Question 1: Is it ok to buy a house in the name of a child? Customer Mr. Wang called the customer service center for consultation: recently, a branch introduced a house with a price of more than 1 10,000. Mr. and Mrs. Wang originally wanted to buy a house with a mortgage loan in the name of their children and wanted to avoid paying inheritance tax in the future, but the children are only 10 years old at present. So, can you buy a property in the name of such a young child? What's the procedure for buying a house like this? Analysis and answer: Parents can buy a house in the name of their children, but buying a house for their minor children requires parents' agency. Specific procedures can be divided into the following two situations:
(1) Buying a house in cash: parents choose a house for their children, and both parents hold ID cards, household registration books, marriage certificates (or divorce certificates) and proof of kinship at the same time (if the household registration books are together, the household registration books can be used as proof of kinship; if the household registration books are not together, birth certificates and proof of immediate family members issued by the police station are required. ), and write the child's name at Party B when signing the real estate sales contract. In this way, an effective house sales contract was established.
(2) Buying a house by loan: As applying for a loan from a bank requires the applicant to have a relatively stable job and a higher income, only in this way can the risk of bank loans be reduced. Moreover, the child has no income and cannot be a loan applicant. At present, the mortgage department in Dalian is not allowed to mortgage the property of minors, so if the child is the owner of the property or the owner of * * * *, he can't borrow money and can only buy it in cash.
Customers need to be reminded that although buying a house in the name of their children may play a role in evading the inheritance tax levied in the future, it will also cause parents to encounter problems: there are strict restrictions on the disposal of houses under the name of minors. It takes several years from buying a house to children's adulthood. During this period, the children's right to dispose of property should be exercised by their guardians as legal agents. At this time, the disposal of real estate will involve the protection of the rights and interests of minors. Therefore, when parents need to sell or mortgage real estate to obtain funds, unless the parents promise to use the obtained funds for their children's education, study abroad, medical treatment and other matters, and go through notarization procedures, the registration authority will not go through the formalities of transfer or mortgage registration. For parents, buying a house is easier than selling it.
Therefore, when customers have such plans, they must promptly remind customers whether to buy a house in the name of minor children, which requires careful consideration and caution.
Question 2: Can you buy a house in the name of a child? Lawyer's point of view: A citizen's capacity for civil rights begins at birth and ends at death. Therefore, regardless of children's age and health status, they are all people with civil rights and can become the owners of houses according to law, but minors need parents' agents to buy houses. This may bring the following problems: first, parents are not allowed to dispose of the property without authorization, such as selling or mortgaging it, unless it is for the benefit of their son, which is easier for parents to buy a house than to sell it; Second, when a son comes of age, parents have no right to dispose of property. At that time, if parents wanted to sell, give or mortgage real estate, they had to get authorization from their sons. Third, you can't avoid debt by doing so. According to the law, the debts owed by the family business should be borne by the family property, and the property you buy in the name of your children also belongs to the family property. We suggest that when dealing with large family property, we should consult a lawyer in advance to avoid unnecessary trouble.
Question 3: Can the house be mortgaged in the name of minor children? In real life, parents put property rights in the name of minor children for the following reasons: in order to avoid repeated payment of inheritance tax and related taxes when the property is transferred to their children in the future, they buy it directly in the name of their children; In order to avoid debts and transfer property, the property is directly registered in the children's name; Unwilling to reveal wealth, concealing property, and registering real estate in the name of children; When there is a crisis in the relationship between husband and wife, from the perspective of protecting the rights and interests of children, the property is registered in the name of the children; Provide convenience for children to go to school and find jobs, and may move their registered permanent residence after buying a house.
Parents can buy a house in the name of their children.
According to China's General Principles of Civil Law, a citizen's capacity for civil rights begins at birth and ends at death. Therefore, children, regardless of their age and health status, are all people with civil rights and can become the owners of houses according to law.
Buying a house for a minor child requires a parent's agent.
