Houses that have not obtained the house ownership certificate cannot go to the housing management department for mortgage registration, so they cannot borrow money;

2. Houses on collective land

The house on the collective land has not paid the land transfer fee, and the housing management department has not registered the mortgage, so loans are not allowed;

3. A very old house

Housing projects with very old buildings have been built for a long time, and some of them even belong to a series of dangerous houses. This kind of housing banking department has regulations that loans are not allowed and cannot be borrowed from banks;

4. Houses in the old city reconstruction plan

In the old city reconstruction plan, the local housing management department has closed the file and is not allowed to apply for mortgage registration, so it is not allowed to borrow from the bank;

5.*** The house that people don't cooperate with the loan.

The owner of the house and the owner have the same rights, and can't borrow money if they don't cooperate;

6. Houses mortgaged with land use right certificates

According to the principle that the right to use the house is consistent with the occupied land use certificate, if the land use certificate has been pledged, the house cannot be lent;

7. Other houses prohibited from applying for loans by laws, regulations and rules.

How to divide a house after marriage and divorce? Case 1: Buying a house after marriage is funded by one parent and the house is in the name of the children.

Miss Wang sued for divorce from Mr. Fan and divided a house shared by husband and wife. Mr. Fan agreed to divorce, but said that they had no joint property and the house was theirs.

It was found through trial that although the litigation house was purchased after marriage, it was not so much funded by Mr. Fan as by his father, but by the payment voucher of the comprehensive financial institution, the explanation of Feng's father and sister and the fact that it was registered under Mr. Fan's unilateral name. The court ruled that the litigation house belongs to Mr. Fan alone.

If one parent buys a house after marriage and the house is in the name of the child, if it is all the purchase price or all the down payment, according to the provisions of Article (3) of the Bankruptcy Law, if one parent buys a house after marriage and registers it in the name of the child, it is regarded as a personal gift to the child and belongs to the child. * * * With the repayment of the loan, the other party will be compensated by half after calculation. If it is part of the down payment, then according to the provisions of the latest Marriage Law (II), if the parents contribute to the other party's house purchase after marriage, the contribution shall be deemed as a gift to both husband and wife, except that the parents have decided to give it to one party.

Case 2: Buying a house after marriage is funded by one parent, and the house is filed in the name of the other or both parties.

Mr Hu and Ms Chen got married in 2009. On 20 12, Ms. Chen's parents contributed money to buy a house for the young couple and registered the property in Mr. Hu's name. 2065438+In September, 2004, Ms. Chen sued the court for divorce and confirmed that the house of the person involved was her own.

According to the second paragraph of Article 22 of the Bankruptcy Law, if parents contribute to the purchase of houses, the contribution shall be recognized as a gift to both husband and wife. In this case, Ms. Chen's parents bought the house of the person involved after the marriage registration between her daughter and her son-in-law, and their investment intention depends on ensuring the stability of her daughter's son-in-law's family. It should be a gift from both Mr. Hu and Ms. Chen, and should be settled by property as husband and wife.

Buying a house after marriage, which is funded by one parent and registered in the name of the other or both parties, is regarded as a gift from parents to both parties, and the house is the property of husband and wife.

Example 3: Both parents contribute, and the house is in the name of the investor's children.

Mr. Sun and Ms. Chen got married in 2007. After getting married, their parents jointly invested and bought a house with a use value of more than 400,000. Due to emotional disharmony, Mr. Sun asked for a divorce and division of property. Ms. Chen agreed to divorce, but was not allowed to divide the property, and felt that the property was her own, because only her name was on the property certificate.

It was found through trial that the house of the person involved was purchased by his parents after Mr. Sun married Ms. Chen, and only the name of Ms. Chen was recorded in the real estate license. However, according to Article 7 (3) of the latest Marriage Law: "The property purchased by one parent for their children after marriage shall be recognized as the property of husband and wife. If the property right of the property purchased by both parents is registered in the name of one of the children, the property can be recognized as the property of the other party according to the market share contributed by their parents, and it should be divided according to the proportion of the capital contribution of the other parents at that time. "

If you buy a house after marriage, both parents will contribute their own money. The house is in the name of one investor's children. If the parents pay the down payment together, the children will repay it. Generally speaking, according to the latest Marriage Law (2), it is considered that husband and wife have property. If the parents are wholly state-owned, they can generally use the latest legal provisions of the Marriage Law (III) as * * *. If both parents and their children's marital property jointly contribute to form a down payment, the parents' contribution shall be regarded as a gift to the other party. Generally, the latest Marriage Law (II) can be used to evaluate that the house is the property of husband and wife.

