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Can a provident fund couple buy a house in one person’s name?

If a couple buys a provident fund loan to buy a house, they can write in one person’s name, and it is also the joint property of the couple. The conditions required to buy a house with a provident fund loan are to bring basic personal information, proof of stable income, credit rating, etc.

Provide Fund Loan for a couple

1. Can a couple write a provident fund loan to buy a house in one person’s name?

A couple can write a provident fund loan to buy a house. A person's name, but writing a person's name also belongs to the same property.

According to the Civil Code, the following properties acquired by husband and wife during the marriage shall be owned jointly by the husband and wife:

(1) Salaries and bonuses;

(2) Income from production and operation;

(3) Income from intellectual property rights;

(4) Property obtained from inheritance or donation, except for Article 18, Article 3 of this Law Except as provided in the above paragraph;

(5) Other property that shall belong to the contract.

Husband and wife have equal rights to handle property owned jointly by ***.

2. What are the conditions required for provident fund loans to buy a house?

The conditions required for provident fund loans to buy a house are as follows:

1. Individual urban employees must make continuous payments to their units. The housing provident fund must be at least one year old;

2. The applicant must purchase affordable housing recognized by the lender;

3. The applicant must have a permanent urban residence or It must have a valid residence status, a stable career and source of economic income, and the ability to repay the loan, principal and interest, etc.;

4. The borrower agrees to submit the "Housing Sales Contract" signed between it and the developer The properties listed under this item are mortgaged to the lender, and the lender is given priority mortgage rights and repayment rights as a guarantee for the repayment of principal and interest;

5. The borrower has to pay no less than the funds required to purchase the house. 30 payment capacity;

6. Other conditions stipulated by the lender.

3. Provident Fund Loan House Purchase Process

Provident Fund Loan House Purchase Process:

1. Preliminary Review: The Housing Fund Management Center will conduct a preliminary review of the materials submitted by the applicant. .

2. Appraisal: The applicant takes the "Collateral Review and Appraisal Notice" to the appraisal agency designated by the center to appraise the value of the house purchased. Affordable houses do not need to be appraised.

3. Review: The applicant shall go to the center for loan review with the "Evaluation Report" issued by the assessment agency and the preliminary review materials required by the center.

4. Go through the guarantee procedures: The applicant holds the "XX City Housing Fund Management Center Guaranteed Entrusted Loan Investigation Notice" and goes through the guarantee procedures according to the guarantee method of his choice.

5. Sign a loan contract.

The interest rate of provident fund loans is lower than that of commercial loans. Within 5 years (including 5 years), the monthly interest rate is 3.45‰ and the annual interest rate is 4.14; for more than 5 years, the monthly interest rate is 3.825‰ and the annual interest rate is 4.59.

4. Can a name be added to the real estate certificate?

If it is possible to add a name to the real estate certificate, adding a name to the real estate certificate is, in legal terms, "increasing the ownership of the house" **Powerful person”. "Adding a name" is not just as simple as adding a property owner's name to the real estate title certificate. Legally speaking, "adding a name" essentially means adding the most entitled person to the house.

According to current laws and regulations, to increase the number of authorized persons in a house, there are three ways to register: donation, purchase and sale, or property division registration.

The first situation: no loan property certificate plus spouse’s name.

1. Bring three certificates (marriage certificate, ID card, real estate certificate) and their copies;

2. Go to the housing transaction center to fill out a document stating that both parties own the property. For real estate, if you request to add *** person's application, the window staff will review the submitted materials;

3. The fee required for adding a name to the real estate certificate basically only requires a small cost. The fees generally include illustration fees, registration fees, etc.

The second situation: There is a loan and real estate certificate plus the name of the spouse.

1. First go to the bank to go through the mortgage procedures (the approval of the lending bank is required).

2. The fees required for processing: In addition to the small cost of production mentioned in the first case, if it is a provident fund loan, an additional fee of 100 yuan is required; if it is a combination loan (provident fund loan + commercial Loan), an additional fee of 200 yuan is required.

3. The other steps are the same as the previous process without a loan.

5. What are the procedures for changing the name on the real estate certificate?

1. Add directly

If you add the name of your spouse during the marriage, you can add it directly. If the real estate is the joint property of the couple during the marriage, even if only one person's name is written on the real estate certificate, it is considered the joint property of both parties. Therefore, during the marriage, if you need to go through the formalities for adding a name to the real estate certificate in this kind of situation, you only need to bring the marriage certificate, two housing certificates, the original and copy of the ID card to the "Change Registration" window of the real estate transaction center.

During the non-marriage period: If the name of the property certificate is changed during the non-marriage period, the name of the spouse cannot be added directly, and the name can only be changed by gift.

2. Gifts

The scope of gifts includes non-marriage and relatives and friends. That is, children, parents and other relatives or friends added to the real estate certificate can make a donation. If you have a house, you have a loan. Generally, the name cannot be changed until the house loan is paid off. There are two ways to change the name. One is to pay off the loan in advance and then change the name. The second is to apply to the bank to change the borrower and mortgagor in the "Loan Contract". After obtaining the bank's approval, go to the Housing Authority to go through the relevant name change procedures. If you have a house but no mortgage, it is regarded as a gift. Both parties need to sign a gift contract, and the gift contract must be notarized. The notarization fee is generally 1% of the value of the donated house. In addition, certain personal income tax, deed tax and other fees need to be paid (donations of real estate between immediate family members are exempted). sales tax). This method of handling is not only applicable to couples.

6. What harm will there be if only one person is listed on the real estate certificate?

The harm of listing only one person on the house needs to be discussed on a case-by-case basis:

① If it is before marriage If two people jointly contribute money to purchase real estate, only one person’s name should be written. If there is a disagreement between the two parties after marriage, and the two parties disagree through negotiation, generally speaking, the property will belong to the party who registered the property rights, which is very important to the other party. unfavorable.

② If only the child’s name is written on the property and the child is a minor, the house must be paid in full in one lump sum.

③Only one person’s name can be written on the real estate certificate, but ***person can be added. When ***person is added, each person’s share can be clarified. If the house is bought by both husband and wife, this is not necessary, because as long as one of them has the name on it, it belongs to the same property.

Legal Basis

"Housing Provident Fund Management Regulations"

Article 5 Housing Provident Fund shall be used for the purchase, construction, renovation and overhaul of self-occupied housing by employees. Any Units and individuals may not use it for other purposes.

Article 6: The interest rates for deposits and loans of housing provident funds shall be proposed by the People's Bank of China, and shall be submitted to the State Council for approval after soliciting the opinions of the construction administrative department of the State Council.

Article 7: The construction administrative department of the State Council, together with the financial department of the State Council and the People's Bank of China, formulate housing provident fund policies and supervise their implementation.

The construction administrative departments of the people's governments of provinces and autonomous regions, together with the financial departments at the same level and branches of the People's Bank of China, are responsible for the supervision of the implementation of housing provident fund management regulations and policies within their respective administrative regions.