“Do you have any news? “February 18, after the silence of the entire Spring Festival, dozens of people in the WeChat group one after another,” bubble “. Nearly a month after the introduction of the new property purchase restrictions in Shanghai, the affected in-transit Home buyers are still waiting for an “exemption” from the rules.
Most of them come together through the internet and have a common identity: divorced for less than three years. After suffering from an unhappy Marriage, they are looking forward to a new Life with a new house, but they have fallen in front of the purchase restriction order that “combats fake divorce”.
According to the number of housing units owned by the Family before the divorce, overnight, some people’s eligibility to buy a house has been reduced to a bubble, and some people’s “first suite” has become a “second suite”. The second suite”, the down payment is several million higher …… bank to suspend loan approval, intermediary contract late default, anxiety is not only up to three years The “homelessness”, but also the threat of high financial compensation.
However, two working days after the holiday, the response from the official website of the citizen service hotline (12345) is not optimistic. A district housing authority responded by reiterating the “divorce purchase restriction” provision, saying “At present, the transaction center is strictly enforcing the provisions of the policy”.
On February 19, media reports confirmed that Shenzhen has once again tightened the “divorce purchase restriction” policy. Previously, for those who remarried and remarried, the Shenzhen Housing Authority opened a “small mouth”, according to the current number of family properties to calculate the eligibility to buy a house. The new policy, which is being implemented in a low profile, is said to “close the loophole”. “The couple divorce and divide the property registered to the name of one of the ineligible parties, the other party from the date of divorce within three years, no longer Shenzhen City to buy commercial housing”, within three years of remarriage or remarriage, the same applies.
“After 70” state-owned enterprise executives Lin Jing is in this situation. When you see the news in the evening, she can’t help but laugh at herself, “I am not considered a dying struggle? “For more than a month, the gossip is endless:” this restriction is going to come the most stringent, ‘misfortune’ in all. ‘Misadventure’ is inevitable …… “She and the group of friends encourage each other every day “hand in homework”, adhere to the voice through a variety of telephone and network petition channels, originally also looked forward to Shanghai can learn from Shenzhen.
“The regulation and control policy is for ‘speculation’ and not ‘live’. Government decision-making should be based on adequate research and should not ignore the rights of each citizen. “Lin Jing is worried that the “divorce purchase restriction” policy will The “divorce cooling-off period” in disguise, impeding the freedom of divorce. In the “post-restriction era”, the agreement to divorce how to divide property, or will become an additional problem.
The impact of the new policy
In May 2020, Dingdang successfully went through a divorce, took several hundred thousand yuan in compensation and moved back to live with her Parents. After two months, Dingdang discussed with them to replace a new house. For one thing, she couldn’t stand the noise from upstairs in the middle of the night, and her father’s sleep and health were not good since his stroke; for another, the house was more than twenty years old, and the living environment was average. Because of the divorce, Ding Dang added a guilt to her parents, hoping to change a large house, so that they can live happier in their old age.
At this Time, the Shanghai property market, which has been “sideways” for nearly three years under strict regulation, is quietly heating up. Data from the E-House Research Institute shows that the area of new commercial residential transactions in Shanghai in September jumped 40.5% year-on-year, and the number of second-hand house transactions also rose 46.8% year-on-year, hitting a record high since 2017. The National Bureau of Statistics released data showing that in December 2020, the sales prices of new and second-hand homes in Shanghai increased by 4.2% and 6.3% year-on-year, respectively.
After selling her old house in November, Dingdang quickly looked at a house with a nice floor plan of more than six million yuan. after paying the deposit on December 29, Dingdang was relieved and just waited for the net signature on February 10 to move into her new home. The new house will be decorated in the style of furniture, kitchen and bathroom appliances, “as if I feel that a new life is about to begin, and I can finally live with my marriage and The ‘old broken small’ are goodbye. “
However, all this was broken on January 21. At 21:00 that night, Shanghai Housing and Construction Commission and other eight departments jointly issued a red-headed document “Shanghai ten” (“on the promotion of the city’s stable and healthy development of the real estate market opinions”). The third article is: “Strictly implement the housing purchase restriction policy. If a couple is divorced, the number of housing units owned by either party who purchased commercial housing within 3 years from the date of divorce is calculated based on the total number of units in the family before the divorce. “
The document shows that the implementation date is January 22, the policy “window” of less than 3 hours. The move was interpreted as Shanghai’s rapid response to rising home prices. Ding Dang initially did not realize that the “restrictions” and what they have to do, or the agent called to remind her to ask.
