Pay attention to these points when buying a house in partnership. You must make it clear.

In real life, considering the complex environmental factors such as economic problems and family friendship, more and more people may choose to buy a house in partnership with their families or friends. One is for mutual benefit, the other is to share economic pressure, and the third is to reduce risks. But everyone should know that no enterprise must be profitable, and the same is true of buying a house in partnership. There are also many disputes for their own interests, so we must understand what matters need to be paid attention to after the partnership to buy a house and the transfer of shared property rights. Make corresponding preparations before talking about buying a house in partnership.

Matters needing attention in buying a house in partnership

Two people who buy a house need to confirm the agreement and go to the notary office for notarization. If friends who are not related to each other can buy a house in partnership, but they need to sign a partnership agreement to buy a house, and each party holds one. Clarify the ownership of responsibility, money, power, interest and housing, so as to achieve the basis of coexistence of interests. After determining the content of the agreement, you need to go to the notary office to go through the relevant procedures. If the property right belongs to two people, you can buy it. If only one party applies for a loan from the bank, the agreement also needs to make it clear that the other party must pay the monthly housing loan to the other party by transfer (or cash payment, etc.). ) every month. In addition, the agreement should also record the common expenses of the house in detail, such as mortgage repayment, property management fees, various cleaning fees, etc.

(a) to find out the difference between sharing and sharing by shares.

There are two ways to register joint property rights: one is joint ownership, and the other is joint ownership by shares. Different registrations have different legal consequences and different ways of division. Therefore, if the contributions of both parties are different, they should be registered as joint shares and their respective shares should be clearly written.

(2) signing a written agreement

It's not enough to just indicate it on the property registration. It is best to sign a written agreement: clearly write down their respective investment methods, investment amount, who will repay the loan, how to divide it, related taxes and fees, rental income, use and property management fees, and how to bear or share them. And clearly defined the responsibilities and rights. In case of dispute between the two parties, this written agreement will become an important basis for resolving the dispute.

(3) Detailed agreement on bank loans

In practice, the court has different understandings on how to determine the nature of borrowing from a bank in the name of one party and repaying it monthly. Some courts believe that the bank loan belongs to which party and is a financing contribution; Some courts believe that only the actual down payment and the interest and principal returned every month can be recognized as capital contribution.

On the transfer of common property rights in partnership housing purchase

When relatives and friends buy a house in partnership, Qixin may cooperate together when buying a house, but when selling a house, he encounters the problem of the distribution of property rights income. According to articles 9 to 14 of the judicial interpretation, the transfer of joint property rights in partnership house purchase is specified in detail:

1. Let's look at the agreement of the co-owners: during the exercise of the preemptive right, if there is an agreement between the co-owners, it shall be handled according to the agreement.

2. Inheritance and bequest take precedence over co-owners: when the subject of rights of co-owners changes due to inheritance and bequest, other co-owners who advocate priority purchase will not support it, unless otherwise agreed between co-owners.

3. Co-owners have priority over outsiders: co-owners by shares transfer their shares to people other than co-owners, and other co-owners by shares request to buy the shares under the same conditions according to laws and judicial interpretations, which should be supported.

4. The transfer between co-owners, other co-owners have no right to interfere: the transfer of joint shares between co-owners by shares, if other co-owners claim the preemptive right according to Article 101 of the Property Law, will not be supported, unless otherwise agreed between co-owners by shares.

The above contents are all about the introduction of matters needing attention in buying a house in partnership, and the common disputes after buying a house. I hope it can help you correctly evaluate the risk of buying a house in partnership and the relevant precautions before buying and selling, and remind you again that all relevant contents must be written clearly. In case of dispute between the two parties, this written agreement will become an important basis for resolving the dispute.