Affected by the purchase restriction policy, many families have recently chosen to register the property directly in the name of their minor children when buying a house, using their children's status as having never purchased a house to obtain the qualification to buy a house. Minor children cannot get a loan to buy a house because they have no ability to repay. This is a risk that most home buyers are aware of. But in addition to not being able to get a loan, what are the risks for minor children buying a house? Fa Ge decided to ask a lawyer to evaluate these risks. Help home buyers conduct a risk analysis before considering whether to buy a house in their children's names.

Solving the quota for buying a house and avoiding taxes

Is it good for minor children to buy a house?

Purchasing a house in the name of a minor child has recently increased, and the specific reasons may be due to various considerations. But generally, in order to solve the problem of quota for families to buy houses again, some families who cannot buy houses again due to policy restrictions often choose to register the houses in the names of minors.

For the purpose of tax avoidance, some families directly register the house in the name of their minor children. Compared with gifts, inheritances, etc., it is more economical and convenient, and can save a lot of taxes. There is no need to worry about inheritance taxes being levied in the future; in the long run, the house bought when the children are minors is pre-marital property, and there is no need to worry about the division of the property after marriage in the future. In this way, buying a house for minor children is actually quite cost-effective.

The demand for funds is large and it is difficult to transfer and dispose of it

The risks of buying a house for minor children are high

In addition to the benefits mentioned above, what are the risks of buying a house for minor children? First of all, everyone knows that you cannot get a loan and you must buy a house in full. This financial requirement is quite stressful for some families. A large amount of money will be spent on buying a house at once. If the family has other large sums in the short term, The financial requirements for expenses will affect other quality of life.

In addition, if according to the current house purchase policy, children who want to continue to buy a house when they become adults in the future may not be able to enjoy the corresponding preferential policies, and their children will also be restricted from buying a house again, which is equivalent to advance payment for their children's house purchase. rights.

Also, parents cannot dispose of the house at will, and the procedures are troublesome when they really need to dispose of it. Because the owner of the house is a minor child, if you want to transfer and sell the house, you need to prove that it is "for the benefit of the minor". For example, if the minor child develops a serious illness and needs money for treatment or living and learning needs, etc. Therefore, if you just want to speculate in real estate and buy a house in the name of your children, it will be a bit difficult to sell the house and cash out.

Uncertain factors increase risks

Lawyers recommend increasing risk awareness

Some time ago, some media in Beijing exposed the issue of property ownership for minor children due to the divorce of the couple. Cases causing disputes. This report reminds us of another type of risk associated with buying a house in the name of a minor child, which is disputes when parents divorce. If the property is not divided as joint property when the couple divorces, then the property should belong to the party who is responsible for raising the child and the child lives with the child. At this time, the situation will be a bit embarrassing, and there may be a battle for child custody. It becomes a fight over home ownership.

How to avoid the risk of these properties being registered in the names of minor children? Lawyers remind that minor children and their parents can agree through notarization to jointly own the house. This method allows the children to own the house without the house being divided as an inheritance when the parents encounter an accident. Secondly, you can change the share of the house and reduce the share of the property in the name of the children to ensure that the parents only have the interests of the property.

The lawyer said, "Although the property was purchased by the parents, when the children reach adulthood and have the capacity for civil conduct, they can only dispose of the property by themselves, and the parents have no right to dispose or interfere without authorization. If If parents dispose of a house when their children are minors, if the children believe that their parents’ actions have violated their rights as adults, they can also file a lawsuit for damages against their parents. ”

(The above answer was published on 2017-07. -03, the current relevant house purchase policies shall prevail)

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