Can you get a divorce if you have a joint home mortgage status

1. The housing mortgage does not prevent the husband and wife from going through the divorce.

2. The criterion for determining divorce in law is "the breakdown of the relationship between husband and wife".

3. The circumstances under which the relationship between husband and wife can be determined to have broken down are listed in the "Several Specific Opinions on How the Court Determines that the Relationship between the Husband and Wife Has Broken Down in the Trial of Divorce Cases" are:

1) One party suffers from a disease that is legally prohibited from marriage, or one party has physical defects and other reasons that prevent sexual intercourse, and it is difficult to **.

2) Lack of understanding before marriage, hasty marriage, failure to establish husband and wife relationship after marriage, and difficulty in living together.

3) Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one party suffering from mental illness during the period of living together as a husband and wife and not being cured for a long time.

4) One party deceives the other party, or deceives the other party in marriage registration to obtain the "Marriage Certificate".

5) After the marriage registration is completed, the two parties do not live together, and there is no possibility of reconciliation.

6) Arranged or bought marriage, where one party files for divorce immediately after marriage, or has lived together for many years, but has not established a relationship between husband and wife.

7) Those who have been separated for three years due to emotional discord and there is no possibility of reconciliation, or who have been separated for one year after the people's court has ruled that divorce is not allowed, and they do not perform their obligations as husband and wife.

8) One party commits adultery or illegal cohabitation with another person, and there is still no repentance after education, and the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism, education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce, and there is no possibility of reconciliation.

9) One party is bigamy and the other party files for divorce.

10) One party has bad habits such as leisure and hard work, gambling, etc., does not fulfill family obligations, and refuses to change after repeated teachings, making it difficult for husband and wife to live together.

11) One party has been sentenced to long-term imprisonment in accordance with the law, or his or her illegal or criminal acts have seriously hurt the feelings of the husband and wife.

12) Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, and there is no whereabouts after being found through public announcement.

13) Being abused or abandoned by the other party, or being abused by the other party's relatives, or abusing the other party's relatives, and not changing after education, and the other party does not understand.

The fact that the joint house is mortgaged has no impact on the filing of a divorce lawsuit, and the only statutory criterion for the people's court to review the divorce is whether the relationship between the husband and wife has broken down. Regardless of whether divorce is litigated or divorced by agreement, it mainly revolves around the three aspects of consent or disagreement to divorce, child support and the determination of child support, and the division of joint property between husband and wife, and at the same time, it is also necessary to consider whether one or both parties are at fault and other objective circumstances. As for the fact that the house that is the joint property of the husband and wife has been mortgaged, it is dealt with in accordance with the rules of the property law in conjunction with the provisions of the marriage law.

Legal Analysis: Since the mortgage is made by the husband and wife, the property can only be disposed of after the bank loan is repaid with the joint family property. The law stipulates that at the time of divorce, the debts incurred by the husband and wife who had lived together should be repaid jointly.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

If a people's court hears a divorce case, it shall conduct mediation; If the relationship has indeed broken down and the mediation is ineffective, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Summary. If the other party does not go or cannot be contacted, you can only go through a lawsuit, through a divorce agreement, and the court will decide that the house belongs to you personally, and you can go through the formalities by yourself

Hello, I am the cooperating lawyer of the consultation and have received your question.

Yes, both parties can go to handle it together.

Article 301 of the Civil Code of the People's Republic of China Disposing of jointly owned immovable or movable property, as well as major repairs to jointly owned immovable or movable property, or changing the nature or use of jointly owned immovable or movable property; It shall be agreed by more than two-thirds of the co-owners or all the co-owners of the shares, unless there is a separate agreement between the co-owners.

The divorce agreement is that the other party does not want the house, can it be mortgaged without the consent of the other party?

No, real estate is subject to registration, if the other party gives up, then go through the property transfer procedures as soon as possible, and do the house to your personal details.

under the name of the individual. Do you need two people to go to handle the transfer? What should I do if I can't get in touch?

If the other party does not go or cannot be contacted, you can only go through a lawsuit, through a divorce agreement, and the house is owned by the Law Liquid Dust Court, and you can go through the formalities by yourself

If you go through a lawsuit, will you give half of the house to the other party?

If you can't provide definite evidence that the other party has given you all the property at the time of the divorce, then the sentence will definitely be half for one person.

Can only a divorce agreement prove it?

If the divorce agreement was submitted to the Civil Affairs Bureau for the record at the time of divorce, and the legal reasons stated at that time. Then it can be proved that the Civil Affairs Bureau has a record, and it is the house he gave up.

There is a record, and the reason was explained at the time, not to give up for no reason.

The child is my custody agreement, and the above Hail Meng wrote that I have the right to live in the house and belong to the child, the child is 15 years old this year, can I assign this house now, Shouqiao, like this, how will the court decide.

No, according to the situation you said, you can only deal with it when you are 18 years old.

If there is an agreement with the child, Hongqing's best way is to let him transfer the house to the child first, and then negotiate with the baby to see how to deal with it. If the child cooperates with the group, you can handle it.