Is it illegal to buy a house by fake marriage?

If it is a fake marriage certificate to buy a house, then the act of forging documents is illegal and may be suspected of forging the seal of a state organ. If it is a formal procedure, it is not illegal to apply for marriage certificate leave.

Fake marriage for the purpose of buying a house is simply that one party registers marriage with the opposite sex with the purpose of obtaining the qualification of buying a house, but both parties do not exercise the rights and obligations of husband and wife.

1. "Fake marriage" has the legal effect of real marriage. The two parties to the marriage have reached an agreement and gone through the formalities of marriage registration, which has the legal effect of real marriage;

"Fake marriage" is very risky to buy a house.

(1) Divorce risk. China clearly stipulates the freedom of marriage. If the other party refuses to divorce after getting married and buying a house, the actual buyer may have to go through judicial procedures to achieve his goal.

(2) Property risk. The act of buying a house occurs after marriage, and if there is no special agreement between the two parties on the property of husband and wife, it should theoretically belong to the joint property of husband and wife. If the other party requests to divide the property during the divorce, the interests of the actual purchaser may suffer huge losses. In addition, if one party generates foreign debts during the marriage relationship, the other party may also be liable for repayment.

(3) personal safety. Many criminals use marriage to commit illegal acts, such as "marital rape".

Legal basis:

Article 4 of the Regulations on Marriage Grades: When a mainland resident marries, both men and women shall * * * register their marriage at the marriage registration office where one of the permanent residences is located.

If a China citizen marries a foreigner in the Mainland, and a mainland resident marries a Hong Kong resident, a Macao resident, a Taiwan Province resident or an overseas Chinese in the Mainland, both men and women shall * * * go through the marriage registration office where the permanent residence of the mainland resident is located.

Article 280 of the Criminal Code of People's Republic of China (PRC).

1. Whoever forges, alters or buys or sells official documents, certificates or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

2. Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.

3. Whoever forges, alters or buys or sells resident identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.