Example 4: When buying a house after marriage, each parent contributes, and the house is in the name of each child.

Ms. Chen said that after getting married with Mr. Sun, the other parents invested in buying a house, and now they ask the court to decide on divorce and judge the house as their own. Mr. Sun refused to cooperate with the petition and asked the court to award the house to himself.

The trial of the court case found that the competing houses were purchased after marriage and should be recognized as joint property of husband and wife. According to the explanation, cross-examination and proof of both parties, as well as the work content and income of both parties, it can be concluded that Ms. Chen's parents contributed more than 960,000 yuan, and Mr. Sun's parents contributed more than 8 1 10,000 yuan, but neither parent decided which party to give the disputed house to. According to the second paragraph of Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), if the defendant's parents jointly contribute to the purchase of a house after marriage, the contribution shall be deemed as a gift to both husband and wife, except that the parents have decided to give it to one party. Therefore, the property * * * belongs to all and should be shared equally.

If you buy a house after marriage, parents contribute to each other, and the house is under the name of each child. Generally, even if the amount of contribution is different, it is equally divided.

Ex. 5: After marriage, one party has the property right to buy a house.

Ms. Wang and Mr. Zhang bought an economical and practical house in Beijing after their marriage. Due to Mr. Zhang's financial difficulties, the down payment of 300,000 yuan was all paid by Wang Nv. Because Wang Nv is not qualified to buy affordable housing in Beijing, the real estate license has been awarded to Mr. Zhang. Now the king's daughter sued for divorce and agreed that the court would award the property to herself. Mr. Zhang agreed to divorce, but indicated that the house was his, because the real estate license was filed in his own name.

The court held through trial that although Ms. Wang paid all the down payment of the house, registering the house in Mr. Zhang's name meant that the house was given to the other party by her own behavior, so the houses of the people involved were treated as the same property of both parties. If one party purchases the house after marriage with personal property before marriage, and the house is in its own name, and the down payment is paid in full, both husband and wife have property to solve it first; If all the purchase price is paid, it will be settled by the individual. If the house is in the name of both parties or the other party, the individual behavior of property contribution is regarded as a gift to the other party, and all houses are regarded as the property of husband and wife.

Example 6: When buying a house after marriage, all or part of the loans borrowed by both parties are used for buying a house.

After the marriage, Ms. Zhang and Mr. Luo borrowed money from each other to pay all the purchase price of more than 860,000 yuan, of which Ms. Zhang borrowed more than 600,000 yuan and Mr. Luo borrowed more than 200,000 yuan. Now Ms. Zhang is suing for divorce and asking the court to plant the property for herself, because she invested a lot in that year. Mr. Luo said that the house is shared by both parties, because the names of both parties are registered on the real estate license, and he also contributed when he bought it.

Both parties submitted the iou for the loan at that time and the property ownership certificate, which proved that the existing property was difficult. The court held that part of the money borrowed from each other to buy a house after marriage belongs to * * *, and the house jointly purchased belongs to * * *. If you buy a house after marriage and borrow all or part from each other, the house belongs to the joint property of husband and wife, and the debts belong to the same debt.

Ex. 7: After marriage, one party borrows all the house purchase money or all the down payment.

Mr. Song and Mr. Hu bought a house after marriage, and Mr. Hu borrowed a down payment of more than 390,000 yuan. Song Banghu paid back the money together. This year, Mr. Hu sued the court for divorce and confirmed that the house belonged to him. Song thinks the house was bought after marriage. Although Mr. Hu borrowed the down payment, I also helped pay it back.

It was found through trial that all the down payment of the house involved was borrowed by Mr. Hu, but a witness confirmed that Song helped to repay the loan. If you buy a house after marriage, one party will borrow all or pay the down payment. If one party borrows money without authorization and the other party agrees to repay it together, then the house is the same property and the natural liabilities are the same debt. If one party borrows money without authorization, the house is in the borrower's name, and the borrower's parents repay the loan. If there are no other factors, it is property.