2. Under normal circumstances, after obtaining the land use right certificate and the house ownership certificate, the resettlement person can go through the mortgage loan formalities, but it takes more than the time stipulated by the local policy to transfer and mortgage.
1. Whether the demolished houses can be mortgaged needs specific analysis:
(1) If the demolition certificate is complete and there is no dispute, you can mortgage the loan, but the loan interest rate is relatively high and the loan time is relatively short, so you need to pay off all the loans within 5 years;
(2) The certificate is incomplete and the loan cannot be mortgaged.
Is house demolition the common property of husband and wife?
Demolition of houses is not necessarily the same property of husband and wife. If you want to determine the nature of the house to be demolished after marriage, there are usually the following situations:
1. The demolished house is the pre-marital property of one spouse, and the resettlement house is placed according to the population standard, and the other spouse has a certain share of property rights.
2. The house to be demolished is the pre-marital property of one spouse, and both spouses have expanded or sealed up the house after marriage, and the other spouse also has a certain share of property rights.
3. The house to be demolished is the property of one parent of the husband and wife, and the resettlement house is placed according to the standard of using population, and both husband and wife have a certain share of property rights.
4. The demolished house is the property of one parent of the husband and wife. During the period of living with parents, both husband and wife have expanded or sealed up the house, and both husband and wife have a certain share of property rights. There are other special circumstances.
Usually, in the first two cases, there is a big gap between husband and wife in the ownership share of resettlement houses. In the specific allocation of houses, the party with more ownership share should be given priority and the other party should be compensated accordingly.
Usually, in the latter two cases, the main share of the ownership of resettlement houses belongs to the parents of one spouse, and the share of both spouses is relatively small, which should be handled in light of the actual situation.
Calculation formula of compensation standard for house demolition:
All kinds of compensation paid by the demolition construction unit to the owner or user of the demolished house in accordance with the prescribed standards. Generally, there are the following ways:
(1) Housing compensation fee (housing replacement fee), which is used to compensate the loss of the owner of the demolished house. According to the structure and depreciation degree of the demolished houses, it is calculated at the unit price of square meters.
(2) The turnover compensation fee is used to compensate the residents of the demolished houses for the inconvenience of living in temporary housing or the cost of asking for temporary accommodation. Temporary living conditions are graded, and residents of demolished houses are subsidized monthly.
(3) Reward and compensation fees are used to encourage residents who have been demolished to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring demolition units to resettle houses. The compensation standard for house demolition shall be determined by the local people's government according to the local actual situation and relevant national laws and policies.
The calculation formula from the compensation price of homestead location and the replacement of the demolished houses into the new price structure is: the compensation price of house demolition = the compensation price of homestead location multiplied by the area of homestead, and the demolished houses are reset into the new price.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 399 of the Civil Code of People's Republic of China (PRC).
The following properties shall not be mortgaged:
(1) Land ownership;
(two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(6) Other properties that may not be mortgaged according to laws and administrative regulations.