Just because a citizen has the capacity for civil rights does not mean that he has the capacity for civil conduct. In China, citizens' capacity for civil conduct can be divided into three types according to their age, namely,/kloc-persons with full capacity for civil conduct over 8 years old,/kloc-persons with limited capacity for civil conduct over 0 years old and persons without capacity for civil conduct under 0 years old. Only a person with full capacity for civil conduct can carry out civil activities independently. People with limited capacity for civil conduct can only engage in civil activities appropriate to their age and intelligence. A person without or with limited capacity for civil conduct needs his legal representative in other civil activities. Because buying a house involves a huge amount of subject matter, it is a major civil activity and can only be carried out by the parents of minors.
Specific procedures for parents to buy a house for their minor children. Can be divided into the following two situations:
(1) In the case of one-time payment, parents choose a house for their children, then bring the child's birth certificate or one-child certificate, household registration book, and the seal of the child and guardian, negotiate the contract terms with the developer, sign a commercial housing sales contract, write the child's name in the buyer's column and the signature place, and sign his name in the legal representative's signature place. In this way, an effective house sales contract was established.
(2) In the case of choosing a mortgage loan: As applying for a loan from a bank requires not only the applicant to have full capacity for civil conduct, but also a relatively stable occupation and high income, only in this way can the loan risk of the bank be reduced. Moreover, the child has no income and cannot be a loan applicant. Many banks don't accept the mortgage application of minors as the sole property owner, and the application for housing loan can only be made by legal representatives such as the father, mother and even parents of minors. Both the father or mother and the children should sign a contract for the sale of commercial housing, and then the father or mother will apply for a loan from the bank as a loan applicant. At the same time, three notarizations are needed: notarization of guardianship, notarization of real estate share (if you buy a house for your child, you can agree that the child's real estate share is 99% and the parent's share is 1%) and notarization of irrevocable joint and several liability commitment letter. The above notarization is mainly to prove that parents are completely willing to buy a house for their children and ensure that parents can make a mortgage for the bank. After the above procedures are approved, you can lend money to buy a house for your child.
Materials required for parents to register property rights for their children.
If a person without (limited) capacity for civil conduct applies for the registration of house ownership, and his parents act as guardians, he/she shall submit the identity certificate of the guardian relationship, the resident identity card or household register of the ward, and the household register proving the legal guardianship relationship. In addition, the commercial housing sales contract, the confirmation letters of the buyers and sellers about the house number, the measured area of the house, the house price settlement (the pre-sale of the house is submitted, but the existing house is not submitted), the house registration form, the household registration book, the special receipt for special maintenance funds (the house), and the deed tax payment or tax reduction or exemption certificate are also required. So the property can be registered in the child's name.
The benefits of buying a house in the name of a minor child are as follows:
1. Parents will register the house they bought in the name of their minor children for free, that is, their children's house. In the future, they don't need to "transfer", and they can save the deed tax, business tax, personal income tax, registration fee and other expenses.
2. You don't have to pay inheritance tax. Although inheritance tax has not been levied in China at present, if the children themselves are the owners of the house, of course there is no problem of inheritance. Even if inheritance tax is levied in the future, it will have no effect on children.
3. Personal property of children before marriage.
There is a lot of trouble in buying a house in the name of underage children.
1. The property of minor children is still in the family number.
The New Deal stipulates that the second set of housing is recognized as a family unit (including the borrower, spouse and minor children) and minor children. ......
Question 4: Can minors buy a house? How about buying a house in the name of a child? Minors can't sell their houses alone. Minors under the age of 10 are persons without capacity for civil conduct, and their legal representatives act as agents in civil activities. According to China's General Principles of Civil Law, parents of minors are guardians of minors, and parents, as legal guardians of their sons, have the right to register real estate.
When signing a formal house purchase contract, parents need to provide minor children's household registration book, parent ID card, guardianship certificate and other related materials before signing a contract for minor children.
If you buy a second-hand house, there is no online signing process and you can transfer the ownership directly. In this process, parents usually act as guardians to help them complete the transfer procedures. In addition to submitting materials according to the normal house transaction registration procedures, parents also need to submit some additional materials, including the child's household registration book or birth certificate, the guardian's ID card, the guardian's certificate and so on. After preparing all the materials, the guardian can go to the real estate transaction center to handle the house transfer procedures and transfer the house to the name of the minor children.
