Couples may face many situations when they borrow money to buy a house. If one party has a loan, the other party can buy a house. However, under the existing policy, housing loans are calculated on a household basis. Therefore, if the other party needs a loan, the loan will be calculated at the interest rate of the second home loan.
Then, what will be considered as a second suite when buying a house with a loan?
1. If parents have a house, buy another one in the name of minor children. According to the provisions of the new "National Ten Articles", family members include borrowers, spouses and minor children, that is, minor children are classified as families. Children's purchase of houses will also be implemented in accordance with the second suite policy.
2. When you are a minor, you have a real estate, and then you can borrow money to buy a house when you are an adult. In this case, if you refinance the house, it will also be recognized as a second suite. According to the current standard of bank loan recognition, if the existing property is not sold, the second suite will be purchased by refinancing, which will be implemented in accordance with the second suite policy.
3. Individuals have the full amount to buy a house, and then borrow money to buy a house. Although there is no loan, as long as the property can be found in the housing property rights trading system, it is identified as a second suite, and it is not necessary to sell it or apply for a loan.
4. There is a loan to buy a house under the name of the individual, and then the loan is used to buy a house after the sale. At present, the bank recognizes that the second suite is both a house and a loan. In other words, although this property has been sold, there is no house under the family name, but because of the loan record, the property purchased by the previous loan will be counted as the second suite when it is sold.
5. Use commercial loans for the first purchase and provident fund loans for the second purchase. At present, the provident fund loan policy is also very strict (both the state management and the municipal management recognize housing and loans). As long as the borrower has a loan record, even if he has never used provident fund loans, it is the first time to buy a second suite.
6. One spouse has a record of buying a house with a loan before marriage, and applies for a loan to buy a house in the name of the other spouse after marriage, but the accounts are not together. After marriage, although the household registration did not fall together, it must have been registered in the Civil Affairs Bureau. When the bank approves the loan, it will require the borrower to provide proof of marital status or single certificate in addition to the household registration book. Therefore, when the other party buys a house again, it will still be considered as a second suite.
7. After marriage, the husband and wife borrow money to buy a house, and after divorce, one party applies for a loan to buy a house. As long as the loan record of the loan can be found in the central bank's credit information system, even if the property is awarded to another party after divorce, this party will be recognized as a second suite when buying a house with a loan.
The above is about whether the loan to buy a house can be regarded as the first or second set. If you already have a property in your name, when you need a loan to buy a second suite, you must see clearly what kind of situation you belong to and whether you need to prepare enough down payment.
One spouse buys a house alone, and one spouse has a loan.
One spouse buys a house alone, and one spouse has a loan.
One spouse has a loan in the process of buying a house alone. Husband and wife are a family after marriage, and the number of house purchases is also calculated by family, because when buying a house, it is generally based on the family. Let's share the process of buying a house by one person. One of the husband and wife has a loan.
One spouse borrows money in the process of buying a house alone 1.
What are the procedures for husband and wife to buy a house by loan?
Husband and wife jointly prepare corresponding loan materials, such as ID card, household registration book, marriage certificate, income certificate, etc. Both husband and wife go to the bank outlet to fill in the loan application form and submit relevant materials;
The bank will arrange staff to conduct a face-to-face review of couples applying for loans, and everyone can answer questions truthfully; After receiving the notice that the mortgage has been approved, the husband and wife jointly sign a loan contract with the bank and go through the formalities of mortgage registration and notarization as appropriate; Wait for the bank to transfer the mortgage funds to the developer's corporate account at one time.
Matters needing attention for one spouse to buy a house alone
1. According to the provisions of the new marriage law, no matter the name of one party or the names of both parties on the property ownership certificate, as long as the property rights of the house acquired by the husband and wife with the same investment (including loans) after marriage are the same property.
