personal loan
When applying for a personal loan, the husband is the loan user and the wife can get a loan. Because when a wife applies for a loan in her personal capacity, financial institutions mainly examine the credit situation of the borrower rather than the credit situation of both husband and wife, so financial institutions will issue loans. However, for loans that need to provide marital status, such as mortgage, if the husband is the loan user, it will affect the success rate of the loan.
Both husband and wife have the same loan.
Co-lending by husband and wife refers to the loan method in which both husband and wife apply for loans in the names of both parties and jointly repay the principal and interest of the loans. When a husband and wife apply for the same loan, the husband is the wife of the loan user and cannot make a loan. Because both husband and wife need to repay the same loan, and the husband is the user of the loan, which increases the risk of the loan, financial institutions will not approve such loans.
Extended data:
What's the difference between a separate loan after marriage and a loan?
1, loan amount is different: a single loan after marriage is a personal loan, and its loan amount is low. When two people apply for a loan together after marriage, the loan amount will be higher.
2. Different audit criteria: separate loans after marriage will only apply for the applicant's personal credit report, and the same loan needs to be audited by both parties.
3. The number of borrowers is different: only one person applies for a single loan after marriage, and both husband and wife apply for the same loan.
4. The ownership of debt is different: if it is a single loan after marriage, its debt is personal, and the spouse does not have to bear the repayment responsibility. As for the * * * loan, it belongs to both husband and wife, and both parties need to bear the repayment responsibility.
5. Different repayment methods: separate loans after marriage, and the lending institution deducts money from the lender's bank card for repayment. * * * The same loan association will deduct money from the bank cards of both husband and wife for repayment.
Is there a difference between a husband and wife buying a house and two loans?
The name of the person is written on the real estate license, and there is no special requirement. Although the mortgage information belongs to both husband and wife, the name of one person is written on the real estate license by default. However, if you are not at ease, you can apply to the Housing Authority for adding a name. However, according to the latest marriage law, the house bought after marriage belongs to the common property of both husband and wife, regardless of whose name is written on the real estate license.
The ownership of the house purchased by mortgage loan is special. During the marriage relationship, both parties repay the principal and interest of the bank loan with the same income, so it can only be assumed that the existing value of the house belongs to both husband and wife.
For the division of housing property rights, in practice, the division of husband and wife property should be equally divided in principle. According to the actual needs of production and life, the source of property, etc. , handled by both parties through consultation.
According to Article 2 1 of Interpretation of Marriage Law (II) in China, it is only stipulated that: "If both parties have a dispute over the house that has not yet obtained ownership or full ownership at the time of divorce, and negotiation fails, the people's court should not judge the ownership of the house, but should judge that it should be used by both parties according to the actual situation."
But it should be treated differently in two situations: first, before marriage, one of the husband and wife has paid the house price before marriage, so the house must be the personal property of the husband and wife before marriage. Second, the mortgage loan to repay the house after marriage is paid by both parties, which belongs to the common property of both parties and is divided according to the mortgage amount.
Extended data
1. According to Article 39 of the Marriage Law of the People's Republic of China, if both parties have an agreement on the division of husband and wife's property, it shall be divided according to the agreement; If no agreement can be reached, the people's court shall, according to the specific property situation and in line with the principle of taking care of the rights and interests of children and women, make a judgment on division.
2. According to the provisions of Article 47 of the Marriage Law, if one party conceals, transfers, sells or destroys the property jointly owned by the husband and wife, or forges debts in an attempt to occupy the other party's property, the people's court may decide whether to divide it.
After the divorce, if the other party finds out that the other party has the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the marital property again. The limitation of action is 2 years, counting from the day after the discovery by the party concerned.
Can one spouse get a separate loan?
Can one spouse get a separate loan?
Can couples get separate loans? Many young people want to buy a house when they get married. Generally speaking, they have no money to pay the full amount. They all choose loans to buy a house. Some people will ask if you can get a loan to buy a house. Can the following shared couples get separate loans?
Can one spouse get a separate loan? 1
Can couples get separate loans?
According to the bank's loan regulations, if a lender wants to apply for car loans, personal consumption loans, decoration loans, education loans and other loans. Even if you are married, the lender can borrow money in his own name. However, because the lender is already married, the bank will also check the credit information of his spouse.
If the lender is married and wants to apply for a mortgage, then there is a high probability that he can't get a loan alone. According to the relevant regulations on house purchase, lenders need to sign sales contracts, transfer transactions and other links when handling mortgage or house purchase. Many places need both husband and wife to be present.
