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First of all, it is recommended to communicate and coordinate with the child, if the negotiation cannot be reached, it is recommended to collect the transfer records at the time of purchase, or relevant supporting materials; It is recommended that it is better for the family to communicate on their own, or ask for the help of relatives at home; If it still doesn't work, it is recommended to find a lawyer to solve it, this is just a last resort.
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The question is, what's the best outcome you can think of?
If you want to assert your rights and interests, the only way is to sue or negotiate.
What is not good for you: you are a father, and once you sue your son, it will affect the family relationship to some extent.
How to choose, the main thing is yours.
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The house you paid for and wrote your son's name is actually an act of gift, and if your son is not filial and does not let you live in it, you can ask the court to withdraw the gift.
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In this case, you can directly contact the local department or neighborhood committee to assist in handling it. If it really doesn't work, you can also sue directly, and it will always have to be resolved, and you must have a home when you are old.
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Whose name is the house is whose house, you pay to buy a house for your son but can't get it, it depends on whether you have a house to live in, if you don't have a house to live in, your son can call the police to deal with it.
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Then you can negotiate with your son, if he doesn't give him a stay, you can go to the village committee to sue him, if not, you can go to the court to sue him, raising a child is to prevent old age, you gave him everything, but he can't give you a place to live, what is the use of such a son to him.
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At this time, if your son does not let the house, you can claim that your son will repay the money, not only the principal, but also the interest.
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You can have a good talk with your son, or you can find relatives and friends to talk and make peace, and the family is easy to deal with. If you really can't do it, you sue your son for failing to fulfill your maintenance obligations, and then take out the documents for the period of your payment at that time (the bank can print the statement).
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You pay for a house, but you can't live there. This kind of unscrupulousness, don't be afraid of the ugliness of the family, call the police. Children have the obligation to support the elderly, which is a principle that junior high school students understand.
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If the title to the house is in your son's name and you are the funder, do you have a way to live in it now, then you can go to the court and have to provide them with the money to buy the house at that time? It is in your name, how can the court decide at its discretion?
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Raising a child is like raising a donkey, raising a daughter is like raising a pig, and Jiao'er is not filial.
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Such a child is unfilial and violates morality.
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Hello, Title Deed.
It is a certificate that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "House Ownership Certificate".
It is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.
If the house you buy is not registered in your name, it cannot prove that you are the legal owner of the house. However, unless the relevant evidence can prove it, you can ask the real estate department to change the name of the household by presenting evidence to prove your claim. You should try to collect evidence that you own the house and transfer it as soon as possible, otherwise the house will not be owned by you according to the principle of property registration.
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First of all, the law stipulates that immovable property is subject to registration. If the title deed is someone else's, then the legal default is someone else's property. This is a property right.
Secondly, what is the relationship between you, as the actual funder, and the property owner, whether it is borrowing money to contribute or borrowing to buy a house. Whether or not borrowing a name to buy a house is suspected of covering up an illegal purpose in a legal form needs to be resolved through litigation between you. This is a creditor's right.
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This needs to tell the whole story of the matter, and pay for the purchase of the house by yourself, including the purchase contract, which you don't read or sign to pay the money?
If the purchase contract is signed by you. The money is also yours to pay. Then you can go directly to the housing management department to change the property rights. If there is a mistake in any link, the person or unit in which link will be responsible.
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You paid to buy a house, but the real estate certificate is not in your name, you only need to show valid evidence to prove that the house was bought by you, if you want to get the house back, you can come up with evidence to sue in court, or negotiate privately.
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As long as you have proof of contribution, you can prove that the money is from you, if there is no evidence, it is difficult to say, it can only depend on whether that person has a conscience to share a little bit with you, and you still have to carefully consider the issue of writing your name when buying a house.
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Hello, why didn't you consider writing your name when you paid to buy a house? Now if you want to fill in your name on the real estate certificate, you should now negotiate with the current owner of the property to negotiate to solve the problem, the owner of the property does not agree, it is best to have evidence that you paid to buy the house at that time, and the owner of the household does not agree You can take the evidence to sue the court.
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This is more troublesome, even if you pay, but the law is based on the name of the real estate certificate, unless you have proof that the house is your down payment, or you paid the mortgage. There is a bank statement.
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Find out who is the name on the title deed and go and talk to him about why the name is not yours.
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Why not your name, you bought a house and the title deed is someone else's name. Wake up, save your money.
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Then do you have a record of money transactions, and if you do, you can go to court, or find a lawyer.
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In this case, you have to find out the evidence that you paid for it, otherwise it will be difficult to tell.
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Legal Analysis: The house is owned by the registrant. A property right is legally effective by registration.
Whoever writes their name on the title deed will own the state, collective and individual ownership of the house, and will also be protected by the Constitution and laws. Housing rights are divided into property rights and creditor's rights. Housing regulations belong to the registrant of the real estate certificate, and the rights and interests are protected by law.
If a party makes a capital contribution, it may claim creditor's rights and require the real estate certificate registrant to repay the money by virtue of the proof of capital contribution. Therefore, the property rights belong to the registrant.
Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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Legal Analysis: The house is owned by the registrant. A property right is effective by registration. Whoever is written on the title deed belongs to whom the state, collective and individual ownership of the house belongs and is equally protected by the constitution and the law.
Legal basis: Civil Code of the People's Republic of China
Article 216 The immovable property register is the basis for the ownership and content of real rights.
The immovable property register is managed by the registration authority.
Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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Legal analysis: If there is evidence of the money contributed by the brother and the party, and the money can be proved by himself, it is unjust enrichment and you need to return it.
Legal basis: Article 985 of the Civil Code of the People's Republic of China of Zhongshou Zaohua Where the gainer obtains improper benefits without legal basis, the person who suffers losses may request the gainer to return the benefits obtained, except in any of the following circumstances:
1) Payments made for the fulfillment of moral obligations;
2) Repayment of debts before they become due;
3) Settlement of debts knowing that there is no obligation to pay. Envy of the potato.
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Legal analysisThe standard IOU should have the following contents: 1. The full legal names of the borrower and the lender should be clearly written; 2. The amount of the loan should be clearly written, including the uppercase and lowercase amount; 3. The time limit of the loan should be clearly written, including the start and end dates of the loan and the clear loan term; 4. The specific date, month and date of repayment should be clearly written; 5. The interest on the loan should be clearly written, the annual interest rate or monthly interest rate should be clear, and the total amount of loan interest (including uppercase and lowercase amounts) should be paid at the end; 6. The date, time and payment method of repayment of the principal and interest of the loan should be clearly written; 7. There should be a signature, handprint or handwritten signature of the borrower himself.
Legal basisCivil Code of the People's Republic of China Article 470 The content of the contract shall be agreed upon by the parties and shall generally include the following clauses:
1) The names and addresses of the parties, (2) the subject matter, (3) the quantity, (4) the quality, (5) the price or remuneration, (6) the period, place and method of performance, (7) the liability for breach of contract, and (8) the method of resolving the dispute.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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