2. After marriage, both husband and wife contribute money (including loans) to obtain the property rights of the house, which affects the division of the house after divorce. First of all, it is clear that the real right, whether the name of one party or the names of both parties, is the same property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not according to the original purchase contract amount. Distinguish between the equity part and the liability part again.
3. If you buy a house after marriage and use one party's personal property, you must prove that it belongs to one party's property in the future. Both parties can sign an agreement to prove that it is invested by one party instead of using the joint property of husband and wife, and indicate it when handling notarization and real estate license registration, so it belongs to one party's personal property. If it is funded by parents, parents can write a gift, then indicate that it is a gift to one party rather than both parties, and then notarize it, which also belongs to your personal property.
4. According to the regulations of most banks on personal loans, the age limit of lenders is 18 years old and under 65 years old. Therefore, the younger the main lender, the longer the loan period can be obtained.
5. Since both husband and wife will handle the mortgage on a family basis, as long as there is a problem with one party's credit information, it will affect the mortgage approval. If the party with good credit information is selected as the main lender, but the sub-lender has arrears and overdue fines, the loan amount and interest rate will be affected. Because the main lender has a good credit report, the loan approval rate will still be higher.
I believe that after reading the introduction of this article, you also know what the process of buying a house with a husband and wife loan is. According to the knowledge given above, if you want to buy a house with a loan, you must prepare your ID card, household registration book, marriage certificate and credit information in advance, and then go to the bank to handle it. In addition, we also learned the matters that husband and wife should pay attention to when buying a house alone.
One spouse buys a house alone, and the other has a loan.
First, what are the benefits of a husband and wife loan to buy a house?
1. Expand the loan amount and reduce the economic pressure.
When examining and approving housing loans, many banks require that the monthly repayment amount should not exceed half of the lender's monthly income, and they cannot lend unless they meet the requirements. But it is much easier for two people to borrow money together.
2. Interest on provident fund loans.
Because of high housing prices, sometimes provident fund loans are not enough. Couples applying for housing loans together can expand the amount of provident fund loans. At present, the interest rate for provident fund loans over five years is 3.25%, and the benchmark interest rate for commercial loans over five years is 4.9%. Therefore, compared with commercial loans, the interest paid by provident fund housing loans will naturally decrease.
Second, what should couples pay attention to when buying a house with a loan?
1. When signing the contract, both parties must be present in person.
When applying for a mortgage in the name of husband and wife, the bank needs to examine the qualifications of both parties at the same time, and must also sign relevant procedures at the same time.
2, the main loan, sub-loan is particular.
Just because a husband and wife borrow money to buy a house does not mean that both husband and wife are loan subjects. During the interview, the bank loan officer will ask which one of the husband and wife is designated as the "lender" and which one is designated as the "* * * lender" to participate in repayment. When determining the main lender and the sub-lender, it must be determined according to the actual situation, which can be analyzed from the aspects of income, credit information and age.
A. Income
The main lender should choose the party with higher income and stability. The bank will evaluate the repayment ability of the applicant through the income certificate or the bank's running water, so it is easier for the bank to approve the loan by taking the high-income and stable party as the main lender during the face-to-face signing.
B. Credit information
Before the loan, the bank will check the personal credit information of both husband and wife. Generally speaking, the party with good credit information should be the main lender, because when both husband and wife buy a house with the same loan, as long as one party has problems with credit information, it will affect the mortgage approval. Generally speaking, if the credit record of the main lender is problematic, the bank will generally not accept the loan application. If the main lender has a good credit, the lender has some credit problems, but they have all been solved later, which generally will not affect the bank's approval of loans.
C. Age
In the case of similar income and credit information, the main lender should choose a younger party. The younger the main lender, the longer the loan term.
The share is fixed in advance.
Husband and wife buy a house with loans, and the share of real estate needs to be determined in advance to avoid future occurrence. In the process of buying a house with the same loan, even if the name of the other party does not appear on the real estate license, it will not affect its ownership of the house.
