Buy a house with son name again change the name of owner in a register answers him under one's name

The old person is actual and contributive buy a house, house property registers the under one's name in children however. So do, because age place is restricted to cannot handle the loan that buy a house,have a plenty of; Have a plenty of encounter new politics carry out without the qualification that buy a house; Still have a plenty of accede to let children when bequest hand in duty less to expend... old people has reason each, do not cross a risk also subsequently and come, as a result causes a lot of dispute, helpless even accuse to the court thought fors the time being.

N/arc drafting: Wang Jinhui

The name that old Zhao husband and wife lends a son buys a house, it is to want to leave a son house property really, can avoid the many cost paying tax when the son succeeds, however unexpectedly the abuse that the son was infected with drug taking, gamble later, do not say Qian Hui for nothing suddenly, sell a room to change poison endowment even.

Say according to Laozhao, house price is rising 4 years ago, they just have brushstroke disengaged capital, the plan buys one flatlet to use investment. Although son Xiaozhao has undesirable hobby all the time, it is a problem young person, but because be after all alone child, to avoid to will come the son succeeds the many cost paying tax when building bequest, old two direct buy a house with Xiaozhao's name, register the house in the son's under one's name.

Old mouth and two sons signed an agreement: The house is actual and contributive the person is Laozhao, in husband and wife 2 people die hind, the house just puts in small Zhao Jicheng 's charge. The room is handed in to decorate later, old two houses that cover this proximate shopping centre rent the office worker around, conventional lease 3 years.

But old later two discovery, the son was infected with the abuse of drug taking, gamble, mix salary not only deposit is prodigal one sky, sell them even contributive this purchased building, in order to exchange poison endowment. Old two set a high demand on somebody in the hope that he will improves, want to cut off financing source of the son, the under one's name that house change the name of owner in a register answers him. But register in change the name of owner in a register in, small Zhao refus does not cooperate change the name of owner in a register, building property right registers a center cannot the basis is old two view deals with formalities of change the name of owner in a register.

Laozhao's couple is helpless sue a son, request court basis borrows an agreement that buy a house, sentence the house put in oneself 's charge. In litigant process, laozhao took out evidence of collection of gold of proof of duty of card of complete contributive proof, house property, agree, chummage, still have the agreement that signs with Xiaozhao. Final, old two win forensic support, held judgment to deal with formalities of change the name of owner in a register.

of year of nearly 7 a period of ten days borrow son name to buy a house at the lady, it is to be oneself to live originally use, but when loan of the preparation 9 years ago buys commodity house, because the age is older, do not possess loan qualification, let son Xiaowu help him loan buy a house. Mother child agreement: The building registers the under one's name in Xiaowu, because the lady repays,borrow money every months, after loan is paid off, property right changes the under one's name at the lady.

Xiaowu and house-owner king gentleman were signed at that time " building business agreement " , conventional king gentleman sells Haidian division with 1.5 million yuan on the west near 3 annulus a two bedrooms, xiaowu loan buys a house. That day, pay house-owner 50 thousand yuan of deposit at the lady, 600 thousand yuan pay again after. More than pay with loan means. After signing a contract, the whole procedure that buy a house is dealt with as a result of the lady. After making a room, live all the time at the lady here.

Although this building change the name of owner in a register registers the under one's name in Xiaowu, but a when Xiaowu writes " proof " on carry bright: "I help mom buy Haidian division this house property, total amount 1.5 million yuan, because mummy age is too old, bad to handle loan, discuss to help her buy a house with my name with me so, conduction loan procedures. Real house property is mom. Prove hereby. Prove hereby..

To last year in June, already paid off building loan entirely at the lady, the formalities original such as proof of duty of house property card, agree is in her hand. She thinks the son can cooperate her to give his house transfer ownership as agreed upon now originally, however unexpectedly son break an agreement. He thinks this house should put in him 's charge all, refus does not cooperate change the name of owner in a register. Because all buying,proof of duty of room formalities, agree is signed with Xiaowu's name, worry about house otherwise to come back very much at the lady.

The name that Laotian lends a daughter at that time buys a house, it is to avoid a daughter to object her be being married again, want to sell a room provide for the aged nowadays, also sufferred the daughter's opposition.

The exclusive housing of the Laotian 10 years ago tears open change, development business gave him money of 2 million compensation, infiltrate assign account, agree this money can be used only purchase a building. First wife madam of Laotian already died old, see room level, laotian knew a lone woman in senile activity center, two people plan to marry, sufferred Xiaotian of old cropland daughter however object. After Xiaotian fears marriage of old Tian Zai is affected bequest allocation. Laotian to give up the daughter's misgive, put forward to buy a room this to register the house the under one's name in the daughter directly, but bilateral and written agreement: "The droit of the house puts in Laotian 's charge all, the house also lives by Laotian and newly-married old partner, till two old people die, the house puts in daughter Xiaotian 's charge to accede. The house puts in daughter Xiaotian 's charge to accede..

