Brief of the case

    There is a house registered under Wang's name, and the purchase contract and housing loan contract are signed with a real estate company and a bank. After Wang died, his wife, Sui, filed a lawsuit with the People's Court of Jimo District of Qingdao to inherit the house in accordance with the law.

Court hearing

    Sui said he was not clear about the down payment of the house, the repayment of the mortgage, the payment of the deed tax and the special maintenance fund, and the fact that the house was decorated. His statement about the common residence with Wang Mou before his death and the certificate issued by the village of Wang mou's domicile can confirm that Wang Mou did not live in the house. The plaintiff Sui Mou requested to inherit the house involved in the case under the name of Wang Mou, but failed to refute the evidence submitted by the third party as the actual right holder of the house. After the verdict was made, Sui appealed and the court of second instance upheld the original verdict.
                       Judge's statement
  The effect of publicity and public trust generated by real property registration is only a constructive effect, and the act of registration itself does not produce real property. When the parties have evidence to prove that they are real rights, they can overturn the presumption of real property registration and maintain the truth in fact. When a celebrity buys a house under a borrowed name and registers the real right in the name of the celebrity, it is not to avoid the mandatory provisions or purchase restriction policies of laws and administrative regulations, nor does it violate the public order and good customs, when the real right registration is inconsistent with the actual right situation, the actual right situation is based on the facts, and the celebrity should be identified as the actual right holder of the house.
     In judicial practice, the risk of "buying a house by name" is very great, if the borrowed celebrity will pay for the house, sell, rent or be seized and auctioned, the borrowed celebrity may face the risk of not being able to change the property to their own name. In addition to the risks listed above, other unforeseen risks may occur. Therefore, the broad masses are reminded to be careful when buying a house.
     This article is transferred from the "Shandong High Law" wechat public number, thank you！