The answers varied from one transaction center to another and from window to window. The staff often adds that the rules are not yet available, and what they say has no legal effect.
Some people say: divorced singles are limited to one suite, and because the ex-husband has a suite, so she can not buy. Others say: this situation is considered a “second suite”, but even so Dingdong can not accept. For non-ordinary housing (such as an area of more than 144 square meters), the first and second set of down payment ratio is 35% and 70%, respectively, which is equivalent to an overnight down payment of more than two million.
Although she is a middle-class foreign enterprise with good financial conditions, Ding Dang still can’t think of where she can raise such a large sum of money. When she thought of her parents’ worried eyes, she couldn’t help but cry and couldn’t sleep well at night. It was suggested that the house be bought in full in the name of her parents, but she felt that the inability to use her CPF loan and other benefits would defeat the purpose of the original replacement.
Five days before the agreed time of February 10, the seller first sat down and asked the agent to meet Ding in person. She had a premonition that the contract would be terminated, and sure enough, the other party began to throw down harsh words: their family also wants to replace the new house, immediately to pay a deposit of 500,000, if the final impact If the transaction is affected, the loss must be compensated by the Dingdang family.
Disheartened, Ding Dang silently withdrew from the WeChat group. For a long time after the divorce, she was in a state of depression and was also found to have polycystic ovarian syndrome. Now, she began to advise her young friends around her to consider marriage carefully. “After young people buy a house, they will also have a sense of belonging to the city and feel a goal to strive for,” lamented Dingdang. “But now many of us are not in love. “
True or false divorce
Shanghai is not the first city to introduce “divorce restrictions”. 2018, Chengdu first precedent; Epidemic After the “unsealing”, the national property market generally rebounded, since July last year, Shenzhen, Nanjing, Wuxi, Ningbo and many other places introduced “the strictest purchase restriction policy in history” to combat “fake divorce to purchase houses “.
Since the implementation of the national property market control policy in 2010, in order to circumvent the purchase restrictions or the “second suite” down payment ratio and loan interest rate increases. The phenomenon of “fake divorce” has emerged, which has also led to many housing transactions or family property disputes.
The introduction of real estate control policies and the rising divorce rate in recent years have been linked, and are particularly prominent in several major cities that have imposed restrictions on the number of housing units. The study by Dr. Zhiyi Chen and Professor Jiangyong Fan of Fudan University found that the purchase restriction policy increased the divorce and remarriage rates in cities by 0.2 and 0.05 thousandths of a point, respectively, and that the effect was not related to the severity of the purchase restriction policy, but had a The impact is not related to the severity of the purchase restriction policy, but is closely related to the area of the city and the size of urban real estate agents.
“The matter of cracking down on ‘fake divorce’ has been mentioned, and this time it should be pressure from above. “Shenzhen Real Estate Research Center senior researcher Li Yujia has pointed out in an interview, the household registration speculation is an important way to “break the purchase restrictions” by tying the divorce “That’s why there is a rule about divorce retroactive three years of home purchase records.
“I support the purchase restriction policy, but shouldn’t it be screened to see if it’s a fake divorce to speculate on a house or a real divorce to buy a house? My previous two houses were held for more than ten years, if I wanted to speculate, I would have sold them long ago. The first time I saw the “Shanghai ten” news sent by a friend The news, Lin Jing is still confused, a few days later through the transaction center to confirm the purchase restrictions, the first reaction is aggrieved.
Last December, Lin Jing and her husband agreed to divorce, with two children and parents living in their own purchase of more than 100 square meters of the husband’s house. She has long intended to replace, at this time has signed an intermediary contract with the buyer, received a deposit of more than 400,000. As the other party needs to go through the internal family inheritance transfer procedures, coupled with the terrace sunroom is illegal construction needs to be demolished, Lin Jing “kindly” will be the original plan of the online signing time from December The buyer had to go through the internal family inheritance transfer procedure, and the terrace sunroom was an illegal structure that needed to be demolished.
