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If there is a name on the two real estate certificates, you can buy a house again, which belongs to the third property of an individual, and you can only make a one-time payment, and you can no longer apply for a bank mortgage loan to buy a house.
On April 17, 2010, in order to resolutely curb the excessively rapid housing prices in some cities, the "Notice on Resolutely Curbing the Excessively Fast Housing Prices in Some Cities" was issued, referred to as the "New Ten Articles", which stipulates that various types of property speculation and speculative housing purchase should be strictly restricted. In areas where commercial housing is too high, too fast, or too tight, commercial banks may suspend the issuance of loans for the purchase of the third or more housing units according to the risk status; The issuance of housing loans to non-local residents who cannot provide proof of local tax payment or social insurance payment for more than one year will be suspended. Local people** can take temporary measures according to the actual situation to limit the number of houses purchased within a certain period of time.
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It depends on whether there are restrictions on the purchase of the city where you buy the house, and if so, you can only buy the corresponding number of houses in that city. The house can definitely be bought, it's just a matter of buying more or less.
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To be able to buy a house is nothing more than to decide that you are the first house and in terms of payment or something.
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Legal analysis: Normally there are two copies, both of which are ownership certificates, with the same content, the first column"Homeowners"Different (each book has only one name), another page"P.S"Indicate the name of the co-owner.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 60: The State implements a system of registration and issuance of certificates for land use rights and housing ownership.
Article 61 To obtain land use rights by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and after verification by the local people's land management department at or above the county level, the people's land use right certificate shall be issued by the people at the same 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 land use right certificate to the local people's real estate management department at or above the county level, and the local people's real estate management department at or above the county level shall verify and issue a certificate of ownership of the house chain Hu Fang. When the 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 the registration of real estate change, and apply to the people's ** land management department at the same level for the registration of land use right change 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.
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Legal analysis: When buying a house, write a person's name, and you can't add your name when applying for a real estate certificate, because when you go through the first registration, the real estate certificate must be consistent with the name of the contract. However, it is possible to add another person's name to the title deed later.
1. If there is no loan for the house, the husband and wife can jointly apply to the housing registration agency for the registration of the change of ownership of the house with their ID cards, marriage certificates, property agreements agreed to be shared by both parties, and house ownership certificates, and receive the real estate ownership certificates in the names of both parties. 2. If there is a loan for the house, the house that has already applied for other warrants cannot be changed separately. If the relevant registration is required, the consent of the mortgagee should be obtained and the mortgagee should assist in the relevant registration.
But in general, the bank will not agree.
Legal basis: Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property
Article 37 Those who apply for the registration of the right to use State-owned construction land and the change of ownership of houses shall, according to different circumstances, submit the following materials:
1) Certificate of ownership of immovable property;
2) The materials that have been changed;
3) The approval documents of the people** or the competent department that have the right to approve;
The contract or supplementary agreement for the transfer of the right to use state-owned construction land;
5) State-owned construction land use right transfer price, taxes and other payment vouchers;
6) Other necessary materials.
Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:
1) Certificate of ownership of immovable property;
2) Contracts of sale, exchange, and gift;
3) Materials inherited or bequeathed;
4) Dividing and merging clan blind agreements;
5) Legal documents effective by the people's courts or arbitration commissions;
6) The approval documents of the people** or the competent department with the right to approve;
7) Proof of payment of relevant taxes and fees;
8) Other necessary materials.
If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.
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Legal analysis: You can do without a loan, but if you have a loan, you can't.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 36 For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law. Good hands.
Article 41 For the transfer of real estate, a written transfer contract shall be signed, and the contract shall specify the method of obtaining the land use right.
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If the names of the husband and wife are written on the title deed, it will indeed affect their purchase of a second home. Because in China's marriage law, it is clearly stipulated that after marriage, if there is no separate division of the year, the vast majority of property belongs to joint property, which means that the name written on the real estate certificate not only plays a strengthening role, but also can directly prove that the house belongs to the two of them, unless it can be proved that these properties are paid by one person in the future. So for them, once the name is written, it does affect the purchase of a second home.
First, it will affect the purchase of a second home. This is mainly due to the fact that in many areas there is a limited purchase policy, in addition to reviewing their social security and salary conditions, it will also look at whether they have purchased a house before. Sometimes, even if you have bought a house before and sold it, you will think that it is a second home, and when you buy it, you will not only have to pay a higher down payment, but also have a higher interest rate on the loan.
Second, how can this be prevented? Therefore, this has led to many couples who want to avoid the purchase restriction policy in some regions and will choose to divorce, because in this way, they can do a good job of dividing the property. At this time, both the husband and the wife can buy a house in the local area as a free person, but if the name has been written on the real estate certificate before, it can affect the purchase of a second house, so don't worry about your own ownership of the house, because in my country's marriage law, it is stipulated that the name of the ruler Li on the real estate certificate is the same.
Thirdly, what are the benefits of writing a person's name? Writing a person's name, in addition to being able to go through the formalities, is more efficient and convenient, because only one person needs to come forward, and when you can buy a second house, you can enjoy more preferential policies, which is also better for subsequent development.
Hello, please pay attention to the details.
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OK. The man is deliberately bad.
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Yes, there can only be one person's name in the property owner column on the property ownership certificate, but there is no limit to the number of people in the property owner column. The names of the people on the title deed have nothing to do with the loan.