If the husband and wife divorce, if the house is mortgaged, the real estate certificate belongs to t

Need. The detailed process of a home mortgage loan:

1. Apply for a loan.

The borrower applies to the financial institution for the purpose, amount and term of the loan. If the loan application falls within the scope of the financial institution, you will need to prepare the appropriate information.

2. Submit loan information.

Submit the application materials, including but not limited to the following (depending on the specific regulations of each bank's product): borrower's ID card, statement of the past six months, work certificate, credit report and house ownership certificate, etc.

If the enterprise needs to mortgage the real estate, the materials that need to be provided are: three business certificates of the enterprise, account opening permit, articles of association, enterprise capital verification report, purchase and sale contract, the flow of the past six months, the annual financial statements of last year and the financial statements of the past six months, and the proof of assets (different materials will be provided according to different banks).

This is an important part of the mortgage process, as many clients need money urgently when making a loan, and it will save you a lot of trouble if you can prepare these documents in advance.

3. Appraisal of the house.

After the materials are submitted, the bank will conduct an on-site investigation and appraisal based on the mortgaged house. Each step is an important part of the mortgage process, and it directly determines the amount of your mortgage loan. Generally speaking, there will be some discrepancies between this assessment and the market**, because the evaluation agency will consider multiple factors.

4. Apply for approval of loans.

The appraisal company will submit the appraisal report or survey opinion to the bank for approval.

5. Sign the loan contract.

The borrower signs the loan contract and all relevant documents, signs and stamps the fingerprint with the lending institution, and the notary public notarizes it.

6. Mortgage registration procedures.

The bank shall go through the mortgage registration procedures at the real estate office with the house ownership certificate and the notarial certificate of the loan contract.

7. Bank loans.

Due to the different regulations of each bank, the funds will be disbursed in the form of cash, punch cards or remittance to the accounts of the participating merchants.

8. Repay the loan on time.

This point should not be ignored, it is an important part of building good credit, if the loan is repaid on time and in full, or it may have a positive effect on the borrower's future re-borrowing and job search.

9. After the loan is settled, the mortgage registration cancellation procedures shall be handled.

Note: After the loan is settled, go to the real estate bureau to go through the procedures for cancellation of the real estate mortgage.

If it is a marital debt, the woman has to repay the debt; The woman does not have to repay the foreign debts borrowed by the man after the divorce.

The house was bought by the husband before marriage, and after the marriage, he used the real estate certificate to mortgage the loan, and if the divorce wife needs to bear the debt, it depends on the situation. If the debt is recognized as a joint debt of the husband and wife, if the part of the property that is insufficient to pay off needs to be borne jointly by the husband and wife, if the debt is not recognized as a joint debt of the husband and wife, the wife does not need to bear the debt.

Article 1064 of the Civil Code of the People's Republic of China: Debts incurred by both husband and wife as jointly signed or later recognized by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Therefore, whether the wife bears the debt, mainly depends on whether the debt is a joint debt of the husband and wife, if the debt is recognized as a joint debt of the husband and wife, if the part of the property is not enough to pay off the husband and wife needs to bear the debt, if the debt is not recognized as a joint debt of the husband and wife, the wife does not need to bear the debt at the time of divorce or after the divorce.

It needs to be discussed on a case-by-case basis

Article 1064 of the Civil Code of the People's Republic of China stipulates that debts borne by both husband and wife jointly signed or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

1. Both parties sign jointly when applying for a mortgage loan: In this case, since you sign the mortgage contract, it is deemed that you know and agree to the debt, so you meet the conditions of joint debt and joint debt, which is a joint debt of husband and wife, which needs to be borne by both parties.

2. Only one party signs when applying for a mortgage loan: in this case, it is necessary to clarify whether the loan is used for the common life of the husband and wife, if the loan is a debt borne in the name of the individual for the daily needs of the family, or the creditor can prove that the loan is used for the common life of the husband and wife, joint production and operation, or the expression of the common intention of both parties, then even if it is signed unilaterally, it is a joint debt of the husband and wife and needs to be borne by both parties. In such a case, one party has the right to recover from the other party after assuming the responsibility for the discharge of the joint debt.

Article 35 of the Interpretation (I) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that if the divorce agreement of the parties or the effective judgment, ruling or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife. Where, after one party bears responsibility for the repayment of the joint debts of the husband and wife, it is claimed that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the people's court, the people's court shall support it.

If it can be proved that the debt is not used for common life, but only for the borrower's personal behavior, personal expenses or illegal and criminal activities, then in this case, the loan is his personal debt and the other party does not need to repay it.

Article 34 of the Interpretation (I) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that if one of the spouses colludes with a third party to fabricate a debt, and the third party claims that the debt is a joint debt of the husband and wife, the people's court shall not support it. Where a third party claims that the debts incurred by one of the husband and wife in the course of gambling, drug abuse, or other illegal or criminal activities are joint debts of the husband and wife, the people's courts are not to support them.

Of course not, because the real estate certificate belongs to the husband's personal ownership, so it does not belong to the joint property after marriage, and of course using it as a mortgage does not belong to the joint debt after marriage.

Since the house was bought by the husband before marriage, it does not belong to the joint property of the husband and wife. After marriage, if the real estate certificate is used as collateral, if it is used for the husband and wife to live together, the woman is also obliged to repay. But if the woman refuses to repay and the man can't afford to pay back, the bank will apply for an auction to repay the loan.