However, at present, a small number of husband and wife property implements AA system. When buying a house with a loan, we should consider the issue of property share. According to relevant laws and regulations, the owner can choose the form of * * *, and if * * * and * * * are selected, both parties shall enjoy equal rights and interests; If there are * * * copies, they need to be divided in advance and marked on the property ownership certificate.
One spouse buys a house alone, and one spouse has a loan.
Provisions on buying a house after marriage
1, one or both parents buy a house for their children after marriage. Treatment measures. See Article 7 of Judicial Interpretation III of Marriage Law: "If the property right of the property purchased by parents for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to Article 18 (3) of the Marriage Law, and the property should be recognized as the personal property of the husband and wife.
If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties. "
2. After marriage, one or both of the husband and wife contribute to buying a house, and there is only one person's name on the real estate license. In this case, the property belongs to the joint property of husband and wife, and both parties share it equally when divorced.
The new marriage law stipulates that the husband and wife registered in one party's name own all the houses. If one party sells the house without the consent of the other party, the third party buys it in good faith, pays a reasonable consideration and goes through the registration formalities. If the other party claims to take back the house, the people will not support it, except that the house belongs to the needs of the family. If one spouse disposes of all the houses without authorization, causing losses to the other spouse, the other spouse has the right to claim compensation for the losses at the time of divorce.
Matters needing attention for couples to buy a house
Matters needing attention in buying a house after marriage in the new marriage law;
* * * Buying a house needs to pay special attention to four aspects. Such as contract signing, mortgage application, transaction transfer, etc., both husband and wife need to be present. In addition, couples also need to study in advance when preparing documents and applying for a mortgage.
1. Both parties to the contract attend in person:
In the process of buying a house, many signing processes are involved, such as signing a sales contract, applying for a mortgage, and transferring transactions. Both husband and wife need to be present at the same time. In addition to signing the real estate sales contract, both parties need to be present in person when applying for mortgage and handling the transfer formalities. Experts explained that when applying for a mortgage, they sometimes apply in the name of husband and wife, so banks need to review the qualifications of both parties and sign at the same time when handling relevant procedures.
In addition, when handling the transfer formalities, in principle, both parties are required to be present at the same time, because according to the Property Law, whether the property purchased by both husband and wife is owned by * * * or * * * needs to be reflected in the sales contract and then stated in the property ownership certificate, so both parties need to be present to sign and confirm. However, if you can't be present, you must also go through notarization and entrustment procedures and explain the relevant matters clearly.
2, certificate preparation is the key:
When a husband and wife buy a house together, they need to provide many documents, and none of them can be less. Couples need to provide proof of income when applying for a mortgage. Non-local residents are required to provide local tax payment certificates or social insurance payment certificates provided by both parties for more than 1 year, otherwise it will be handled according to the loan policy for non-local residents. Of course, when applying for a mortgage loan, if one of the parties has a high income, it is not a problem to pass the qualification examination and approval, and the income certificate of the other party is not needed.
3, the main loan, subprime loans have pay attention to:
As the credit policy has changed, the determination of the main lender and the sub-lender should be based on the actual situation, not simply on the income level. When the husband and wife jointly repay the loan, when determining the main lender and the secondary lender, they must be determined according to the actual situation.
Under normal circumstances, in a bank housing loan contract, only one party is regarded as a "lender" (usually referred to as the main lender), and the other party can be regarded as a "* * * lender" regardless of whether the names of both parties are written on the property ownership certificate. When determining the main lender, we should choose the spouse with high and stable income, and pay attention to the age limit, otherwise it will affect the loan term.
In addition, experts reminded that it is necessary to pay attention to changes in credit policies. Non-local residents who cannot provide local tax payment certificate or social insurance payment certificate for more than 1 year shall be treated differently. For example, the increase of mortgage down payment ratio and interest rate will undoubtedly increase the cost of buying a house. Therefore, this factor should be considered when determining the main lender.
