My husband gave me a guarantee, can I buy a house after the divorce?

Updated on society 2024-04-18
3 answers
  1. Anonymous users2024-02-07

    You can buy a house, because you are divorced, and you do not participate in the guarantee, it will not be affected.

  2. Anonymous users2024-02-06

    Legal Analysis: A guarantor is usually not required for a home loan, but a guarantor is required if the buyer is under the age of 18 or has a low income. Once you become a guarantor, if the lender is unable to repay the loan, the guarantor will fulfill the debt or assume liability according to the agreement, that is, the bank will find a guarantor to repay the remaining loan, so you must carefully consider the risks before you become a guarantor for someone else.

    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) 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) Due to emotional discord, they are separated from the second grade, and Min Jingnian is disturbed;

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

    Where one party is declared to be 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.

  3. Anonymous users2024-02-05

    Summary. <>

    Analyze <> from a legal point of view

    After my husband and I divorced, I had to pay him back the loan guarantee. If the loan is signed by both parties, or if one party borrows the loan and the other party agrees afterwards, it is a joint debt of the husband and wife. Divorce should be divided equally.

    However, the loan contract requires both parties to repay, and the wife is jointly and severally liable, and the wife can recover after helping the husband repay the loan.

    My husband and I divorced him and gave him a guaranteed loan.

    Hello. My husband wants to take out a loan so that it doesn't involve me.

    Analyze <> from a legal point of view

    After my husband and I divorced, I had to pay him back the loan guarantee. If the loan is signed by both parties, or if one party borrows the loan and the other party agrees afterwards, it is a joint debt of the husband and wife. Divorce should be repaid.

    However, the loan contract requires both parties to repay, and the wife is jointly and severally liable for the debt, and the wife can recover after helping her husband repay the loan.

    Legal basis: Article 681 of the Civil Code of the People's Republic of China A guarantee contract is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debts or the circumstances agreed by the parties occur, the guarantor will perform the debts or assume the responsibilities as promised. Article 682 A guarantee contract is a subordinate contract to the principal creditor's rights and debts sales contract.

    Where the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault. Article 683: Organ legal persons shall not be guarantors, except for letters approved by *** for the purpose of using loans from foreign countries or international economic organizations for on-lending.

    Non-profit legal persons and unincorporated organizations for the purpose of the public interest must not be guarantors. Article 684:The content of a guarantee contract generally includes the type and amount of the principal creditor's right to be guaranteed, the time limit for the debtor to perform the debt, and the manner, scope, and duration of the guarantee.

    Is it okay to vouch for him after the divorce?

    Yes, but it's also about taking responsibility.

    If he doesn't show up, I'll be involved.

    You will be responsible for repayment.

    Do you have to pay it back?

    Yes, that is, it is the same without divorce.

    Because it's your guarantor.

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to the spouse who remarried (the husband and wife are the first heirs).