Advantages of registering a house in the name of a child
1. The taxes and fees transferred in the future can be evaded.
It is more economical and convenient to register the house directly in the name of minor children than to give and inherit, which can save a lot of taxes and fees, and you don't have to worry about collecting inheritance tax in the future.
2. Avoid the risk of family bankruptcy and leave a way out for family members.
This is still very important for families engaged in business and business activities. Houses registered in parents' names may be sealed up by banks if they encounter problems such as bankruptcy and insolvency in the future. If you register in your child's name, because it does not involve inheritance, it will not involve the child's property because of the parents' debts.
According to the law, if the creditor dies, if the debt is personal, his spouse and children have no obligation to repay it. If the husband and wife are in the same debt, the spouse has the obligation to continue to repay, and the children have no obligation to repay. Therefore, if parents go bankrupt due to debts, the house here will not be sealed up.
Don't worry about the property before marriage.
Although marriage will last forever, many things in modern society are uncertain. From the perspective of individuals and families, prepare pre-marital property for children in advance, without worrying about being divided by spouses after marriage.
The risk of registering a house in the child's name
1. If the child is underage, you can't get a loan.
If the purchase contract stipulates that the purchaser is a minor, the house cannot apply for a bank loan and can only pay the house price in one lump sum.
2. Parents shall not arbitrarily dispose of houses under the names of minor children.
The state protects the property of minors very strictly, so it may be more troublesome to transfer the house. The guardian must show a statement that the house is sold for the benefit of minors (such as serious illness requiring money for treatment or life and study needs). ), and must provide proof signed by the guardian to ensure that he has the qualification of guardian before selling the house under the name of the minor.
In other words, it is impossible for parents to mortgage their house if they are in financial difficulties.
Parents have no right to prevent their children from disposing of real estate.
Although the house was bought by parents, the children grew up with civil capacity and could only dispose of the house by themselves. If children do not fulfill their obligations to support their parents when they grow up, there will be great legal obstacles for parents to take back their houses.
Question 5: Can Shanghai buy a house in the name of a child? It is ok to buy a house in the name of a child, but it is a bit cumbersome! Yuqiancyh. After all, it is equivalent to buying a house for underage children. There are several points to pay attention to.
Can the child sign the contract in person?
Because the minor children don't have full capacity for civil conduct and can't sign a house purchase contract with the seller on their own, parents need to help the minor children sign a house purchase contract with the seller. Before signing a house purchase contract, parents should provide the household registration book, parents' ID cards, guardianship certificates and other related materials for minor children before signing a contract for minor children.
Can you pay less transfer tax?
In the second-hand housing transaction, whether buying a house in the name of parents or buying a house in the name of minor children, you must pay the corresponding taxes and fees. Moreover, if you buy the same property under two names, the amount of taxes and fees paid is the same.
However, parents buying second-hand houses in the name of minor children can avoid the taxes and fees that need to be paid when transferring the property to their children again in the future. If parents give their children a house, they need to pay 3% deed tax and other expenses. If the parents sell the house to their children, the house will be unique after five years, with an area of less than 90 square meters, and the deed tax of 1% is required. And if parents put the property right of the house directly under the name of their children when buying a house, there will be no problem of property transfer again, and these taxes and fees can be saved. "
Can I get a loan?
Although minor children can buy a house alone, they often have no ability to repay their debts, and the object of bank loans is a natural person with full civil capacity, so minor children can't take bank loans when buying a house.
Under normal circumstances, minor children buy a house, and parents pay the full amount. However, parents with limited economic strength may wish to try to buy a house with their parents and children as the main body. In this case, parents can apply for part of the loan from the bank and bear joint and several repayment responsibilities with minor children.
Can you handle the transfer in person?
When underage children buy a house, parents often come forward to help them complete the transfer procedures. In addition to submitting materials according to the normal house transaction registration procedures, parents also need to submit some additional materials, including the child's household registration book or birth certificate, parents' ID card, guardian certificate and other materials. After preparing all the materials, parents can go to the corresponding real estate registration center to handle the house transfer procedures and transfer the property to the name of their minor children.
Can parents dispose of their children's property at will?
