How to write partnership to buy a house? These ugly words have to be said in the front.

It is understood that it is not uncommon for relatives and friends to buy a house in partnership, especially under the policy of restricting purchases and loans. Although it is ok for two or more people to buy a house together as long as the relevant policies are met, the owner of such a house may face considerable risks. Then, what legal issues should be paid attention to when buying a house in partnership?

1, find out the difference between * * * and * * * and * * *.

* * * There are two ways to register property rights: one is * * * with * * *, and the other is * * * by shares. Different registrations have different legal consequences and different ways of division.

Simply put, * * * and * * * have * * regardless of share size. Considering the amount of capital contribution and other factors, it shall be divided equally in principle. In principle, it shall be divided into shares according to the proportion of capital contribution, unless both parties agree not to divide it according to the proportion of capital contribution.

Therefore, if the two parties make different contributions, they should register as shares and write their respective shares clearly.

2. Sign 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 bank loan agreement

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.

In another case, the court calculates the total investment as the sum of the down payment of both parties and the principal and interest paid back to the bank, rather than understanding the total investment as the simple addition of house prices.

Therefore, if you borrow money from a bank in the name of one party and return it separately, it should be clearly stated in the written agreement whether the bank loan is contributed by one party and the way of division in the future.

Borrow money from a bank in the name of one party, and both parties shall jointly repay it, and the account in which the money enters and exits shall be specified in detail, and the monthly repayment shall also be made by bank transfer. In some cases, one party pays the borrower in cash to repay the loan, which makes it difficult to prove his contribution after the dispute. We should avoid such risks in joint investment.

4. The share of "* * *" shall be stated in the partnership purchase price.

There are two ways to register multiple owners of a property: "* * * with * * *" and "* * * by share". * * * and * * *, regardless of share size, are all the same. In principle, it is equally divided, and it is common for both husband and wife to buy a house. In principle, it shall be divided according to the proportion of capital contribution, unless both parties agree not to divide it according to the proportion of capital contribution. If relatives and friends buy a house in partnership, the latter is generally used.

Lawyer's suggestion: friends should agree in advance to buy a house in partnership. "Only by clarifying the ownership of responsibility, money, power, interest and housing can we realize the basis of interests." For example, the registration of real estate is "shared by shares", and each copy must be clearly written. In addition, in order to avoid disputes in the future, it is best to sign a written agreement, clearly stating their respective investment methods, investment amount, who will repay the loan, how to divide it, how to bear or share the relevant taxes and fees, rental income, use, disposal, property management fees, etc. And the details such as quitting halfway should also be clearly agreed.

5. The loan is risky.

The staff of the bank's personal loan department revealed that there are many cases where friends buy houses together, and banks take a very cautious attitude towards such loans. When two or more people buy a house in partnership, in the bank housing loan contract, only one person can be the "main lender" and the others are the "same lender". When determining the main lender, generally choose the one with loan qualification and strong repayment ability.

In the process of loan, there is a loan relationship between the main lender and the bank; Other * * * owners should sign the same personal mortgage contract (the spouse of the spouse should also be present to sign), indicating that they agree to mortgage the purchased * * * own property to the bank. However, this does not avoid risks. Once there is a dispute between * * * people, the main lender will bear the risk that other * * * people will not repay the loan as agreed. In addition to individual mortgage loan contracts, some banks have also signed multi-party agreements with everyone. The multi-party agreement clarifies the rights and obligations of all owners. When the borrower fails to repay the mortgage on time, the bank can collect the loan from other owners.

Lawyer's suggestion: if you borrow money from a bank in the name of one party and return it separately, it should be clearly stated in the written agreement whether the bank loan is contributed by one party and the future division method. If you borrow money from a bank in the name of one party and both parties repay it, you need to have a more detailed agreement, stipulating that the money will be transferred to the transfer-out account, and the monthly repayment will also be made by bank transfer. Doing so can try to avoid the risk that one party will hand over cash to the borrower to repay the loan, and there is no account record, so it is difficult to prove after a dispute occurs.

Bian Xiao suggested buying a house alone as much as possible, so there would be no disputes. After all, the joint venture to buy a house is for investment and appreciation. Earn more and earn less is the second. Falling house prices not only lose money, but also easily hurt friends. Most individuals want to buy a small apartment with a low total price. Bian Xiao recommended these buildings: the first Tixiang County, the British Palace in Peacock City of Yongding River, and the Pearl View. So you don't have to buy a house with others.

(The above answers were published on 20 17-03-07. Please refer to the current actual purchase policy. )

Click to view more real estate information.