Moreover, when the house is registered, both parties need to agree. It is best to have a professional lawyer draft the agreement and then notarize it. Therefore, when a bank applies for a mortgage, one of the husband and wife should be the main lender and the other should bear the same responsibility. If the mortgage is overdue, not only the credit information of the first-tier lender will be damaged, but also the credit information of the second-tier lender will be tainted.
When people get married, in the eyes of banks, it is not only the personal responsibility of lenders to apply for loans, but the responsibility of the whole family. Therefore, many banks will require applicants to provide their spouses' personal credit report when approving loans.
Can couples get separate loans?
1. Can couples borrow money to buy a house?
1, yes. Both husband and wife need two people to come forward together to buy a house, because according to the marriage law, after marriage and during marriage, the house should be the same. Later, it takes two people to get a loan to buy a house. It is necessary to submit the information of both parties and go through the loan procedures.
2. In the specific process, one person can be the main lender and one person can be the sub-lender, and they can repay together. The two sides can negotiate how to operate first, but at the bank level, two people are needed. To deal with this house in the future, it needs two people to deal with it together. One person can't borrow money or buy or sell it privately.
3. If, after negotiation, both parties agree that the house they bought by loan belongs to personal property, they can make an agreement on the ownership of the house. In order to avoid property disputes in the future, first write a prenuptial agreement and complete the notarization procedure, and then the house will be your own.
Second, what are the precautions for couples to buy a house with a loan?
1 First of all, you need to make a good plan. When buying a house, we should negotiate with both parties, taking into account the economic situation at home. If there is a big consumption or job change at home. These need to be considered comprehensively before, to prevent your family's life from changing and bringing greater pressure after buying a house with a loan.
2. To buy a house with a loan, you need to consider the issue of a first loan and a second loan and apply for a loan from the bank. One party should be the first lender, and who is the first lender can be determined according to income status, age and credit information.
3. When handling the loan formalities, both parties shall be present in person and sign. Only by providing the information of two people can we ensure that the procedures for buying a house loan are legal.
Summary: Through the analysis, we can know that couples can buy a house for two people, and they can't apply for a loan by one person, but in the name of two people. In the future, this house will be recognized as the same property, protecting the legitimate rights and interests of both parties.
Can couples get separate loans?
Housing loan conditions
1. Property buyers must have valid ID cards, household registration books and other identification certificates;
2. Non-local hukou, you can buy a house in Guangzhou as a family, and you must provide social security or tax bills for three consecutive years (36 months) within five years;
3. Whether it is a new house or a second-hand house, buyers with foreign accounts can only buy one set;
4. Buyers must have a down payment of 30% of the total purchase price;
5. Family members of property buyers must have no purchase records in other places;
6. If the property buyer has bought a house in other places before, he must make a down payment of 70% according to the provisions of the second suite, but if the loan for the first suite has been settled, it can still be implemented according to the provisions of the first suite;
7. Buyers must have good credit, stable income and certain repayment ability;
8. Other conditions stipulated by relevant departments.
Is buying a house after marriage the common property of husband and wife?
(1) Property owned by * * *:
1. If there is no explicit agreement between husband and wife on the house to be purchased during the marriage relationship, and only one party's name is written on the real estate license, it shall be deemed as the joint property of husband and wife;
2. If the property right purchased by both parents is registered in the name of one child, the property can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.
The house bought belongs to husband and wife. At the time of divorce, if one party wants to have the right to use the house, it will be allocated to the other party after evaluation by the evaluation unit; If both parties want to own a house, they will bid; If neither party wants a house, the people's court will auction it and then allocate it.
(2) Property not used by * * *:
The property purchased by one parent for their children after marriage, whose property right is registered in the name of the investor's children, can only be regarded as a gift to one of their children according to the provisions of the Marriage Law, and the property should be recognized as the personal property of one spouse.
Can couples get separate loans?
Usually, the success rate of husband and wife applying for loans is higher than that of applying alone, because their income is higher than that of individuals, and the possibility of overdue is lower. If one spouse has a record of overdue repayment, can one spouse take out a separate loan in 20XX?
It is understood that in 20XX, one spouse can apply for a loan separately, that is, he can only borrow through the credit line of one spouse. Simply put, the bank only considers the repayment ability of the lender, not the income of the other party. This situation is ok, but they may be able to borrow less than two people during the loan process.
According to the regulations, even if one spouse borrows money to buy a house separately, the house belongs to the joint property of the husband and wife. If there is no clear agreement between husband and wife on the house purchased during the marriage, only one person's name will be written on the real estate license, which is deemed as the joint property of husband and wife.