Legal analysis: it is ok to use the spouse's provident fund to buy a house, but it should be noted that the main purchaser must take it first before the spouse can take it. If the main purchaser has no provident fund, he can directly take the spouse's provident fund. It is understood that employees in the housing consumption category for the withdrawal of spouse housing provident fund procedures.

Legal basis: Article 24 of the Regulations on the Management of Housing Provident Fund: In any of the following circumstances, employees may withdraw the storage balance in their housing provident fund accounts:

(a) the purchase, construction, renovation and overhaul of owner-occupied housing;

(2) retirement;

(three) completely lose the ability to work, and terminate the labor relationship with the unit;

(4) Having left the country to settle down;

(5) Repaying the principal and interest of the house purchase loan;

(six) the rent exceeds the prescribed proportion of family wage income. In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time. If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund.

Second, the housing provident fund loan, one spouse agrees to use the provident fund to repay the loan, can the other spouse withdraw the provident fund?

First, one of the husband and wife with provident fund loans, the other side of the provident fund can be withdrawn. Buying a house after marriage is a family unit and financed by provident fund. The property belongs to both husband and wife and meets the requirements of provident fund withdrawal. 2. Withdrawal steps of provident fund: Step 1: Apply to the employer first. After the unit conducts the preliminary examination of the house purchase, it will issue the "Application Form for the Extraction of Individual Housing Provident Fund for Employees in Chengdu" stamped with the seal of the unit. Step 2: Take the Application Form for House Purchase, identity certificate and relevant proof materials to the center for extraction and verification. Step 3: After the central audit, the unit will issue a transfer check to the provident fund payment bank for payment. 3. If the housing provident fund is withdrawn to repay the housing loan, it shall provide: the Application Form for Withdrawing Individual Housing Provident Fund for Employees in Chengdu, which is filled in and sealed by the employer; Original of my housing loan contract; Loan repayment passbook or loan repayment savings card (the repayment record of the last month must be printed or provided on the passbook); When the spouse withdraws, the original marriage certificate or household registration book should also be provided. 4. If housing provident fund is withdrawn for house purchase payment, provide: Application Form for Withdrawing Individual Housing Provident Fund for Employees in Chengdu City, which is filled in and sealed by the employer; The original registered house purchase contract signed by me and the developer; The account number and receiving bank of the real estate developer; The spouse should also provide the original marriage certificate or household registration book when extracting.

3. Can one spouse withdraw the provident fund from the provident fund loan?

One spouse's provident fund loan, the other spouse's provident fund can be withdrawn. Both husband and wife can borrow from one side's provident fund, and the other side's provident fund can be withdrawn. Buying a house after marriage is a family unit and financed by provident fund. The property belongs to both husband and wife and meets the requirements of provident fund withdrawal. Step 1: First, apply to the unit where you work. After the unit conducts a preliminary examination of the purchase situation, it issues an application form for employees to purchase individual housing provident fund with the seal of the unit; Step 2: Take the application form for house purchase extraction, identity certificate and relevant proof materials of house purchase to the center for extraction and review; Step 3: After being audited by the center, the unit will issue a transfer check to the provident fund payment bank for payment. When withdrawing the housing provident fund to repay the housing loan, it should provide: an Application Form for Withdrawing Individual Housing Provident Fund for Employees to Purchase a House, which is filled in and sealed by the employer; Original of my housing loan contract; Loan repayment passbook or loan repayment savings card (the repayment record of the last month must be printed or provided on the passbook); When the spouse withdraws, the original marriage certificate or household registration book should also be provided. 4. If the housing provident fund is withdrawn for the payment of house purchase, it shall be provided with: an Application Form for Withdrawing Individual Housing Provident Fund for Employees' House Purchase and Building, which is filled in and sealed by the employer; The original registered house purchase contract signed by me and the developer; The account number and receiving bank of the real estate developer; The spouse should also provide the original marriage certificate or household registration book when extracting. When a husband and wife apply for provident fund loans in the name of one party, unless otherwise agreed, they generally belong to the same debt. However, if the provident fund loan applied by one spouse has not been paid off, and the other spouse has applied for a provident fund loan, it is equivalent to lending to the same object twice, which is prohibited. Therefore, couples cannot apply for provident fund loans to buy a house alone. Both husband and wife applying for housing provident fund loans must meet the following conditions: 1. Both husband and wife must have paid the provident fund and have a certain amount of housing provident fund in the housing provident fund account; 2. Both husband and wife must continuously deposit housing provident fund 1 year or more; 3. So far, neither husband nor wife has any housing provident fund loans to repay, that is to say, neither has borrowed housing provident fund nor paid off the previous loans; 4. The real estate license purchased by the housing provident fund loan must have the names of both husband and wife; 5. When both husband and wife apply for housing provident fund loans, they need to provide their marriage certificates. According to Article 24 of this Law, employees can withdraw the balance of storage in their housing provident fund accounts under any of the following circumstances: (1) purchasing, building, renovating or overhauling their own houses; (2) retirement; (three) completely lose the ability to work, and terminate the labor relationship with the unit; (4) Having left the country to settle down; (5) Repaying the principal and interest of the house purchase loan; (six) the rent exceeds the prescribed proportion of family wage income. In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time. If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund. Article 1064 of the Civil Code of People's Republic of China (PRC) * * * Debts incurred by both husband and wife with the same signature or later ratified by one of the husband and wife, and debts incurred by one of the husband and wife in his own name for the daily life of the family during the marriage relationship belong to the same debt of the husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

Four, both husband and wife with one side of the provident fund loans, the other side of the provident fund can be withdrawn?

First, one of the husband and wife with provident fund loans, the other side of the provident fund can be withdrawn. Buying a house after marriage is a family unit and financed by provident fund. The property belongs to both husband and wife and meets the requirements of provident fund withdrawal.

Second, the provident fund extraction steps:

Step 1: First, apply to the unit where you work. After the unit conducts a preliminary examination of the purchase situation, it will issue the "Application Form for Individual Housing Provident Fund for Employees in Chengdu" with the seal of the unit.

Step 2: Go to the center with the application form for house purchase extraction, identity certificate and relevant certificates for house purchase. Step 3: After being audited by the center, the unit will issue a transfer check to the provident fund payment bank for payment.

Three, such as the extraction of housing provident fund for the repayment of housing loans, should provide:

The Application Form for Individual Housing Provident Fund for Employees in Chengdu City, which was filled in and sealed by the unit;

Original of my housing loan contract;

Loan repayment passbook or loan repayment savings card (the repayment record of the last month must be printed or provided on the passbook);

When the spouse withdraws, the original marriage certificate or household registration book should also be provided.

Four, such as the extraction of housing provident fund for payment, should provide:

The Application Form for Individual Housing Provident Fund for Employees in Chengdu City, which was filled in and sealed by the unit;

The original registered house purchase contract signed by me and the developer;

The account number and receiving bank of the real estate developer;

The spouse should also provide the original marriage certificate or household registration book when extracting.