After marriage, can the mortgage owner repay the loan and the divorce be deemed to belong to the mai

If the property purchased after marriage is mortgaged by a bank mortgage, then the house belongs to the joint property after the marriage, regardless of whose name it is registered, and it will be divided by the joint property of the husband and wife in the event of divorce. It cannot be said that the repayment of the principal repayer is the personal property of the main repayer, because after two people get married, the legal income obtained by either party after marriage is generally the joint property of the husband and wife, not the property of one of them. Therefore, the mortgage repaid with the joint property (salary, income) of the husband and wife is also the joint property of the husband and wife, and when the divorce occurs, the property should belong to the joint property of the husband and wife, so as to divide it.

The mortgaged house after marriage is joint property and should be divided equally.

When dividing the mortgaged house, first find a qualified third-party agency to do an appraisal, assess the value of the house, subtract the remaining mortgage (owed to the bank) and then give half to the other party.

It is recommended that you appoint a lawyer to handle the case.

Whether the house belongs to the joint property of the husband and wife is the key, even if the down payment is made before marriage, but the mortgage repayment for many years after the marriage belongs to the joint property of the husband and wife, and cannot be regarded as the personal property of the repayer, so this part of the joint property should still be divided in the divorce, but it should be divided according to the proportion, and a certain compensation should be given to the other party.

Hello, the mortgage after marriage, no matter which spouse repays the loan, is legally recognized as the joint property of the husband and wife, and is not owned by the repayer.

This cannot be determined to be owned by the mortgagee, this belongs to the marital property, is the joint property of the husband and wife, the specific property division depends on the result of the court's judgment, and the result needs to be comprehensively considered, such as one party betraying the marriage or hiding the property, can be sentenced to leave the house.

Nowadays, the development of the real estate market is seen by many friends, and there are many young people who have bought a house, and they plan to buy a house when they buy a house, and they may not be very financially wealthy when buying a house, so more friends will choose to take out a loan to buy a house, and then they will repay it in time every month, so who is the owner of the divorced house between the main lender and the co-repayer? Nowadays, the development of the real estate market is seen by many friends, and there are many young people who have bought a house, and they plan to buy a house when they buy a house, and they may not be very financially wealthy when buying a house, so more friends will choose to take out a loan to buy a house, and then they will repay it in time every month, so who is the owner of the divorced house between the main lender and the co-repayer? What is the difference between a primary lender and a co-repayer?

Let's find out.

The main lender and co-repayer divorce and the house is vested

According to the provisions of the new Marriage Law, if one of the spouses signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party who paid the down payment, the movable property shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached, the people's court may rule that the immovable property belongs to the party with property rights registration, and the loan that has not yet been repaid shall be the personal debts of the party with property rights registration. The amount paid by the parties after the marriage and the corresponding increase in value shall be compensated by the other party in the event of divorce.

What is the difference between a primary lender and a co-repayer?

From a legal point of view, the main lender of the property is different from the co-repayer, the main lender of the real estate refers to the person who has the property right of the house with the buyer, and he has the right to dispose of, use, and equal the right to tremble with great benefits, and the main lender of the real estate has a real estate certificate, and under normal circumstances, the property right certificate will indicate the share of the property of the main lender of the house.

1. The co-repayer is for the bank. Banks require the borrower to be the same as the buyer when handling the mortgage loan, but in practice, when the buyer is more than one person, it is difficult to list multiple borrowers in the same loan contract, and the bank often requires one of the buyers with the most repayment ability to undertake the loan.

2. The main lender of other property (co-buyer) issues a letter of commitment to use the purchased house as collateral, that is, the lender is divided into the main price and the co-repayer. After the co-repayer helps the main borrower to pay the loan, he has a claim against the main borrower, but has no corresponding rights to the house, and the co-repayer does not have a title certificate.

If you take out a loan to buy a house, you must pay attention to the specific repayment method, and pay attention to timely repayment every month, the above is about the divorce of the main lender and the co-repayer, the problem and what are the differences between the main lender and the co-repayer.

Legal analysis: After the two parties got married, the real estate purchased by Liang Jian with a joint loan belongs to the joint property of the husband and wife, and the divorce shall be handled by agreement between the two parties, and if the agreement is not reached, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties according to the actual situation. Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.

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 in person at the marriage registration authority.

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.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

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

1) Serious malpractice or cohabitation with others;

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

3) Habitual habits such as renting nuclear gambling, drug abuse, etc., and not changing them;

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.

It is the husband who repays the mortgage, and it depends on the personal property of the man, if so, the divorced house is generally owned by the man, if not, the house belongs to the joint property of the husband and wife, and the ownership of the house is negotiated by both parties. So, which party does the husband pay off the mortgage and divorce the house? Let's find out together.

First, it is the husband who pays the mortgage and divorces the house.

It is the husband who pays off the mortgage and divorces, and the house is generally owned by the man. Unless otherwise agreed by the parties, or the money is jointly owned by the husband and wife. According to the relevant laws and regulations, the real estate obtained by one of the husband and wife with his or her personal property shall be recognized as his or her personal property, and the real estate purchased by one party with the joint property of both parties shall be recognized as the joint property of the husband and wife.

However, if the husband and wife agree otherwise, it is to be implemented in accordance with the agreement.

2. Whether the repayment of the mortgage after marriage is the joint property of the husband and wife.

1.If the mortgage is repaid with the personal property of the property owner, the mortgage repayment is not a joint property of the husband and wife;

2.If the loan is repaid by deducting the fruits and natural appreciation of personal property from the income after marriage, the part of the loan repayment after marriage and the part of the increase in the value of housing after marriage are joint property after marriage;

3.Where there is an agreement between husband and wife, it is to be handled in accordance with the agreement.

3. Can I refinance a mortgage divorce?

The mortgage can be refinanced after the divorce. During the divorce process, the husband and wife can negotiate who will bear the remaining mortgage. However, it should be noted that the on-lending requires the consent of the bank before the debt can be transferred to the transferee.

If the bank does not agree, the mortgage cannot be transferred. In addition, in the event of divorce, the husband and wife may also agree separately that one of the spouses will repay the mortgage or repay it together.