Now, instead, the buyer is “lionized”, if not sell the house, it will require 20% of the price of the default, which is more than 1.3 million yuan. The other option is that the transaction will proceed normally, and the house will be rented back to Lin Jing’s family until she can buy a new house after three years. Lin Jing thought it was absurd, “I’m not selling the house to make a profit, but there are unpleasant memories here, I don’t want to live here anymore and want to start over with a new place. “
“The logic of the new policy is the ‘speculation’ conspiracy theory, especially unfair to me, I can’t figure out what I did wrong? The final conclusion is that I am not ruthless enough. “Before marriage, Lin Jing also has a small house of 45 square meters, divorced to the former husband. If the original sold the small house, give him cash compensation, today is not restricted, “the problem is that this is very cruel, he does not have a Shanghai household registration, take the money and what is the use? “
At the age of 32, under the urging of parents to marry, Lin Jing and talk about half a year of the group colleagues married. 11 years, the two together for less than two years combined. The husband is always working in the field, work performance and economic income is also far less than her. After the marriage of the first child, Lin Jing felt a little discomfort, but still with the hope of mutual growth, chose to give birth to the second child, but found that more responsibility is still only on their own, not the slightest economic and spiritual dependence.
The company’s main goal is to provide the best possible service to its customers. The existence of the family. Lin Jing felt that the original agreement to divorce and break up was decent, but now she has to expose her privacy everywhere in order to prove that she should not be restricted, and this is the point that she is most angry.
In the past month, Lin Jing has also secretly cried several times. Mom’s chronic illness, Lin Jing lied to her that “the buyer is kind and good to talk”, not to let her worry; Dad looks difficult again, but also to hold back the words; and 10-year-old daughter. She promised to give her “a room of her own”.
At the beginning of February, the grandmother died at the age of 90, more heartbreaking Lin Jing. She thought, change the first floor or elevator room, will not be as inconvenient as the sixth floor husband room, but the grandmother finally did not wait until the day to play in the granddaughter’s “new home”.
Escape from marriage
According to Dingdong’s observation, the new policy of “divorce restriction” directly affects the majority of women. “Many times, the man has a premarital property, the woman divorced out of the household; more complicated with children, mothers often do not want to give up their children, the man will fight for custody as a threat to force her to voluntarily give up the property. “
If not for Shanghai’s new purchase restrictions, Ding Dang originally never wanted to contact her ex-husband, but this time had to ask him about the property situation. On the advice of the agent, she also tried to negotiate with him to gift that house to his parents and she could bear all the handling fees, but he flatly refused.
The rift in the marriage started when she discovered her husband’s credit card bills. The monthly figure of up to 50,000 yuan made Dingdang dumbfounded at once. The first time she approached her husband for confirmation, he said he owed her a total of only $200,000 for a decent wedding. Dingdang agreed to accompany him to pay back, when he offered to add his name to a property worth more than 2 million before marriage, so that she could have a bottom in her heart and “guarantee repentance”.
However, after six months, she found that credit card debt is still so much, called his parents to confront, he finally admitted that the debt before marriage has been 700,000 to 800,000. All this time, the east wall to mend the west wall, there are 36 credit cards alone. To add insult to injury, her husband has been unemployed at home for three months due to industry shock layoffs, and family expenses are borne by Ding Ding. She thought she had given her husband a chance and could not accept being cheated again, so she resolutely filed for divorce.
Unexpectedly, the in-laws were still protecting their son and rightfully told her, “Since you are married, you are obligated to pay the debt with him. Besides, who knows if the money was spent by you? Ding Dang felt incredibly aggrieved and heartily did not want to have anything more to do with this family.
However, the unexpected arrival of the epidemic delayed the divorce process. The first time “unblocked”, Ding Dang went to the Civil Affairs Bureau “The divorce was only registered a month later.
