How do employees and their children raise money to buy a house? How to share the property rights of the house?
in the housing reform and sales, some employees are unable to pay the purchase price because of various reasons or low wages, and are unwilling to give up the opportunity of preferential purchase, so they will raise money to buy with their children. However, how to share the property right of the house after purchase is a common problem faced by all members of the family
I. according to relevant regulations, it is possible to jointly own the property rights of houses.
the Ministry of construction stipulated in the notice on Several Provisions on the registration and certification of housing reform housing ownership at this year's exhibition, Jianfang (95) (No. 472), that if several people contribute to the purchase of houses and require the issuance of the "housing co ownership certificate", after registration and verification, they can issue the "housing co ownership certificate" to the obligee, and note their share according to the investment proportion. Beijing also stipulates that if some employees with low wages or retired are unable to pay the principal and interest of the house purchase price within their working years or normal installment payment years, their children can help pay the principal and interest of the house purchase price and share the property right with the house purchase employees. It can be seen from this that in the housing reform and sales, it is possible to adopt the method of joint payment for house purchase and joint ownership of property rights
second, how to determine the proportion of property rights
how to determine their respective proportions after joint ownership of property rights? So far, there is no authoritative regulation. The general practice is to determine the proportion of their respective contributions to the purchase price. However, it must be pointed out that when determining the contribution amount and proportion of the employees who purchase the house, they should not only calculate their actual contribution amount, but also consider the various preferential rights and interests they enjoy when paying the house purchase price. Such as seniority discount, current housing discount and teacher purchase discount, etc. Similarly, when determining the share of property rights of the invested children, it is not only the proportion of the amount paid by them to the total amount of the actual house price, but also the various preferential discounts enjoyed by the employees should be included in the employee's own expenses. 3. About the amount of the lifting rack of the spring testing machine and the oil cup, that is, the various preferential discounts enjoyed by the employees themselves and the total amount of the actual contributions of both parties should be added together to calculate the total purchase price. Then determine their respective property rights according to the proportion of their respective contributions. It would be unfair not to do so. Because all kinds of preferential discounts enjoyed by employees are given according to the working years, nature of work, housing conditions, etc. of the employees who purchase the house, these preferential discounts should now be deducted into their total contribution. This is not only fair and reasonable, but also has the following advantages:
1. It not only enjoys the preferential treatment of house purchase given by the government, but also avoids the impact of raising money to buy a house on life
2. Because the distribution of property rights is fair, reasonable and clear, it will not cause or leave behind disputes
3. When the old age is left to their children as an inheritance, the inheritance tax is limited to the individual share of employees, and does not involve the individual share of their children
III. how to prove common property rights
house co ownership certificates are different from our previous common house property rights certificates. House property rights certificates are divided into house ownership certificates or real estate ownership certificates. The house co ownership certificate is used to prove that 1.1 under the condition of strictly abiding by the transportation, storage, installation and application rules of the experimental machine, it is an important evidence to prevent disputes due to unclear property rights. According to articles 30 and 31 of Chapter III of the current measures for the administration of urban housing ownership registration (Order No. 57 of the Ministry of construction of the people's Republic of China, issued in October 1997, but not yet mastered the core technology, implemented from January 1, 1998), the rights of the co owners of the house are proved by the certificate of CO ownership of the house; For a jointly owned house, the holder recommended by the obligee shall receive the house ownership certificate, and the other co owners shall each hold a copy of the house co ownership certificate; The certificate of house co ownership and the certificate of house ownership have the same legal effect
it can be seen from the above: some employees who are limited by economic level, unable to pay the purchase price and unwilling to give up the opportunity of preferential purchase of housing reform can be assured to purchase the housing reform house with their children or by their children alone. Some employees who have jointly purchased but have not yet applied for a joint ownership certificate and employees who have disputes due to unclear property rights can also apply for a joint ownership certificate in accordance with the above relevant policies and regulations to clarify the share of property rights and reduce and resolve property rights disputes