Is it valid for one of the spouses to mortgage the property without permission?

The following conditions are generally required for the mortgage of a property:

1. A natural person with full capacity for civil conduct, whose actual age at the maturity date of the loan is generally not more than 65 years old;

2. Have a legal and valid identity certificate (resident ID card, household registration book or other valid identity certificate) and marital status certificate;

3. Have a good information record and willingness to repay;

4. Have a proper occupation and stable income**, and have the ability to repay the principal and interest of the loan on time;

5. The property rights of the mortgaged houses should be clear, meet the listing and trading conditions stipulated by the state, and can enter the real estate market for circulation, without any other mortgages. The mortgaged house is not included in the local urban reconstruction and demolition plan, and has the real estate certificate and land certificate issued by the real estate department and the land management department;

6. Have the ability to pay the down payment for the purchased house; If the newly purchased house is used as the maximum mortgage, it must have a legal and valid purchase contract, the age of the house must be less than 10 years, and a down payment of not less than 30% of the total price of the purchased house must be prepared or paid; If the mortgage has been purchased and handled, the original mortgage has been repaid for more than one year, the balance of the loan is less than 60% of the value of the mortgaged house, and the house used as collateral has obtained the housing ownership certificate, and the age of the house is less than 10 years;

7. The borrower has a legal and valid house purchase contract or agreement;

8. Have a valid guarantee approved by the lender.

Legal basis: Guarantee Law

Article 53 Where the mortgagee has not been repaid upon the expiration of the period for performing debts, it may agree with the mortgagor to be repaid at a discount for the collateral or the price obtained from the auction or sale of the collateral; If the agreement fails, the mortgagee may file a lawsuit with the people's court.

After the collateral is discounted, auctioned, or sold, the part of the price exceeding the amount of the creditor's right shall be owned by the mortgagor, and the debtor shall pay off the shortfall.

Therefore, even if one of the spouses mortgages the property privately, it is still valid.

Hello, if the mortgagee is in good faith, it may constitute a bona fide acquisition of a mortgage on immovable property. In addition, if one party has no right to dispose of it, and the other party refuses to recognize it, the mortgage contract is invalid.

Legal Analysis: Invalid.

If the property is the joint property of the husband and wife, the mortgage shall be subject to the consent of all the co-owners, unless otherwise agreed between the husband and wife.

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

Article 301: The disposition of jointly owned immovable or movable property, or the major repair or change of the nature or use of jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.

Restrictions on the scope of civil juristic acts that a husband and wife may carry out with respect to a party must not be used against a bona fide counterpart.

Article 1062:The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife, and is jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Legal analysis: No, the joint property of the husband and wife cannot be mortgaged without the consent of the other party.

Legal basis: Article 406 of the Civil Code of the People's Republic of China During the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement.

If the mortgaged property is transferred, the mortgage right shall not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance.

The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.

If the house is joint property, then it is not possible to mortgage the title deed separately. The joint property of the husband and wife belongs to the joint ownership of the husband and wife, and the consent of both husband and wife is required to dispose of the joint property of the husband and wife. However, if the house is the personal property of one party, then the title deed can be mortgaged separately.

So it depends on the situation.

[Legal basis].Article 301 of the Civil Code of the People's Republic of China.

The disposition of jointly owned immovable or movable property, as well as major repairs to or changes in the nature or use of jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.