If someone else buys a house in the name of a party, the property right of the house belongs to the party legally, and the rights and interests are protected by law. The parties are free to dispose of the property rights of the house, and the contribution made by others belongs to the creditor's right to the parties, and they may ask the parties to pay back the money.

During the five-year period when the parties hold the house, if they want to buy their own family house, they will be deemed to have bought two sets, with a down payment of 50%, and the loan interest rate will go up 1. 1 times.

Property law:

Seventeenth real estate ownership certificate is the proof that the right holder enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.

Article 39 The owner shall have the right to possess, use, profit from and dispose of his real estate or chattel according to law.

The local purchase restriction policy stipulates that:

(1) Beijing

1. Beijing 1 Housing (including new commercial housing and second-hand housing) purchase restriction:

(1) Households with 1 apartment registered in this city (including families of servicemen and armed police stationed in Beijing, and families with valid work residence permits in Beijing);

(2) Non-registered families who hold valid temporary residence permits in this city, have no housing in this city, and have paid social insurance or personal income tax continuously in this city for more than 5 years (inclusive).

2. Suspension of sales to Beijing:

(1) Households with two or more houses registered in this city;

(2) Non-local registered households with 1 apartment or above;

(3) Non-local registered families who cannot provide valid temporary residence permits and have paid social insurance or personal income tax payment certificates in this city for more than 5 years (inclusive).

② Shanghai

1. Shanghai 1 House purchase restriction:

(1) Households with 1 apartment registered in this city;

(2) Non-local registered families who have paid social insurance or personal income tax for five years or more in this city are restricted to purchase 1 house.

2. Suspend the sale of houses to them in Shanghai;

(1) Households registered in this city who already own two or more houses in this city;

(2) Non-local registered households with 1 apartment or above;

(3) Non-local registered families who cannot provide proof of paying social insurance or personal income tax in this city for five consecutive years or more.

③ Guangzhou

Households registered in this city are restricted to purchase 2 sets of houses (including newly-built commercial houses and second-hand houses, the same below); Families who are not registered in this city can provide proof that they have paid personal income tax or social insurance for more than three years in this city within five years before the date of purchase, and the purchase is restricted to 1 house. Non-resident families in this Municipality are not allowed to purchase houses by paying back personal income tax payment certificates or social insurance payment certificates.

④ Shenzhen

Families with registered residence in this Municipality (including those whose family members are registered residents in this Municipality) continue to implement the policy of restricting the purchase of 2 sets of housing;

Adult singles (including divorced) with household registration in this city are restricted to purchase 1 house in this city;

Non-local registered families who can provide proof of continuous payment of personal income tax or social insurance in this city for five years or more from the date of purchase are restricted to purchase 1 house;

Overseas institutions and individuals should purchase houses in strict accordance with relevant policies. The purchase time shall be based on the signing time of the purchase contract on the information system of the real estate administrative department of this Municipality.

(5) Suzhou

When applying for the purchase of the 1 apartment, non-registered families in this city shall provide the payment certificate of the accumulated personal income tax or social insurance (urban social insurance) of 1 year or above in Suzhou (including Wujiang District), Kunshan and Taicang within two years from the date of purchase; Suspend the sale of newly-built commercial housing and second-hand housing to 1 set and above non-local households; Suspend the sale of new commercial housing and second-hand housing to households with three or more sets of household registration in this city; Real estate development enterprises and real estate brokerage institutions shall not sell commercial housing to unqualified buyers. The purchaser shall provide relevant proof materials of the existing housing situation and issue a written commitment. In violation of the above provisions, the real estate transaction and real estate registration department shall not handle the relevant formalities. All kinds of foreign talents introduced in Suzhou shall be subject to the housing purchase policy of registered residents in this city with reference to relevant supporting documents.

This opinion applies to Suzhou City (including Wujiang District), Kunshan City and Taicang City.

The policy of restricting loans in various regions stipulates that:

(1) Beijing

The down payment ratio for purchasing the first set of ordinary self-occupied housing is not less than 35%, and the down payment ratio for purchasing the first set of non-ordinary self-occupied housing is not less than 40% (except for self-occupied commercial housing, two-limit housing and other policy housing). For households with 1 apartment, if they apply for a commercial personal housing loan again to buy ordinary self-occupied housing in order to improve their living conditions, the down payment ratio shall not be less than 50% regardless of the loan record; For the purchase of non-ordinary self-occupied housing, the down payment ratio shall not be less than 70%.