When a minor child buys a house, his parents cannot dispose of his property at will. In China, the protection of minors' property is strict. Parents, as guardians, must produce a statement that they are selling the property for the benefit of minors, and also provide a certificate signed by the guardian to ensure that they are qualified as guardians before selling the property under the name of minors. Otherwise, parents may sell the property under the name of their minor children at will, leading to litigation and even being invalidated. shzyqiyu88
Question 6: My child is only 8 years old. Can I buy him a house in his name? ! 1. You can buy it, but the child and you are a family, which means that you and your lover add up to two sets, so you can't buy it! You can only buy 1 set (Nanjing account only). One more thing, you can't borrow money to buy in the name of children. Unless the guardian's name is written on the real estate license, you can only borrow in full! I hope my answer can help you.
Question 7: Does buying a house in the name of a child count as a second suite? Yes, although the house was bought in your name, your account is still in your parents' name. Not if you are separated from your parents.
Question 8: What are the procedures for buying a house in the name of a child? Need to buy a house?
Not necessarily. Different people have different opinions.
This mainly depends on whether I need it or not, and whether my conditions allow me to buy a house.
If you really need it and everything is ready, you can buy a house.
Precautions:
One: Understand the background and qualifications of developers. It is very important to choose a powerful developer. Regular developers are guaranteed in terms of housing quality, contract signing and property rights management.
Two: the surrounding environment and supporting facilities of the community. The direction of municipal development directly affects the appreciation of real estate.
Three: internal planning of the community.
1. Does the location of heating conversion station, garbage disposal room, entrance and exit, and power distribution room affect the house selection?
2. The layout of the building, the possibility of reconstruction, the influence of building spacing and lighting.
Fourth, the investment owner should analyze the proportion of the number of rooms in and around the community, and the owner-occupier should look at personal needs.
Five: Other formal pre-sale contracts for commercial housing, such as area error, clear height of storeys, and time for handling property rights, are clearly stipulated. Check whether the interior wall, floor, roof, doors, windows, waterproof treatment, exterior wall, corridor, housing area and pool area are consistent with the contract.
Question 9: Can parents buy a house in the name of their children? 1. Parents apply for a loan and use their children's property as collateral.
If the child is still a minor, he can't get a loan, but if the child 18 years old or older, he can mortgage the property in the name of his parents. This method has strong operability, but it will produce higher cost. At present, the application period of mortgage loan can generally be 10 to 15 years, and the maximum amount of mortgage loan can be 70%. However, due to the tight quota, the general interest rate of bank mortgage loans needs to rise by 30%-50%, so the cost will be much higher and the repayment pressure will be much greater.
Second, buy a house with the children, and remove the name after the loan is paid off.
The child is at school and has no income, but the parents want to buy a house in the name of the child. What should they do? Parents can choose to buy a house with their children and remove their names after the loan is paid off. This method is widely used, but it takes a long time and will also produce higher taxes and fees.
In addition, this operation will occupy the place where parents buy a house, and they can only borrow in the form of a second suite. For children, they only get part of the property rights. Even if the loan is repaid in the future, they will have to bear the corresponding taxes and fees for the transfer of property shares in the form of transfer or gift. As for the specific taxes and fees, it depends on the policies and regulations at that time.
Third, children have income, and parents are guarantors.
In another case, although the child is still in school, he has found a relatively fixed unit, which can have proof of income and a certain bank flow. At this time, if parents want to buy a suite in the name of their children, they only need to provide their own income proof, bank running water and other related information at the same time, and they can also apply for a loan. This way to handle loans is low in cost, but it is not suitable for most people.
If you buy a house in this way, because the child has reached the age of 18, it can be calculated according to the loan ratio and interest rate of the first suite, and the cost is relatively low. But this kind of loan is only suitable for children who already have their own income. If the parents' own income is not high and they already have a mortgage, then the possibility of approval will be relatively small.
I hope the above contents are helpful to you.
Question 10: What documents do I need to buy a house in the name of my child? Need to buy a house?
Not necessarily. Different people have different opinions.
This mainly depends on whether I need it or not, and whether my conditions allow me to buy a house.
If you really need it and everything is ready, you can buy a house.
Precautions:
One: Understand the background and qualifications of developers. It is very important to choose a powerful developer. Regular developers are guaranteed in terms of housing quality, contract signing and property rights management.