4. The share shall be determined in advance:
Husband and wife buy a house together, what is the share of property? It needs to be determined in advance to avoid future generations. According to the provisions of the Marriage Law: "The property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife, unless otherwise agreed by both parties." Therefore, even if the name of the other party does not appear on the real estate license, it does not affect its ownership of the house.
However, at present, there are a few trendy couples whose property is subject to aa system. When buying a house together, you need to consider the issue of property share. According to relevant laws and regulations, the owner can choose the form of * * *, and if * * * and * * * are selected, both parties shall enjoy equal rights and interests; If there are * * * copies, they need to be divided in advance and marked on the property ownership certificate.
5. Re-registration of prospective couples buying houses:
What needs special reminder here is that there are many prospective couples buying houses together. In order to reduce it, experts suggest making some efforts on the registration content of real estate license.
What if the other party hasn't paid off the loan when buying a house?
The seller should pay off the loan immediately, otherwise the rights and interests can be safeguarded.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.
Husband has a loan. Can a wife borrow money to buy a house?
Legal analysis: This is definitely possible. The bank doesn't stipulate that a husband can't buy a house loan if he has a wife loan. As long as his wife's credit report in the bank is good, she can apply for a house loan. The bank thinks that husband and wife are a unit, and as long as one of them buys a real estate, it is regarded as a second set. The buyer and the seller sign a house sale agreement or a house sale contract; Eligible buyers apply for loans from loan banks and provide relevant certification materials; The buyer and the seller go to the appraisal institution designated (recognized) by the loan bank to conduct house appraisal; Law firms identify, investigate and analyze the borrower's credit certification materials and evaluation reports, and issue legal opinions; The loan bank carries out examination and approval, and informs the loan applicant whether to agree to the loan; The buyer and the seller go through the formalities of property right transfer, and after the transfer, the borrower goes to the bank to go through the loan formalities; The buyer signs a second-hand house mortgage loan contract with the loan bank; The buyer and the seller will send the transferred house ownership certificate to the loan bank for mortgage registration. After the loan contract comes into effect, the loan bank will allocate funds according to the loan contract; The borrower repays the loan on a monthly basis; The borrower pays off the principal and interest of the loan and cancels the mortgage guarantee.
Legal basis: People's Republic of China (PRC) City Real Estate Management Law.
Article 60 The state practices a system of registration and certification of land use rights and house ownership.
Article 61 Anyone who obtains the land use right by means of transfer or allocation shall apply to the land administration department of the local people's government at or above the county level for registration. After verification by the land administration department of the local people's government at or above the county level, the land use right certificate shall be issued by the people's government at the same level.
If a house is built on the land for real estate development obtained according to law, it shall apply to the real estate management department of the local people's government at or above the county level for registration with the certificate of land use right, and the real estate management department of the local people's government at or above the county level shall verify and issue the certificate of ownership of the house.
When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level.
If the house bought by the man before marriage has a loan, is it the joint property of husband and wife after marriage?
The house that the man bought by mortgage before marriage does not belong to the joint property of husband and wife after marriage, but the repaid part and the value-added part after marriage belong to the joint property of husband and wife. For repayment of the loan, the party that obtains the property right of the house shall give the other party appropriate compensation.
Legal analysis
Buying a house with a loan before marriage depends on the specific situation. To be sure, the part repaid after marriage and the corresponding value-added part belong to the same property. If both parties invest in buying a house before marriage, it belongs to the joint property of husband and wife if it is registered in the names of two people. If it is registered in a person's name, it also depends on the contribution. Also, buying a house with a loan before marriage and adding the other person's name after marriage also belong to the common property of husband and wife. As for the division in divorce, it depends on the length of marriage, the degree of fault, and whether there are children. Generally, the other party will be given a 20-50% share. Of course, if it can be proved that the part of the repayment after marriage was paid by the parents, or it was paid by the pre-marital savings, then the part of the repayment after marriage and its value-added part do not need to be distributed to the other party. If the down payment before marriage and the loan repayment are owned by one person, the house belongs to this person's personal property, and the loan repayment after marriage can be regarded as the joint property of husband and wife, and both husband and wife are equally divided. Many men borrowed money to buy a good house before they got married. Whether this property belongs to both husband and wife should be analyzed in detail. If the man buys a house but the names of both parties are registered on the property certificate, it belongs to both husband and wife. If the man borrows money to buy a house, the property right is his own, and he repays the loan independently, which should belong to personal property.
