聯名居屋, 樓契被釘

2014-07-25 9:00 am
前夫以聯名居屋向財務借貸, 現無力償還多月。樓契被釘, 我們正辦離婚, 居屋原安排轉名給我,問題如下:
1. 居屋仍可轉名至我名下?
2. 我應接受轉名?接受後財務公司會向我討債?
3. 若不接受轉名, 我耍搬走嗎?
4. 若前夫仍不還債, 財務公司會怎樣?
5. 我該怎做?

回答 (2)

2014-07-25 8:02 pm
✔ 最佳答案
1. No - Once the lien has been filed, no transaction can be done.

2. You can't even do it. See above.

3. No - what the lien means that if you want something to be done, you must make arrangement first with the person who filed the lien, usually repayment.

4. Nothing.

5. Let's make this simple - You have 50%. That portion is not affected. Your (soon-to-be) ex-husband has 50%. That portion is frozen by the financial institution.

What you should do is see if you can repay the debt of your ex-husband (directly to the financial institution), in exchange of the lien to be removed and your ex-husband portion (full 50% or partial) as well as excluded from divorce proceeding. Even if it means you have to have another mortgage, it is worth the trouble.

Otherwise - this will haunt you for a long time.

2014-07-27 01:16:34 補充:
Impossible.

You are in the middle of multiple issues. So working the company and your ex-husband first.

The company can in fact issue you a letter helping you to get mortgage (a promise to remove lien upon receipt of the debt).

2014-07-27 01:17:03 補充:
Also - as your ex-husband need to give up the property as well, so you will need a lawyer for the transaction (and a waiver for the divorce proceeding).
2014-07-26 9:00 pm
1:不可以,此种釘契不能買賣及轉名,要业主及財務一齐批准才行

2:轉不到名

3:未有咁快

4:永遠釘契,

5:還款,向家人借,觧除釘契,離婚便可免補地價轉名,丈夫可申請房署爵情權,發配公屋,有公屋,仲着數


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