If the bank has applied for the information of the loan contract, it can't apply for a refund! We can only wait for the loan to come out! If the two parties divorce, the divorce agreement must specify the ownership of the property and the payer! Although divorced, if the ownership of the property is not clear, this house is still marital property, unless the property is not the name of one of the husband and wife or the names of two people!
Second, if the husband and wife get a mortgage and get divorced before it is approved, will it affect them?
Hello, don't affect each other. Housing loan approval does not affect divorce, and divorce does not affect loan approval. First of all, mortgage does not affect divorce. The standard of divorce is that the relationship between husband and wife is broken. If you feel that your relationship is broken, you can choose to divorce. There are two ways of divorce, litigation divorce and agreement divorce. First, divorce by agreement. If both parties agree to divorce, and can reach an agreement on issues such as child custody, alimony and property division, they can go through divorce procedures at the Civil Affairs Bureau. After the promulgation of the Civil Code, the cooling-off period of marriage is stipulated, that is, both parties apply for divorce in person at the Civil Affairs Bureau first, and if both parties do not regret it within 30 days from the date of applying for divorce, they will go through the divorce formalities at the Civil Affairs Bureau within 30 days. Second, litigation divorce. If both parties agree to divorce, but they can't reach an agreement on issues such as custody, alimony and property, they can only divorce through litigation. One of the divorced parties holds an ID card, a marriage certificate, a medical certificate of the birth of the child, a certificate of the breakdown of the relationship between the two parties, and books to divorce at the defendant's domicile. Secondly, divorce does not affect the approval of housing loans, but if you don't want to repay housing loans, then I suggest you consult the bank and change lenders. If both parties have not changed their registration after approval, then the loan will be regarded as the same debt of both parties and you need to repay it together. The property purchased by both husband and wife with the same loan belongs to the joint property of both husband and wife, so the outstanding loan also belongs to the joint debt of both husband and wife, so both parties should bear the repayment obligation. After divorce, the debt still needs to be repaid by both husband and wife. However, if the husband and wife can be repaid by one of them through consultation, they can also be repaid by one of them. 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, it is up to the people to decide. According to the law, according to Article 1062 of the Civil Code, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, which belongs to both husband and wife: (1) salary, bonus and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property. Article 1087 of the Civil Code: At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law. According to article 1064 of the Civil Code, the debts incurred by both husband and wife with the same signature or by one party after the event, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of 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. Article 1089 At the time of divorce, husband and wife shall jointly pay off their 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, it is up to the people to decide.
Third, can China Bank change lenders after divorce?
You can't. The loan has not been paid off, and the property rights have been mortgaged to the bank. You have no right to change the ownership of the house! You can apply for a gift if you don't get married, but the tax is very high! The bank does not accept mortgage transfer procedures now! You can go through the divorce analysis and transfer procedures. With my ID card, household registration book, divorce marriage certificate and notarized divorce agreement (indicating housing division), I can go to the housing management trading center to handle the divorce property analysis and transfer procedures. There is no tax, you only need a few hundred yuan to apply for the real estate license of one of you! ! The premise is; The housing loan is paid off, unsecured, and you two have real estate license and deed tax certificate!
Fourth, banks are ready to lend money. Will divorce affect the mortgage at this time?
Depending on whether you are a husband-and-wife loan or a mortgage loan, the above two must have an impact.