Ding Dang still remembers that one night, her husband, who insisted on staying with her, lost control of his emotions and picked up a cup and hit his head, leaving blood all over the floor. She took him all the way to the emergency room, CT, stitches, medication, infusion, home to help him wash his hair, clean up the blood clots, until the middle of the night, did not sleep a few hours and then go to work.
“I’m sorry, I don’t deserve you”, these words are still ringing in my ears. But when my parents came to the house during the day, my husband was full of words to echo their criticism, “Why are you so unlucky now? You owe money and you’re unemployed because you married that woman and it brought your luck down. “Dingdang, who wanted to take a leisurely look at her pet dog at work, accidentally witnessed this dramatic scene through the video surveillance at home. She died completely and sent a WeChat message to her husband: “I heard it all. “
For Xiaotang, the two-year marriage was a “huge hole” from beginning to end, and the first hurdle in her smooth life.
After her mother’s strong opposition, Xiaotang was forced to break up with her American boyfriend, whom she loved, and accept a blind date after returning from her studies. The other party, a researcher in the system, showed “love to death” and tried to stop her from breaking up by blocking the door with a knife in the middle of the night during the cohabitation period. Xiaotang was scared, but the police could only be called and nothing happened. A few months later, she found out that she was “accidentally pregnant”, and it was too late to induce an abortion, so she had no choice but to get married. Later, she learned that the pregnancy was a “trap” instigated by her mother-in-law.
The arrival of the child did not change the discord between the two, and her husband did not stop his emotional problems. When she was 5 months pregnant, a quarrel, he ordered her out of the house, she went to the hotel with her belly; sitting in the month, she spent 3,000 yuan to take newborn portraits of the baby, he complained that she spent money, higher wages, she bluntly said, “spending is their own money! He was as if his pride was hurt and he dropped the bowl in a fit of anger; a more serious one was at her house, listening to his mother-in-law talk about his daughter and his mother-in-law not getting along well, he thought she was bad-mouthing him behind his back, and rushed angrily to the bedroom to try to “The father reached out to stop him and they fought.
The two of them got into a fight. Xiaotang found it hard to understand her husband’s “stinginess”, even the money for milk powder was AA. once, he even wiped out a few tens of dollars. When Xiaotang joked that he was a “chicken thief, taking advantage”, he started to move his hands and choked her. The second time she called the police, there was still no result. Xiaotang consulted a lawyer, no substantial injury, it is difficult to be considered domestic violence, “in the marriage relationship, the wound length of 6 cm or more, to be considered a minor injury. “
For her ex-husband’s house, Xiaotang has no attachment, she is eager to have her own “place to live”. In order to escape from the marriage as soon as possible, she took only 80,000 yuan in compensation, but also gave up custody of the child, finally regained freedom in April last year. With the support of her parents, she looked at forty to fifty houses one after another, with a budget of more than ten million, and wanted to use the full loan offer for her first house. She was looking forward to living with her parents in the future, so that they could visit the baby together. But the new policy is just another “joke” for her.
“Divorce discrimination”
“Never bought a house, never took out a loan, and somehow became a ‘second suite’. “Xiaotang also considered the policy after the frustration,” if now remarried, the other party can only be counted as two sets, the down payment of 70%, remarriage object is also affected by the former, which is also very unreasonable. “
But right now, she is completely unwilling to consider marriage, “I die not to remarry him, at this stage, if you want to get married and then buy a house, I would rather not buy. “After the divorce, Xiaotang is still slowly recovering from depression, and in the eyes of her colleagues, regained some of her old smile. She plans to adjust her expectations and buy a relatively inexpensive small house to live in first, no matter what.
Xiaotang is not the only woman in the group who has suffered domestic violence. Dingdang is most impressed by another nurse, also in order to be able to divorce as soon as possible, the children and house did not want. Now she has to wait three years to buy a house because her ex-husband has two properties, and she doesn’t know if she can afford it by then.
Can you buy, the first set or two sets, the rules are not out one day, the bank can not make the decision. As far as Lin Jing knows, banks have stopped doing any home purchase loans for people with a history of divorce within three years. She clearly feels the bank’s contempt chain: high income, stable job, and both spouses repaying the loan together are in the upper echelon, while divorced singles with children, whose repayment ability is questioned, are now superimposed on the uncertainty of the policy and are directly rejected.
