Couples can divorce even if they have a loan. There are two main ways of divorce: one is divorce by agreement, that is, both parties go to the civil affairs bureau to handle it; The second is litigation divorce, which is decided by the court. When the court handles divorce cases, the main criterion is whether the relationship between husband and wife really breaks down, which has nothing to do with whether there is a loan. If the loan is not paid off at the time of divorce, it shall be shared by both parties through consultation. If negotiation fails or disputes arise, they may bring a lawsuit to the people's court for settlement. In the division of property, if one party pays the down payment with personal property before marriage and borrows money to buy a house, and the property is repaid with the same property after marriage, and the property is registered in the name of the down payment payer, the ownership of the property should be handled by both parties through agreement at the time of divorce.
Influencing factors of loans:
1. Loan types: Different loan types, such as personal housing loans, consumer loans and corporate loans, have different effects on the credit evaluation and repayment requirements of lenders;
2. Credit record: the credit record of the lender will affect the loan approval and interest rate, and a good credit record will help to obtain more favorable loan conditions;
3. Income level: The income level of the lender is directly related to the repayment ability. Usually the bank will ask the lender to provide proof of income;
4. Loan term: The loan term will affect the monthly payment and total interest expense, so it is very important for the lender to choose the appropriate loan term for financial planning;
5. Interest rate change: the change of market interest rate will affect the repayment amount of floating interest rate loans, and lenders should pay attention to the trend of market interest rate;
6. Repayment method: Matching principal and interest and average capital are common repayment methods, and different repayment methods will affect the repayment amount of each installment and the total interest expenditure.
To sum up, both husband and wife can divorce even if they have a loan. There are two ways of divorce: divorce by agreement and divorce by litigation. At the time of divorce, if the loan is not paid off, it should be shared by both parties through consultation or resolved through the court. In the division of property, if one party pays the down payment with personal property before marriage and borrows money to buy a house, and the property is repaid with the same property after marriage, and the property is registered in the name of the down payment payer, the ownership of the property should be handled by both parties through agreement at the time of divorce.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1089
At the time of divorce, both husband and wife should bear the same debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.