The name on the title deed is often one of the most concerned issues in the process of buying a property. In the past, many newlyweds had disputes in order to be able to sign the title deed.
In fact, with the implementation and continuous improvement of the Civil Code, the name on the real estate certificate is not the only important factor, and the name written in the real estate certificate is not reliable, and the following 5 provisions are what you must understand.
.01.
Only one person's name can be written on the title deed
According to the relevant regulations of the state: the real estate certificate is one person, one certificate, which means that there can only be one person's name on the real estate certificate.
If you want to write the names of both spouses on the title deed, you need to go through the procedures for joint ownership of the property between the husband and wife.
However, if one of the spouses already owns their own property, only one person's name can be written on the title deed when buying a second property.
This is because the state has regulated the real estate market, limiting the number of home buyers. Therefore, when buying a property, we need to know these regulations in advance to avoid unnecessary troubles.
.02.
Whose name is written on the title deed
Loans need to be considered
When it comes to buying a property, a loan is an unavoidable problem. If the buyer needs a loan to buy a property, then whose name is written on the title deed becomes even more important.
Generally speaking, if the buyer is married and two people are jointly taking out a loan to buy a house, then the name of both husband and wife can be written on the title deed.
If the house is purchased by one person, for example, the buyer is unmarried, or the husband and wife cannot apply for a loan together, then the real estate certificate cannot write the names of two people, only one person's name.
Therefore, when buying a house, you must understand the relevant regulations of the loan in advance to avoid unnecessary trouble.
.03.
The name on the title deed cannot be changed at will
Regarding the name change on the title deed, if it is before applying for the title deed, then it can be resolved only by negotiating with the developer.
However, if the title deed has been obtained, then it means that the transaction has been completed and has produced legal effect, in this case, the name on the title deed cannot be changed at will.
If the sale and purchase of the house is completed, the title to the house has also been determined. In this case, if you want to change your name, you will have a transfer of rights to the property.
In accordance with the provisions of the laws of the Mainland,
In other words, legally speaking, if the buyer wants to change the name on the title deed to someone else's name, he or she needs to go through the transfer procedures and pay the relevant taxes and transfer fees.
Therefore, buyers need to carefully check their document information when buying a property to avoid unnecessary trouble.
.04.
The information on the title deed needs to be consistent
When buying a property, buyers need to pay attention to whether the information on the title deed is consistent with the actual situation. If you find that the information on the real estate certificate is wrong, you need to go to the relevant departments to correct it in time, if you do not correct it in time, it may have an impact on the future house sale, demolition, etc.
1. Affect the mortgage of the house
If the information on the title deed does not match the actual situation, the bank or other financial institution may deny or restrict the mortgage due to risk or policy.
For example, if the purpose on the property deed is commercial but in fact residential, the bank may consider this to be a case of commercial to residential, and many areas are not allowed to apply for a home loan.
2. Affect the inheritance of the house
If the information on the title deed does not match the actual situation, the heirs may affect the confirmation and enforcement of the inheritance rights due to unclear rights or disputes.
For example, if the co-owners on the title deed do not match the actual ones, the heirs may encounter objections or lawsuits from other co-owners.
3. Affect the future purchase and sale of houses.
If the information on the title deed does not match the actual situation, the buyer and seller may have doubts or disputes that affect the transaction process or price.
For example, if the area on the title deed is smaller than the actual area, the buyer may be concerned about illegal construction or other issues, and if the use on the title deed does not match the actual use, the buyer may be concerned about illegal alterations or other issues.
.05.
After buying a house, you need to apply for a title certificate
After purchasing a property, the buyer needs to apply for the title certificate in time. The title certificate is a document proving that the buyer has the ownership of the house, and it is an important basis for the buyer to enjoy the rights and interests of the house. Failure to process the title certificate in a timely manner may lead to the infringement of the rights and interests of the house.
According to the relevant provisions of the Law on the Administration of Urban Real Estate, "the state implements a system of registration and issuance of certificates for land use rights and house ownership. "All real estate within the prescribed scope of registration must be in accordance with the provisions of the ownership registration measures, to the real estate administrative organ where the real estate is located to apply for property rights registration, after examination and confirmation of property rights, by the real estate management authority issued a certificate of ownership, property rights are legally recognized.
Therefore, buyers need to understand the process and precautions of the title certificate in time after purchasing the property to avoid unnecessary trouble. At the same time, buyers also need to pay attention to the authenticity and validity of the title certificate to avoid being infringed by criminals.
In conclusion, in the process of buying a property, we need to pay attention to the above 5 regulations. Only by understanding these regulations and complying with them can you ensure that your rights and interests are protected.
At the same time, it is also necessary to pay attention to the authenticity and validity of the property right certificate to avoid unnecessary infringement.
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