Two: the surrounding environment and supporting facilities of the community. The direction of municipal development directly affects the appreciation of real estate.
Three: internal planning of the community.
1. Does the location of heating conversion station, garbage disposal room, entrance and exit, and power distribution room affect the house selection?
2. The layout of the building, the possibility of reconstruction, the influence of building spacing and lighting.
Fourth, the investment owner should analyze the proportion of the number of rooms in and around the community, and the owner-occupier should look at personal needs.
Five: Other formal pre-sale contracts for commercial housing, such as area error, clear height of storeys, and time for handling property rights, are clearly stipulated. Check whether the interior wall, floor, roof, doors, windows, waterproof treatment, exterior wall, corridor, housing area and pool area are consistent with the contract.
Matters needing attention in buying a house
1, geographical location
The first consideration when buying real estate should be whether the geographical location is close to where they work. Many first-time home buyers have relatively limited budgets, and most of them are in the early stage of their careers, and they all buy houses on their own income.
When you consider paying the loan every month, you should also consider the transportation cost. For example, if you live too far from work, do you want to buy another car? You must take these expenses into account in the family budget.
Finally, you must consider the possible impact of this property on your lifestyle. For example, if you are an avid coffee lover, you shouldn't buy a property far from the coffee shop.
2. Price
The premise of buying a good property is that you can afford it. If your current income can afford this property, your future life may be easier, because your future income will rise.
The best way is to go to the bank to consult a professional. They will tell you that you can afford this property at your current income level. At the same time, we should consult a professional mortgage broker and ask for his advice. Now the loan market is very competitive, and you can have many choices.
3. Infrastructure
For those who work far from home, it is very important to be close to transportation facilities. Near the bus station, electric stations, ferries and railway stations will not only bring you a lot of convenience, but also provide you with a selling point when you sell the real estate market. If you plan to drive to work every day, it may not be so important to be close to the transportation facilities, but it is still good.
Shops: The shops here are not only supermarkets or vegetable markets, but also coffee shops and restaurants, because many people like drinking coffee very much now. If you live in Sydney, you definitely want to be near King Street in Newtown. If it is Melbourne, it is Carlton's Lygon Street; If it's Adelaide, it's Norwood's Ladd; Of course, if you like fresh agricultural food, it may be a good choice to be close to the farm.
Hospital: Even if you are strong now, you will still need a hospital or a doctor, so for your own health and the health of your family, you should choose a place not too far from the hospital.
School: If you already have children or plan to get married, it is important to be close to school, which is something you must seriously consider.
Ideally, if you have children, you should choose to walk to the school property; If your child is old enough to go to middle school, it is important to be close to a good high school real estate, which will also add a lot of color to your future sale of real estate.
4. Changing needs
If you have found your ideal geographical location, you should consider whether the real estate can meet your changing needs.
For example, is there room for further expansion in the real estate office? Can I add a bedroom, living room or bathroom? If you plan to have children, is there enough room for them to play? How many cars can be parked in the parking lot?
Although we can't plan everything, as a first-time home buyer, you must be serious. ......
/kloc-can children aged 0/8 borrow money to buy a house?
There are many kinds of bank loans, and the conditions of borrowers are different. You can first inquire about the loan types and the specific information of the corresponding loans through the "Personal Finance-Personal Loan" function of the Bank of China portal. If there is loan demand, it is recommended to contact local outlets for detailed consultation.
The above contents are for your reference. Please refer to the actual business regulations.
Can I get a loan for buying a house under age?
Can't borrow money to buy a house. Because the main target of bank loans is natural persons with full civil capacity, although minors can buy houses according to relevant laws and regulations, they do not have full civil capacity and are unable to repay debts. Therefore, minors are not allowed to apply for bank loans, and when parents buy real estate for their children, they are not allowed to withdraw housing provident fund.
Article 19 of the Civil Law of People's Republic of China (PRC) * * * Minors over the age of eight are persons with limited capacity for civil conduct and are represented by their legal representatives or recognized and ratified by their legal representatives; However, civil legal acts that are purely beneficial or suitable for their age and intelligence can be implemented independently.
Can children borrow money to buy a house? Let's stop here.