case, the property belongs to the personal property before the marriage, but the part of the joint repayment of the property should be regarded as a loan from the bank and a personal debt of the buyer. Regardless of whether the loan is repaid individually or jointly after marriage, it is the expenditure of the common rights and interests of the husband and wife, and if the part of the loan repayment includes half of the rights and interests of the other party, one party must return it to the other party at the time of divorce. If it can be proved that the loan repayment funds are in the pre-marital property or otherwise agreed by the parties. >>>More