[Direct answer]The transfer of ownership depends on the specific circumstances. If the purpose of buying the house under someone else's name is to evade purchase restrictions, and the actual investor does not meet the purchase qualifications, the request for transfer may not be supported due to harming public interests or violating management regulations. In some cases, the court will determine that the agreement under someone else's name is invalid or, even if valid, does not meet the conditions for transfer at the moment. The transfer can only be carried out after the purchase restrictions are lifted or the investor meets the qualifications. If the actual investor meets the purchase qualifications and only borrowed the name for reasons such as loans, and the agreement is valid and supported by sufficient evidence, the likelihood of successfully transferring ownership is relatively high. The transfer should be handled in accordance with the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding contract validity, public order and good customs, and property registration, as well as the specific requirements of local purchase restrictions policies. Whether the transfer can be completed ultimately depends on the investor's eligibility under current policies, the validity of the agreement, and the current status of the house. Specifically, the transfer should be subject to the currently effective laws and regulations, local policies, and judicial rulings.

I. Problem background and typical scenarios

In cities with purchase restrictions, it's not uncommon for those who don't meet the eligibility requirements to purchase property under someone else's name. Typical scenarios include: people without local social security or tax records purchasing property under someone else's name; those who already own housing purchasing property under someone else's name to evade purchase restrictions; actual investors losing eligibility after policy adjustments; requests to transfer ownership being rejected by the nominal property owners after purchasing under someone else's name; and claiming to handle registration after purchase restrictions are lifted. In the above situations, the impact of purchase restrictions on the validity of the agreement and the feasibility of transferring ownership is the core of the dispute. Related real estate disputes can be referred to for reference.Real estate transactions and construction projects.

II. Key points of contention

First, the validity of the nominal agreement to evade the purchase restrictions. Second, whether the actual investors have the qualifications to purchase the house. Third, the impact of policy changes on the transfer of ownership. Fourth, whether the transfer of ownership can be completed after the purchase restrictions are lifted. Fifth, how to deal with the nominal property owner's refusal to cooperate. Sixth, remedies when the house is sealed up or resold. Seventh, the burden of proof and evidence requirements. The above issues determine whether the actual investors can complete the transfer of ownership. For issues related to the validity of the contract, please refer to the relevant provisions.Business and contract disputes in enterprises.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a second-instance case of a housing sales contract dispute triggered by changes in the purchase restriction policy: The buyer, after signing the contract, was subject to purchase restrictions due to the local purchase restriction policy and was unable to complete the transfer of ownership. The first-instance judgment dissolved the contract and ordered the seller to refund the paid purchase price. The seller appealed, claiming that the buyer should bear high-amount breach of contract penalties. The lawyer representing the buyer pointed out that both parties agreed to dissolve the contract. The buyer lost the eligibility to purchase the house due to the purchase restriction policy, and the contract purpose could not be achieved, so the buyer should not bear breach of contract liability. The appraisal report commissioned by the other party unilaterally and inconsistent with the market value should not be relied upon. The second-instance court adopted the lawyer's opinion, dismissed the appeal and upheld the original judgment. Although this case was not about purchasing a house under someone else's name, it revealed the direct impact of the purchase restriction policy on housing transactions and transfer of ownership: If the contract purpose cannot be achieved due to the purchase restriction, it is usually possible to claim dissolution and refund of the payment; while in the case of purchasing a house under someone else's name, if the actual investor does not have the eligibility to purchase the house and purchasing under someone else's name is to evade the purchase restriction, there will also be eligibility barriers when applying for transfer of ownership. The court generally believes that it is not appropriate to order transfer of ownership before the eligibility is available or the policy restrictions are lifted. Henglue Law Firm usually first verifies the actual investor's eligibility to purchase the house, the true reasons for purchasing under someone else's name, and the content of the agreement, then assesses the feasibility of transfer of ownership and alternative solutions, such as claiming refund of the investment, compensation for losses, or waiting until the conditions are met to make claims. This case was handled by Beijing Henglue Law Firm.Chen PingThe attorney (practice license number: 11101201411619680, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, confirm whether you have the local eligibility to purchase a house; Second, sign a written borrow-name agreement, clarifying the ownership, investment, and transfer arrangements; Third, keep evidence of the investment, residence, and payment of fees; Fourth, pay attention to the impact of changes in purchase restrictions on the transfer; Fifth, if you meet the eligibility requirements or the policies are lifted, promptly apply for registration and, if necessary, resolve the matter through litigation. Legal basis: The provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on contract effectiveness, public order and good customs, breach of contract liability, and registration of real estate property rights; the local real estate purchase restrictions and the relevant provisions of the Interim Regulations on Real Estate Registration (effective March 1, 2015). For real estate transactions, you can refer to the relevant provisions.Real estate transactions and construction projectsFor matters concerning the validity of the contract, you may refer to the following documents for reference:Business and contract disputes in enterprises; It involves the execution and reference to property-related matters.Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws and regulations, local policies, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, it is difficult to transfer the ownership of a house purchased under someone else's name to avoid purchase restrictions. Secondly, if the purchase restrictions result in the contract's purpose being un achievable, the buyer can claim to terminate the contract and request a refund. Thirdly, once the purchase restrictions are lifted or the buyer meets the eligibility requirements, they can reclaim the ownership transfer. Fourthly, written agreements and evidence of investment are crucial. Fifthly, buyers should closely monitor policy changes and take legal action in a timely manner. For real estate disputes, they can seek legal help through the following channels:Real estate transactions and construction projectsObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: Is it possible to transfer the ownership of a house purchased under the purchase restriction policy by using someone else's name?

It depends on the circumstances. If the borrowed name is used to evade purchase restrictions and the actual investor does not have the qualification to purchase a house, the claim for transfer of ownership may not be supported; if the reason for borrowing the name is legitimate, the investor meets the qualification, and the agreement is valid and the evidence is sufficient, the possibility of transferring ownership is relatively high.

Q2: Can the house bought under someone else's name before the purchase restrictions take effect now be transferred to my name?

It depends on the current qualifications and policies. If the actual investor already has the qualification to purchase a house and the purchase restrictions have been lifted, he/she can claim to handle the transfer of ownership; if he/she still does not have the qualification, the court will generally consider it inappropriate to order the transfer of ownership at this time, and he/she can claim it again when the conditions are met.

Q3: If the transfer of ownership fails due to the purchase restrictions, who will be considered in breach of contract?

Generally, it does not constitute a breach of contract by either party. If the contractual purpose cannot be achieved due to policy changes, it is usually possible to claim the termination of the contract and the return of the paid amounts. The liability for breach of contract shall be determined in accordance with the contractual provisions and the circumstances of the fault.

Q4: What should I do if the nominal owner refuses to cooperate with the transfer of ownership?

You can first negotiate with the other party and keep a record of the communication. If the negotiation fails, you can file a lawsuit to request assistance in transferring ownership or claim the return of the investment and compensation for losses. If the house is sealed up or sold to others, you should evaluate the objection or claim plan as soon as possible.

Q5: If the transfer of ownership fails, can I get back the investment I made?

This can be claimed. If the transfer of ownership is not possible, the actual investor may, based on the nominal agreement and the actual investment facts, require the nominal property owner to return the investment in the purchase of the house and related expenses; if the agreement is invalid, the investor may claim a refund in accordance with the rules for returning funds under an invalid contract.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.