With the rising house prices, some parents with ability or foresight begin to buy houses for their children. Even some parents will directly write their children's names when buying houses, because they believe that the house will be left to their children in the future. It's not a bad thing to write names first, but is it really so? Let's take a look at the pros and cons of buying a house and writing children's names.
Advantages of buying a house and writing children's names
1. Some taxes can be avoided
If parents directly register the house in the name of their minor children, it will save a lot of money and be much more convenient than donating the house or inheriting the house to their children in the future. There is no need to worry that their children will be subject to inheritance tax in the future.
2. Avoid the risk of family bankruptcy and leave a way for yourself and your children
Some parents may have been engaged in business and accumulated more wealth, so they buy real estate in the name of their children as financial management. If they face the risks of business failure and insolvency, they can retain some capital and leave a way for themselves and their children.
3. When the relationship between husband and wife is in crisis, starting from the protection of children's rights and interests, register the real estate in the name of children
It can not only provide a certain guarantee for children's life and study, but also effectively protect children's rights and interests in the event of a crisis between husband and wife. There are many couples who are discordant and may divorce. Buy a house and write the name of the child. After divorce, the house also belongs to the child. The house can only be managed by the party who obtains the custody of the child temporarily, and neither husband nor wife has the right to dispose of the child's real estate. This protects the rights and interests of children.
4. As the premarital property of children, real estate will not involve the division of common property of husband and wife after marriage
According to China's new marriage law, no matter how many years of marriage, the premarital property will be owned by one party, and it does not need to be divided when divorcing again. The house bought when the children are minors must belong to premarital property. There is no need to worry about the divorce of the children.
Disadvantages of writing children's names when buying a house
1. The house payment needs to be paid in a lump sum, increasing the economic burden when buying a house
Because the real estate ownership certificate is the child's name, that is, the house property owner is the child. If the child is not an adult, he can't buy a house through a bank loan.
Minors have no repayment ability, and the object of bank loans is a natural person with full civil capacity. Therefore, banks generally do not approve loans, and parents can only buy houses for them by paying the full amount. For young parents with insufficient funds, the economic burden is large, and it is difficult to bear the full amount of house purchase.
2. Even if the children fail to fulfill their maintenance obligations, the parents cannot take back the house
As parents pay for the house purchase, registering the house property in the name of minor children is regarded as a gift to minor children, who are the legal owners of the house《 After the implementation of the property law, the house property rights have been more clearly protected. If the children do not fulfill their obligation to support their parents when they grow up, there will be a great obstacle for the parents to recover the house at that time.
3. Parents shall not dispose of houses under the name of minor children at will
It is easy to add a name but difficult to remove it. According to the law, if there is a minor child's name on the house property certificate, the parents cannot transfer or mortgage at will. The parents can dispose of the property under the child's name only when they prove that it is for the interests of their children. For example, it is proved that it is for minor children to treat diseases, study abroad, etc. When the children grow up, the parents want to sell, gift or mortgage the real estate. Only when the children entrust, the parents have the right to deal with it.
As for whether the house should write the child's name or not, everyone has his own specific situation. I believe that after reading these advantages and disadvantages, everyone will have his own balance.