In the process of buying a house, Xiaotang also fully felt the “divorce discrimination”. Shanghai’s new property market policy has added a point system for new house shaking, and among the ten types of home buyers, Shanghai nationals like Xiaotang, who are deemed to have a house due to divorce, are at the bottom of the basic score, with only 15 points. Only 15 points. If she hadn’t gotten married, she would have scored 50 points.
The divorce is a sad thing, the policy is often guided by the agent. The process of going from not believing it will be restricted to suddenly waking up and despairing is even scarier. “Lin Jing found that many divorcees have taken a little time to recognize the “being restricted The reality of “being restricted”. The rights group started from a local forum in Shanghai, and at first there were always people adding to the group, asking people to analyze whether their situation belonged to the target of the purchase restriction. One of the lucky ones was the one who had already sold his only property before the divorce and was not affected by the new policy.
Most of the cities that have previously introduced “divorce purchase restrictions” will require a review of the eligibility to buy a home to be retroactive for 3 years (or 2 years in some cases) for all people who have a marital connection to the housing situation. This has blocked another way: by looking for people who do not have a house in their name to “fake marriage” and then divorce, in order to The other way is to “clear” the property records of the previously divorced marriage and regain eligibility to buy a house.
Other “patches” to the rules are different. Nanjing has a “buffer period” due to the requirement to apply for a certificate of purchase before buying a house, which is equivalent to the new policy. As long as the proof of purchase is still valid, you can still buy a house according to the qualification before the purchase restriction, but the bank loan audit is implemented from now on, and “divorced families with houses” cannot get a “first suite” through The first suite” loan qualification can not be obtained through divorce.
The only reference object that Lin Jing can count on is Shenzhen. Nearly 2 months after the policy was introduced, the Shenzhen Housing and Construction Bureau in a letter to the Shenzhen Real Estate Registration Center on the implementation criteria of the provisions of the purchase restrictions, “remarried or remarried families, according to the number of existing family housing units, no longer take into account their divorced families before the housing situation “. This also means that if a family is re-formed after divorce and both parties have no home or loan, they can still purchase a home with a minimum down payment of 30%.
Lin Jing’s ex-husband learned that she was restricted, had offered: remarriage is okay? The company’s first and foremost goal was to get the best out of the company. The policy of the current caliber, even after the remarriage and then sell the house to replace, retroactive to the total number of family properties before the divorce, as usual, not eligible to buy a house. However, after the Spring Festival, her pride was eaten away, similar to Shenzhen’s “patch” policy, which allows remarried people to The “exemption” from the purchase restriction is the best she can hope for.
The worst outcome she can think of is that the house is not sold, wait three years and then buy, rather than “hold the money to fall short”, in the price trend can only be replaced by a smaller house. The agent bites her if she does not sell the house is a breach of contract, she would rather pay a small amount of liquidated damages, a contract dispute lawsuit seems inevitable.
Good thing, Lin Jing recently checked the legal provisions and judicial precedents found that the 2011 Shanghai purchase restriction policy triggered several disputes on the sale of housing contracts, the court found that the purchase restriction can be regarded as the “force majeure” in the Contract Law The court found that the purchase restriction can be regarded as “force majeure” in the Contract Law, and both buyers and sellers of houses can request to cancel the contract without being liable for breach of contract.
“A house is not a cold steel and concrete pile out of something, but a home, a stable living space with a sense of belonging that I and my parents and children of five especially need. The New Deal is tantamount to tearing out what’s inside of us completely. It tells you that you are not decent at all, even very down. “Lin Jing confessed that as a highly educated corporate executive, she is consistently rational and confident, and the company’s public opinion environment is tolerant of divorced women.
She could not accept that the policy of purchase restrictions artificially divorce “dramatization”, may become a constant talking point for others three years. Divorce is not bad, but divorce is bad when you can’t buy a house, and divorce is even worse when you have no place to live. The anxiety brought about by the purchase restriction is temporary, the deeper psychological damage and legacy problems, it may take a long time to be aware of. “
(Lin Jing, Ding Dang and Xiaotang in the article are pseudonyms)
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