② Shanghai

If a resident family purchases the first set of housing (that is, there is no housing in this city under the name of the resident family and there is no commercial housing loan record or provident fund housing loan record) and applies for a commercial personal housing loan, the down payment ratio shall not be less than 35%.

If a resident family meets one of the following circumstances to apply for a commercial personal housing loan and purchase an ordinary self-occupied house, the down payment ratio shall not be less than 50%; Purchase of non-ordinary self-occupied housing, the down payment ratio shall not be less than 70%:

1, there is no housing in this city, but there are records of commercial housing loans or provident fund housing loans;

2. Own 1 apartment in this city.

③ Guangzhou

For families who purchase the first set of self-occupied housing by loan, for those who own/kloc-0 housing and have settled the corresponding housing loan, and apply for a loan to purchase ordinary self-occupied housing again to improve their living conditions, the minimum down payment ratio is 30%; For households that own 1 house and the corresponding housing loans are not settled, in order to improve their living conditions, they should apply for commercial personal housing loans to buy ordinary self-occupied houses again, and the minimum down payment ratio should not be less than 70%, and continue to suspend the issuance of housing loans for families to buy the third and above houses.

The minimum down payment ratio is 30% for the families of employees who apply for personal housing provident fund loans to purchase the first set of self-occupied housing, and the loan interest rate is the benchmark interest rate for personal housing provident fund loans; If a paid employee family who owns/kloc-0 apartment but has no housing loan record or has settled the corresponding housing loan applies for a personal housing provident fund loan to buy ordinary self-occupied housing again, the minimum down payment ratio is 30%, and the loan interest rate is 1.1times the benchmark interest rate; For the families of paid workers who own 1 apartment and the corresponding housing loans are not settled, apply for personal housing provident fund loans again to buy ordinary self-occupied housing. The minimum down payment ratio shall not be less than 70%, and the loan interest rate shall be 1. 1 times of the benchmark interest rate.

④ Shenzhen

If the purchaser's family name has no room in this city and there is no commercial housing loan record or provident fund housing loan record, the policy of minimum down payment ratio of 30% will continue to be implemented; If there is no room in this city under the name of the purchaser's family but there is a record of commercial housing loan or provident fund housing loan, the down payment ratio of the loan shall not be less than 50%; If the purchaser owns 1 house in this city under the family name, the down payment ratio of the loan shall not be less than 70%.

Second, fraudulently using loans in the name of others to buy a house

Someone borrowed money to buy a house in your name. Isn't your name on the property certificate? Is he willing? And you want to buy a house. If the above situation is true, how can such a high qualification be loaned? Even if you have a loan amount, it will be very low/the interest rate will increase and the interest rate will be high.

3. What are the risks for others to borrow money to buy a house in my name?

Legal analysis: 1. If it is a loan to buy a house, an agreement with the bank money. If this happens, the bank will only look for it and then find its own friends.

If he doesn't pay back the money on time, his bad credit record will be recorded in his name, and it will be very difficult to buy a house or apply for a credit card loan in the future.

3. Whether it is a loan to buy a house or a full house, help him buy a house with a down payment of 50%, and the interest rate will rise 15%.

Legal basis: Part III of the Civil Code of People's Republic of China (PRC) stipulates that if civil activities such as borrowing, buying and selling require security, a security interest may be established in accordance with the provisions of this Law and other laws.

Where a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide other legal guarantees.

Fourth, the house is registered in its own name, but the risk of using someone else's name to borrow money.

The house is registered in its own name, but it is risky for others to apply for a loan in someone else's name. If someone else is a lender and you don't repay the loan, the bank will find someone else to repay the loan first. If your house auction is not enough to repay the loan, execute other people's property. You can't repay with someone else's ID card, and it doesn't involve criminal responsibility. You borrow money with someone else's ID card, although it is someone else's name, but as long as someone else is not present to sign, the loan has nothing to do with others. Relevant legal basis: According to Article 32 of the Contract Law, if the parties conclude a contract in the form of a contract, the contract is established when both parties sign or seal it. Signature must be signed by himself or himself, and notarized power of attorney should be provided for signature. If someone else signs or prints, someone else is the debtor. Or there is evidence that the actual part or all of the loan funds are used by others, and others shall bear the obligation to repay. If the repayment is not made on time, the bank can enforce it.