Beijing is cracking down on real estate speculation.
Those who divorce multiple times and scam purchasers will be held accountable
According to news from Anju Beijing on August 11, on August 5, 2021, the Beijing Municipal Commission of Housing and Urban-Rural Development issued the "Announcement on Further Improving the Purchase Restriction Policy for Commercial Housing" (hereinafter referred to as the "Announcement"). And the execution caliber, the unified answer is as follows:
Question: Regarding the implementation time of the "Announcement".
Answer: The "Announcement" is not retroactive.
That is, before August 5, 2021 (inclusive), divorced families who have gone through the divorce procedures or have filed for divorce with the civil affairs department will still be implemented in accordance with the original policy.
Question: "If the number of housing units owned by the original family before the divorce does not meet the restrictions on the purchase of commercial housing in this city, within 3 years from the date of divorce, neither party shall purchase commercial housing in this city".
Answer: For ease of understanding, we classify and interpret with examples.
(1) Families with registered permanent residence in this city (both husband and wife or one of them is a household registered in the city), including families of active military personnel and armed police officers stationed in Beijing, and families with valid "Beijing Work Residence Permit"
The number of housing units in the family of A and B before the divorce is 2 or more, and the application and the divorce procedures after the publication of the "Announcement" are divided into the following three categories:
The first type of situation: A and B have not remarried or remarried within three years after their divorce.
No matter how the real estate is allocated at the time of divorce (all real estate belongs to A, or all real estate belongs to B, or real estate belongs to A and B separately), and regardless of whether the real estate is transferred out after the divorce, A or B are not allowed to stay in Beijing for three years from the time of divorce. Buy a house.
The second type of situation: after A and B are divorced, one or both of them remarry to form a new family.
After remarriage, if the new family complies with this city’s housing purchase restriction policy, they can buy a house in Beijing, but it needs to be emphasized that A (or B) cannot sign a contract for a new house purchase.
The third type of situation: A and B remarried after divorce.
Regarding the restoration of the original family status, whether it is possible to buy a house depends on the number of housing units owned by the family at that time and the qualification of the married family in this city to review the house purchase.
(2) Families not registered in this city (eligible for paying social security or personal income tax for 5 consecutive years)
A. B. The number of housing units owned by the family before the divorce is 1 or more. If you apply for and go through the divorce procedures after the "Announcement" is issued, if you have not remarried or remarried, regardless of how the property was allocated at the time of the divorce, and regardless of the property after the divorce Whether to transfer out, A or B is not allowed to buy a house in Beijing as a single person within three years from the time of divorce.
However, if the remarriage or both parties remarry, the number of housing units owned by the family after the remarriage or the remarriage shall be determined according to the qualification of the married family after reviewing the house purchase.
(3) Families who plan to buy a house in Tongzhou District
On August 15, 2015, the City of Japan issued the "Notice on Strengthening the Management of Commercial Housing Sales in Tongzhou District" (Jianjian Law [2015] No. 12), implementing differentiated purchase restrictions on Tongzhou District.
If A and B meet the conditions for buying a house in Tongzhou before the divorce, after the divorce, one or both parties apply for house purchase as a single family. If they still meet the purchase restriction policy of Tongzhou District, they can buy a house in Tongzhou District.
Finally, please note: The review of purchase restrictions within three years from the date of divorce is conducted on the number of housing units owned by the original family before the divorce.
At the same time, the Municipal Housing and Construction Commission will strengthen monitoring with the Civil Affairs Bureau, the Municipal Public Security Bureau, the Beijing Taxation Bureau and other relevant departments. Investigate the legal responsibility, and the criminal offences will be transferred to the public security organs for handling.
Text / reporter Zhu Kaiyun