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Does the early repayment of the loan require the presence of both spouses?

If the loan is applied for jointly in the name of both spouses, both spouses may need to be present when the loan is repaid early. But if the loan is being applied for in the name of only one party, the other party may not need to be present.

1. Agreements in the loan contract

When applying for a loan, the borrower and the lending institution will sign a loan contract, which will detail the rights and obligations of both parties. The requirements and procedures for early repayment are usually clearly stated in the contract. Therefore, you first need to check the loan contract to see if there is a clause that requires the presence of both spouses for early repayment of the loan.

2. The impact of loan type

Different types of loans may have different requirements for early repayment. For example, personal consumption loans, housing loans, etc. may have different requirements for early repayment. Some lending institutions may require both spouses to be present together to handle the early repayment procedures, while other institutions may only require the primary lender to be present.

3. Process of early repayment

If the loan needs to be repaid in advance, the borrower usually needs to apply to the lending institution in advance and submit relevant materials in accordance with the institution's requirements. These materials may include ID cards, marriage certificates, repayment records, etc. After submitting the application, the lending institution will review it. After passing the review, the borrower can repay the loan in advance according to the agreed time and method.

In summary:

Whether the husband and wife are required to be present for early repayment mainly depends on the agreement in the loan contract and the type of loan. When applying for early repayment of a loan, it is recommended that the borrower read the loan contract carefully, understand the relevant requirements and procedures, and communicate with the lending institution to ensure that operations are carried out in accordance with the institution's requirements.

Legal basis:

"Contract Law of the People's Republic of China"

Article 8 stipulates:

Established in accordance with the law A contract is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not change or terminate the contract without authorization.

This article stipulates the legal effect of the contract, that is, once the contract is established in accordance with the law, it is legally binding, and both parties must perform their obligations in accordance with the contract. Therefore, when handling early loan repayment, both parties should abide by the provisions in the loan contract.

"Marriage Law of the People's Republic of China"

Article 17 stipulates:

The following properties acquired by husband and wife during the marriage relationship shall belong to the husband and wife. *** Same as all: (1) wages and bonuses; (2) income from production and operation; (3) income from intellectual property rights; (4) property obtained from inheritance or donation, except for Paragraph 3 of Article 18 of this Law Except as specified; (5) Other property that shall belong to the contract. Husband and wife have equal rights to dispose of property owned jointly by husband and wife.