The house was bought by my husband before marriage. After marriage, the mortgage is mortgaged with the real estate certificate, if the divorce is divorced, the woman has to bear the debt, the reason is that the loan is used for the life or consumption of the couple, the woman also has to enjoy, and the divorce also has to bear part of the debt, unless the man uses it in other aspects, the woman does not know or cannot enjoy it, I hope it can help you.

The house was bought by my husband before marriage. That's pre-marital property. After marriage, mortgage with real estate deed, if off.

The money of the loan is used for the family, and if there is a divorce, the woman has to bear a certain amount of debt, and if the mortgage is only for the man, the woman does not know about it, and the woman should not bear the debt after the divorce.

Regardless of whether the house is before or after marriage, if the money taken out of the loan after marriage is used for family expenses, then this is a joint debt, and the woman needs to bear it after the divorce.

Yes, the house is a pre-marital property, and the mortgage is a marital debt, and since the mortgage is made jointly by the husband and wife, the property can only be disposed of after the bank loan is repaid with the joint family property. As for whether to sell the house for a split or to leave the house to which party, it is up to the husband and wife to negotiate or through a court decision.

The house was bought by your husband before he got married. The mortgage is for both of you and your husband together. So this house is owned by your husband.

But the money for your mortgage is for two people. So your husband got the house. I'm still going to give you some money.

Because the mortgage is your joint property. So you don't have to bear debts if you get divorced. If you want a house, you're going to have to go into debt.

The house was purchased by the husband before marriage, and after the marriage, he used the real estate certificate to mortgage the loan. In the event of a divorce, the woman does not have to bear the debt. Because after marriage, as long as one party repays the loan, the property that repays the loan part belongs to the joint property of the husband and wife.

Suppose the property can be awarded to the man. The man has to pay a certain amount for the woman. Including the share of loan repayment and the share of appreciation.

If it is a personal debt, there is nothing to say, the house mortgage is to use the house to pay off the debt, if it is a joint debt, then the debt is jointly borne by the two people, if it is not enough to repay the debt with joint property, both people are debtors, then they still have to pay it together.

If you are divorced, whether the woman has to bear the debts depends on whether the mortgage of the real estate certificate after marriage is for family life, if so, you may have to bear the debt, if it is for the man's own expenses, then you do not have to bear it.

The house was bought by the husband before marriage, and it does not belong to the joint property of the husband and wife, and the mortgage with the real estate certificate after marriage is used for the needs of family life, even if the divorce is divorced, the woman must bear the obligation to repay the loan.

During the relationship between husband and wife, debts and debts are shared by both men and women. In the event of a divorce, the court will divide it clearly. If the woman has the right to the house, she should bear the relevant debts, and if the woman does not have the income from the house, she can not bear the relevant debts.

Husband and wife start a business for better development after marriage. Use the house that your husband bought before marriage, the real estate deed. Mortgage.

It's also for the sake of a win-win situation for both husband and and shared responsibility for loans. If later the couple divorces.

Before the loan is paid off. The woman also bears the responsibility. A certain amount of debt.

If you buy before marriage, and use real estate mortgage after marriage, if you divorce, the woman has to bear the obligation, then of course you have to bear the obligation, although you bought it before marriage, then you use the real estate loan after marriage, then you are the joint debt of the two people, and these two people bear it together.

If your husband runs alone, then you don't have to bear debts after the divorce, and the woman has to prove it and have the truth, then you don't have to bear the debts after the divorce.

If the woman does not sign the loan agreement and does not know about it, and the loan project is not used for the needs of family life, it should be the man's personal debt, and the divorced woman does not need to bear the debt.

Men and women in order to better develop after marriage. So use the man's pre-marital real estate certificate to take out a mortgage. A marital loan is a joint debt of both parties.

If the woman divorces before the debt is paid off. The woman bears half of the debt. You can't just walk away.

The house was bought by the husband before marriage, and there is a mortgage with the real estate certificate after marriage, if divorced. The mortgage loan is the money used by the husband and wife to start a business together, and the woman needs to bear the debts after the divorce, and if it is for his own use, the woman can not bear the debts.

The house was bought by the husband before marriage, and you did not mortgage the house after marriage, if you are divorced, then your wife still has to take part of the responsibility, because your life is a common enjoyment, of course, it is to be shared.

The house was bought by the husband before marriage, and the mortgage was taken out with the real estate certificate after marriage, and the loan was used for the husband and wife to live together, and it should be a joint debt of the husband and wife, so if the divorce occurs, the woman will also bear the debt.

If your husband takes out a loan to start a business, it is also your share. Therefore, if there is a divorce, the woman will also have to bear the debt.

The woman must be responsible, the house was purchased before marriage, it is your husband's personal property before marriage, and it has nothing to do with you, and you take a mortgage on the house after marriage, and this loan is a joint debt of your husband and wife.

The house is the husband's pre-marital property, and the house is mortgaged after the marriage. If both parties divorce, the husband's debts are post-marital debts, and the husband and wife are jointly responsible for repaying the loan. So the woman should also bear a part of the debt.

The husband uses the real estate certificate to mortgage the loan, depending on where the loan is used and the division of property at the time of divorce, the court will divide the loan and property according to the situation, and if the woman does not bear the debt, the property will not be available when the property is divided.

Although the house was sold before marriage, but your husband's mortgage time is after marriage, which means that the debts owed by either spouse for family life during the marriage are joint debts, so both husband and wife have the obligation to repay the debts.