Father daughter two account according to it the medium money that buy a house offers, entire section purchased a three-room flat, register the house the under one's name in Xiaotian. Laotian remarries smoothly also, with remarry the old partner lives inside this room all the time. But nowadays, laotian already year even more 90, old partner also many years old 80, bilateral children people busy the job, old two sell a room provide for the aged with respect to the plan, sell show housing, the natural span of life of beadhouse take care of oneself with seek a condition and service good again.

Contradict at this moment arose. Daughter Xiaotian thinks this room registers the under one's name in oneself, already put in its 's charge all, father has no right to sell a house, be opposite then old two adopt the strategy that avoid meeting. Laotian should discuss this thing a few times to did not see a daughter to daughter home, but sue.

On the court, laotian says to counter the pressure that its remarry by force of the daughter at that time, just register the house the under one's name in Xiaotian, the house should put in him 's charge all. He takes lend name to buy room agreement, since neighbour also proves to make a room oneself, Laotian's couple lives all the time live in this. Old Tian Youna gives the evidence with entire contributive section, still have proof of duty of house property card, agree. Final, the court adjudicates this building puts in Laotian 's charge all.

Be aimed at what appear in last few years more lend a desk of the issue that buy a house, senior people court published Beijing relevant judicatory explanation. Beijing grand east the Zhang Haixia's lawyer of attorney office is right in last few years many of agency this kind of case undertakes summing up, think the view borrows a fact that buy a house to hold water, need to have 5 important condition commonly: It is the logical explanation that borrows a name to buy a house; 2 it is to have the agreement that borrows a name to buy a house; 3 it is actual and contributive person's contributive evidence; 4 it is all card, according to, the ticket is withheld in actual and contributive hand; 5 it is actual and contributive person owns a building in fact. If borrow celebrity place to hold evidence to be able to prove 5 important document are had entirely, enough support of forensic radical instinct borrows the appeal toing of celebrity beg.

Reality is medium nevertheless, often appear borrow celebrity to lack firstly or secondly the circumstance of important document, should see particular details of a case so, have without other evidence but evidence, whether form complete evidential chain, in order to proves to borrow the fact of the name. If both sides was not signed,borrow an agreement that buy a house, also prove to lend a name the fact without other and written evidence, in front courtyard careful, some famous people with " contributive person is donative my building, so the building is registered in my under one's name " , or " it is I buy a house to contributive person loan " for contradictory reason, if do not have other evidence evidence, court can the basis has evidence, maintain both sides not to exist thereby " borrow a name to buy a house " , those who rent famous person is contributive but other case is solved. The increase that can cause actual and contributive person so is damaged.

In afore-mentioned cases, no matter " proof " or " agreement " , want to be able to show the written file that borrows a fact that buy a house only, all belong to crucial evidence, proving without contrary evidence this are written the file is the circumstance that forge or is not true meaning expression falls, should approbate the effectiveness of this book card, affirm renting famous person is the actual obligee of the building further, famous person is famous only just, ask famous person cooperates change the name of owner in a register accordingly.

Zhang Haixia's lawyer thinks, although borrow a name to buy a room to have the support of law and relevant provision, but still put in 5 gale danger:

One of, register a system according to house property, the cognizance of building droit is with registering commonly accurate, if want to counterpoise truly,rent famous person, need to carry litigant kind commonly. The process is here medium, if give celebrity to owe external debt cannot pay off, creditor can ask the court closes down or auction this building. But famous person already may not have liquidity, the interest certainly will that rents famous person is damaged.

Secondly, if became famous to the person rises because of house price and go back on his word, do not deal with formalities of change the name of owner in a register, and what actual and contributive person proves without evidence bilateral existence borrows a name to buy a house again is acceptability reach the fact that pays a room the money, very difficult proof rents famous person is actual obligee.

Thirdly, because the building already registered the under one's name of famous person, if famous person deals with the building sell unwitting the 3rd person, be based on kindness to acquire a system, the 3rd person gets the likelihood building fee, the rights and interests that rents famous person is ensured hard.

Its 4, if give celebrity to die, heir is depended on " inheritance act " successive building, but the dead and the authenticity that borrow celebrity place autograph to borrow an agreement that buy a house will hard textual research, the right that rents famous person is ensured hard.

Its 5, the building registers the under one's name in famous person, and give famous person and own a building not actually, building loan also not be its repay actually, once appear experience room dispute or loan exceed the time limit, obligation assumes a person to give him famous person namely, the undesirable credence that exceed the time limit still does not lend can accompany his very long period of time.

Accordingly, zhang Haixia's lawyer admonishs everybody especially old people, fasten an autograph to borrow a contract that buy a house as far as possible. Because once appear accident, likelihood losing is mint mark not only praedial, still can more predicts the loss besides.