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How to divide the divorce by pre-marital mortgage car
First, how to divide the divorce of pre-marital mortgage car?

1. A car bought with a pre-marital loan shall be divided by both parties through negotiation at the time of divorce. If the two parties fail to reach an agreement through consultation, they can bring a lawsuit, and the people's court will decide that the registered party has a loan, and the outstanding loan is the personal debt of the registered party, and the registered party will compensate the other party.

2. Legal basis: Article 1089 of the Civil Code of People's Republic of China (PRC).

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.

2. What is the procedure for divorce by agreement?

The procedure of divorce by agreement is as follows:

1, application. Divorce by agreement must be submitted by both parties to the marriage registration authority where one party's account is located in person, and no other person may be entrusted as an agent. When applying, all parties should hold household registration certificate, resident identity certificate, letter of introduction issued by the unit or village or neighborhood Committee, divorce agreement, marriage certificate, etc. , so that the registration authority can identify the identity of the parties and determine the jurisdiction.

2. review. After accepting the application for divorce registration, the marriage registration authority shall conduct a review within one month. In the process of review, we should fully understand the contents of the agreement, especially pay attention to whether the intention of both parties to ask for divorce is true, whether the child support, the help of one spouse in life difficulties, the division of property and the handling of debts are appropriate.

3. register. After examination by the marriage registration authority, those who meet the conditions for divorce shall be registered, issued a divorce certificate, and their marriage certificates shall be cancelled; Those who refuse to register if they do not meet the statutory requirements shall explain in writing the reasons for not registering, and the relationship between husband and wife shall be terminated from the time when both parties receive the divorce certificate. If one party to a divorce fails to perform its due obligations in accordance with the divorce agreement, the other party may bring a civil lawsuit to the people's court.

4. cancel. If one party who applies for divorce cheats for divorce registration, the marriage registration office shall cancel the divorce registration, declare the dissolution of the marriage relationship invalid, and withdraw the divorce certificate. If a party considers that it meets the conditions for divorce, it may apply for administrative reconsideration according to law; if it refuses to accept the reconsideration decision, it may bring an administrative lawsuit according to law.