Does the gift of real estate affect the first home?

Whether the gift of real estate affects the first home depends on the relationship between the donor and the recipient. There is no purchase limit for gifts between immediate family members. This means before the gift; after the gift, the property has been transferred to the name of another person. Naturally, it is counted as one house in the name. Buying a house after having one house is counted as a second house. As for loans, You need to distinguish whether it is a provident fund loan or a commercial loan. If you are applying for a commercial loan, it will be calculated as a second home, and the commercial loan will apply for both the house and the loan. If you apply for a provident fund loan, it will be calculated as the first home loan. If you have not used a provident fund loan, even if you have a home under your name, you can calculate it as a first home loan when applying for a provident fund loan. In addition to donated real estate, other real estate acquired through unrestricted purchase methods, such as inheritance; when the real estate is transferred to your name, you will have a house in your name, and any further house purchased will be considered a second house. Article 657 of the "People's Liberation Army and Civil Code of the People's Republic of China" A donation contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the donation.

If the father donates the property to his son, can the son get a loan?

The father donates the property to his son, and the son can get a loan.

Legal Analysis

According to relevant legal provisions, as long as the house has a real estate certificate, a mortgage loan can be obtained for a house transferred from parents to their children. Real estate transfer refers to the process of obtaining real estate through transfer, sale, donation, inheritance, etc., and going to the house ownership registration center to go through the procedures for changing the property rights of the house. That is, the entire process of property rights transfer from Party A to Party B. There are several different situations of real estate transfer, including the transfer of inherited real estate, the transfer of donated real estate, the transfer of second-hand houses, etc. There are three ways to transfer real estate to children. The first is to transfer the property by transfer, that is, by buying and selling according to the transaction procedures. The second method is to handle the transfer by way of donation. First handle the notarization of the gift, then handle the house appraisal and appraisal, and finally handle the transfer. The third method is to handle the transfer by inheritance, but this situation needs to occur when one of the parents dies, and is not very common. The gift of real estate can be a gift between relatives or a gift between strangers. However, the gift of real estate needs to be transferred in accordance with the law, otherwise it will be invalid. The main procedures for transferring a donated property include signing a donation letter and notarizing it. Both parties will go to the Housing Authority to register with relevant information and identity certificates. Pay the taxes and fees and go to the Housing Authority to go through the transfer procedures. Real estate donations must be registered and reviewed by the real estate management authority, and the property rights transfer procedures must be completed. The recipient must pay taxes and fees in accordance with relevant regulations. Donations may not be made to evade legal obligations that should be fulfilled, such as debt performance, payment of labor remuneration, etc.; nor may they be made to avoid regulatory management, such as payment of taxes and fees. In short, real estate donations must not endanger the interests of the public or harm the legitimate rights and interests of others.

Legal Basis

"The People's Republic of China and the Civil Code"

Article 657 A donation contract means that the donor transfers his property free of charge A contract by which the donee expresses his acceptance of the gift.

Article 658: The donor may revoke the donation before the rights to the donated property are transferred. The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts that cannot be revoked in accordance with the law and have the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled.

Article 659: If the donated property requires registration or other procedures according to law, the relevant procedures must be completed.

Can I get a mortgage if I donate a house?

As long as the title of the house is clear, you can apply for a mortgage loan.

The bank requires that the donated house must be a gift between relatives. The gift relationship between strangers requires at least 3 months of holding the real estate certificate before you can apply for a mortgage loan.

Does a loan from a donated property require the signature of both spouses?

If the remaining property is used for a loan, it requires the signature of both husband and wife. This is not necessarily the case. If it is an individual, of course it is not necessary. If the gift is used for a loan by both parties, of course both parties need to sign together.

Can parents sell their house to their children for mortgage?

Legal subjectivity:

Yes.

The seller only needs to apply to the bank for early repayment (usually after one year of repayment, that is, 12 installments, the bank will not charge liquidated damages for early repayment), and then release the mortgage on the house. However, if the house seller asks for a one-time payment, and then uses the purchase money to repay the bank loan, and then takes out the property ownership certificate and releases the mortgage to go through the transfer procedures, you should be cautious at this time. This operation is very risky, and it is best to consult a professional. Accompany or provide guidance.

Legal objectivity:

Article 37 of the "Real Estate Management Law of the People's Republic of China" The act of transferring one's real estate to another person. Article 38 The following real estate shall not be transferred: (1) Land use rights obtained by transfer do not meet the conditions stipulated in Article 39 of this Law; (2) Judicial and administrative agencies have ruled or decided in accordance with the law Seizing or restricting real estate rights in other forms; (3) Recovering land use rights in accordance with the law; (4) Owners owning real estate without the written consent of other owners; (5) Ownership disputes; 6) Failure to register and receive the ownership certificate in accordance with the law; (7) Other situations where transfer is prohibited by laws and administrative regulations. Legal basis: Article 86 of the "House Registration Measures" When house ownership is transferred in accordance with the law, and if you apply for house ownership transfer registration, you must submit the following materials: (1) Registration application; (2) Identity certificate of the applicant; (3) House ownership certificate; (4) Certificate of homestead use rights or collectively owned construction land use rights certificate; (5) Materials proving the transfer of house ownership; (6) Other necessary materials. When applying for transfer registration of villagers' housing ownership, they must also submit documentation proving that the rural collective economic organization agrees to the transfer. When a rural collective economic organization applies for registration of house ownership transfer, it must also submit certification materials that have been approved by the villagers' meeting or authorized by the villagers' meeting and approved by the villagers' representative meeting.

This is the end of the introduction about whether a donated property can be loaned and whether a donated house can be loaned. Did you find the information you need?