Ask question 10 about title deeds

After buying a house with a mortgage, it is normal to have only one set of mortgage contracts in hand, including a house purchase contract.

The certificate is mortgaged in the bank, and after the loan is completed, it must be revoked at the housing authority before it is given to me. The land certificate is processed last.

Normally, if you have the original purchase contract in your hand, it means that the real estate certificate of your house is in the process of being processed.

If the real estate certificate has been issued, because you are buying a house with a loan, the developer must register the real estate certificate with the land bureau and mortgage the real estate certificate to the bank. And only one copy of the mortgage contract is in hand.

Generally speaking, the bank will not accept your real estate certificate, and the real estate certificate is also obtained by yourself. You yourself have mentioned that you have other proof of rights, and this is to be handed over to the bank, because the bank will use this certificate to lend money to your family. Applying for a loan and getting a loan contract does not mean that the loan is over.

If you are buying an off-plan property now, after the developer's large property certificate comes out, the developer will take his large property certificate and land certificate to the trading center where your city is located to apply for a small property certificate for each of your households. Generally speaking, the developer will have an agreement in your purchase contract when applying for a large property certificate (if there is no agreement, then you will be miserable).

If you are buying a second-hand house, you should go to the real estate transaction center to go through the transfer procedures of real estate rights after signing the house sales contract and completing the loan contract, and there will be a receipt after the completion of the process. The dealing center will inform you when you can come to him to get the title deed in your name. When you go to get a new title deed, the trading center will give you the title deed and other proof of rights, but there is no land deed.

Because the land is owned by the state, the content of the land use right is shown in the real estate certificate.

If you are buying affordable housing now, then there is a provision that you will not apply for a small property certificate within 5 years, because the people who buy such a house are generally laid-off workers and belong to the subsidy. So you can only live.

Take a closer look at what kind of situation you fall into, and then see if you deserve it.

Normal! No problem! In your hands are the mortgage contract and the purchase contract, and the three certificates are in the real estate office.

In the case of division of the jointly owned property acquired by the husband and wife during the marriage, one and a half of the jointly owned property shall be divided into the spouse's possession and the remainder shall be the inheritance of the decedent".

Article 9 of the Inheritance Act stipulates that "after the commencement of inheritance, the inheritance shall be carried out by the heirs in the first order". "The first order is spouse, children, and parents." According to the above-mentioned laws and regulations, although the mother's name is not on the real estate certificate, as long as the house is acquired during the existence of the relationship between the parents and the husband and wife, one-half of the property belongs to the mother's personal property.

Before dividing the father's estate, the 1/2 belonging to the mother shall be divided to the mother. The remaining 1 and a half properties belong to the father's estate. The father's estate shall be divided and inherited equally by the father's parents, wife and children in principle.

It depends on the actual proportion of contribution, who contributes is who's, if your mother has a certificate of capital contribution and invoices, transfers and the like can prove that your mother has property rights, of course, during the period when the husband and wife live together, your father participates in the repayment of the loan, and your father also has a share, if there is no will, your grandparents also have the right to inherit.

Yes, the house was bought after they got married, and the divorce is personal property.

Then you have to look at what was the verdict on the divorce agreement at that time.

It depends on the actual proportion of capital contribution, who contributes is who's, your mother has a certificate of capital contribution and invoices, transfers and the like can prove that your mother has property rights, of course, during the period when the husband and wife live together, your father participates in the repayment of the loan, then there is also a share, if there is no will, your grandparents also have the right to inherit.

1. First of all, look at whether the property was bought during your parents' marriage? If not, then the property purchased before marriage is personal property, and it is personal property in proportion to the total price of the real estate contributed by the individual; 2. It depends on whether the divorce agreement divided the property when your parents divorced? The divorce agreement shall prevail; 3. If the divorce agreement does not deal with the property and is bought by your parents after marriage, then divide the property first and divide your father's share, and if there is no agreement, it will be half of the real estate share and distribute it to the heirs.

Article 10 of the Inheritance Act stipulates the order of succession:

Article 10 Scope of heirs and order of succession.

The estate is inherited in the following order: first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not.

If there is no first-order heir, the second-order heir shall inherit.

Your father should directly look at who the heirs are in the first line, there is no will, and the applicable legal inheritance is divided equally among all heirs.

1. It can be claimed that the house sale contract is invalid. The contract must be signed by the transaction party himself before the contract becomes effective on both sides of the transaction. According to what you said, the contract should not be signed by the fiancé himself, so you can file a confirmation lawsuit with the court on this basis, asking the court to confirm that the contract is invalid.

After the contract is invalid, the developer can be asked to return the payment. But at this time, your friend has to bear the responsibility for the negligence of the contract, and the developer himself is also at fault, and bears the responsibility for the lax review. After negotiation between the two parties, it is better to sign a new contract so that it is acceptable to both parties.

2. After the contract is determined to be invalid, it is enough to hold the court judgment and explain the situation to the housing authority with the developer and re-file the new contract with the new contract.

1. To go through the transaction procedures, the fiancé himself must agree to donate the property to her, and the transaction tax (according to the valuation) must be paid

2. Through some written form or witness, it is proved that this is a dowry. The money was paid by the woman. Ask the court to demand the return of the property. There is a certain amount of risk.

3. The key is to be able to negotiate properly.

It's more troublesome. Why was his fiancé's name written at the time? The average person wouldn't do that.

If you want to change the contract information, you can only find her ex-boyfriend, because from your question, although the property right certificate of the house has not been done, but the developer is facing the delivery of the house, and the contract has probably been taken to the housing authority for the record, so even if the contract is changed, it is a name change, just like the transfer of the real estate certificate, and you have to pay the transfer fee and tax, which is not cost-effective. If this is true, unless you have a relationship with the developer, and the premise is that the contract has not been filed with the housing management, no one will take such a risk to change the contract for you. So I suggest that your friend should still talk to her ex-boyfriend to make it clear, and try to get his cooperation to change the house certificate as soon as possible.

Because it wasn't his stuff in the first place. If her boyfriend doesn't agree, then she should gather evidence to prove that the money came from her family and go through the legal process. Of course, this is the most troublesome procedure, or to get the cooperation of her boyfriend, everyone understands the reason, and her boyfriend has no tangible evidence, so it doesn't matter at all, as long as it is a reasonable person, he will definitely cooperate.

What else can be done other than to prosecute? Consult with a lawyer to determine what the odds are.