legal ground
Article 1062 of the Civil Code of People's Republic of China (PRC): (1) Wages, bonuses and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.
My wife has a loan in the bank. Can I go to mortgage to buy a house?
If you buy a house, the general bank will check whether there is a house loan under the name of both husband and wife. If one party has a loan, buying a house is considered as a second suite. If you buy a house, it doesn't matter.
Mortgage to buy a house is ok, with little influence. As long as there is reasonable income to show that the lender can support the repayment of these two loans.
Procedures for mortgage loan:
1. First, please go to the bank for relevant information. And apply for personal housing loans with all relevant materials.
2, and then accept the bank's audit, determine the loan amount.
3. Next, you can apply for a loan contract, and the bank will apply for insurance. Handle the registration and notarization of property right mortgage.
The last thing left is the bank loan, the borrower's monthly payment and the cancellation after paying off the principal and interest.
Choose a good loan bank for mortgage loan: For borrowers, if they buy an existing house or a second-hand house, they can choose their own loan bank. The more services provided by mortgage banks, the more detailed they will be, and the more flexible and diverse personal financial services will be obtained, as well as the rich service and product portfolio.
Choose the repayment method that suits you best: At present, there are basically two repayment methods for personal housing loans: one is equal repayment and the other is equal repayment of principal. The advantage of equal repayment method is that the borrower can accurately grasp the monthly repayment amount and arrange the family's income and expenditure in a planned way.
Average capital's repayment method is more suitable for individuals who have strong repayment ability at the initial stage of repayment and want to pay a large amount at the initial stage of repayment to reduce interest expenses.
The information provided to the bank should be true: to apply for personal housing commercial loans, banks generally require borrowers to provide proof of economic income, and for individuals, they should provide true personal occupation, position and recent economic income. Because if the income does not reach a certain level, there is not enough repayment ability.
However, if you exaggerate your income level, you are likely to default at the initial stage of repayment, and if you provide false certificates after bank investigation, your trust in the bank will be greatly reduced, thus affecting your loan application.
Extended data:
Treatment conditions:
(1) Borrower's requirements
1.1natural person aged 8-60 (Hong Kong, Macao and Taiwan and foreigners are also allowed)
2 have a stable occupation, stable income and the ability to repay the principal and interest of the loan on schedule.
3. The borrower's actual age plus the loan application period shall not exceed 70 years old.
(2) Information to be provided:
1.3. Original and photocopy of the ID card and household registration book of the applicant and spouse (if the applicant and spouse are not registered in the same household, a marriage certificate shall be attached).
2. The original purchase agreement.
3. 1 Original and photocopy of advance payment receipt for 20% or more of the house price.
4. Proof of the applicant's family income and related assets, including payroll, personal income tax bill, income certificate issued by the unit, bank deposit certificate, etc.
5. The developer's collection account number is 1 copy.
(3) Information required by the borrower
1, husband and wife ID card, household registration book/temporary residence permit, and foreigner household registration book.
2. Two copies of marriage certificate/divorce certificate or judgment/single certificate.
3 proof of income (in the format stipulated by the bank).
4. Copy of the business license of the unit (with official seal)
5. Credit certificate: including education certificate, other real estate, bank running water, large deposit certificate, etc.
6. If the borrower is an enterprise legal person, it must also provide the annual business license, tax registration certificate, organization code certificate, articles of association and financial statements.