Avoiding the "new divorce" method is not desirable.
New Deal influence gradually revealed
state new property new deal, demand for loans to buy two homes, loan down rate is not less than 50%, the interest rate should not be less than 1.1 times the benchmark interest rate, resulting in the first suite and two. The difference in suites loan is further widened. For this reason, many married couples fight the idea of fake divorce and try to circumvent national policies. However, the legal profession is warning that there is a big risk of fake divorce -
recently, the state issued a new housing policy to tighten the two suite loans. In the interview, the reporter learned that, as two suites to the family as a unit to identify, to this end a number of married couples who have a suite, to enjoy the first suite, have to play "false divorce" idea. In this regard, the legal profession reminded that "false divorce" there is a legal risk, resulting in property losses or will be irreparable.
Mr. Qi, a legal adviser to a real estate company, has recently received several consultancy calls to try to avoid the new deal through "false divorce". He told reporters that before the real estate deal came out, the owner Mr. Shao and his family valued the house of the real estate company and delivered the intention money. At the time of signing the contract, the state has issued a new property policy, requiring a family of second sets of housing for loans. The proportion of the first payment of the loan shall not be less than 50%, and the loan interest rate should not be less than 1.1 times the benchmark interest rate. Mr. Shao had just scraped together 30% of the room's money, and all the other loans were ready. He could pay 50% of the money according to the new national policy. Mr. Shao consulted, because they have bought a suite, can we pass the real estate to his wife through the way of "false divorce"? Is it possible to enjoy the first suite by himself alone?
the reporter learned that, in fact, before the new property policy, the bank in the implementation of the first suite and the two suite rate standards are different, the use of "false divorce" to obtain preferential policies for housing loans have appeared. The head of a bank's personal loan department gave the reporter an account: if the public had previously handled a loan of 500 thousand yuan and 20 years, the total interest rate was about 230 thousand yuan. If the interest rate was raised to 1.1 times the benchmark interest rate, the total interest rate of 20 years was about 390 thousand yuan and nearly 160 thousand yuan more than that of 30 percent off. Such a big difference is bound to be a family desperate to abandon the business of more than a decade of marriage, through the "false divorce" way to circumvent the new deal.
industry insiders told reporters that in order to prevent other people from drilling the new deal in real estate, especially by "false divorce" to avoid the new deal, a series of temporary policies have been introduced. Beijing Housing Construction Commission recently issued "on the implementation of the same home purchase family can only buy a new set of commodity housing policies in this city", requiring buyers to fill in the "family membership declaration form" before signing on the Internet. Real estate development enterprise, brokerage agency or stock room net signed service window check the declaration form and copy the file by checking the original residence book of the buyer, marriage certificate and other documents. In addition, for the special case of buying and selling housing through fake divorce, the regulatory authorities will continue to improve in the process of operation.
through the "false divorce" way to circumvent the real estate new deal, what risks? Song Zhenxiang, a senior lawyer at Chen Jing's law firm in Shandong, said that marriage is free in law. Even if a husband and wife are divorced for a variety of purposes, a divorce will be legally effective as long as the complete legal procedure is fulfilled. Although both sides are divorced in name, the money used to buy a house during the divorce is actually the common property of the couple. After the fake divorce, it is difficult for the parties to control the risk. Once a party is unwilling to remarry, the property loss caused by divorce will be irreparable.
Song Zhenxiang explained in detail that, according to the law, remarriage after divorce, the property owned by both parties before the marriage is personal property, not as the common property of the husband and wife, if the party who owns the property does not agree to change the registration, the other party will bear a lot of loss. If the "false divorce" occurs, the husband and wife sign the "false divorce agreement", which means that the two sides are fake divorces, and the property purchased during the divorce is a common property. Even after remarriage, there are legal risks to the litigants. Because there is no "false divorce" in law, "false divorce" is actually a real divorce. After divorce, the property belongs to the individual property of one party, not the common property of husband and wife which can be restricted by the "false divorce agreement". The "false divorce agreement" is not legally binding. Therefore, there is a great legal risk for couples to obtain preferential loans in the so-called legal form of "false divorce".