If money is badly needed in life, many people will choose mortgage loan, because this way can get a lot of money in a short time, so can one husband and wife use mortgage loan? Whether a husband and wife can mortgage a house mainly depends on whether the house belongs to personal property or * * * has property. If the house belongs to pre-marital property, one of the husband and wife can, but only the subject who can own the property can handle the property. If the property after marriage is the same, it belongs to the husband and wife, because the husband and wife have equal rights to dispose of all the property, so one party must obtain the consent of the spouse when disposing of the property during the marriage.

Matters needing attention in housing mortgage loan 1. Housing mortgage loan will also involve monthly repayment in the future, so the lending institution will review the borrower's repayment ability. The borrower must have a stable economic income, good credit and repayment ability. It has no record of illegal acts and overdue repayment, and can provide effective rights pledge guarantee recognized by the bank or legal and effective real estate as mortgage-secured loans. The lender is required to have no bad record, and secondly, the lender must be 18 years old and have a fixed occupation and income. 2. The real estate mortgage needs to be the real estate under the borrower's name. If it is owned by a third party, a statement that someone agrees to the mortgage loan must be issued at the time of mortgage. In the marriage certificate provided, if there is a divorce, you need to submit a divorce agreement or a judgment. If you are single after divorce, you need to provide proof that you have not remarried after divorce. 3. The mortgage conditions of bank houses also need to meet the bank's supervision over the use of loan funds. When making a loan, the purpose of the loan funds has been explained in detail and must be clearly expressed. If consumers use mortgage funds illegally, they may be recovered by banks, and consumers should pay attention to policy risks. It is impossible to apply for a mortgage loan for a house that has not paid off the loan. In other words, if the house is still mortgaged, then the mortgage of the house is actually in the hands of the bank. Although the borrower has the right to use, but does not have full property rights, he cannot apply for mortgage again. 5. Real estate mortgage loan is built on the house. Housing property rights should be clear, must meet the conditions stipulated by the state that can be traded in the real estate market, be able to enter the real estate market circulation, and have not made an approved mortgage loan before the loan. In addition, it should be noted that the age of the house plus the loan period cannot exceed 40 years.

Second, can couples take mortgage loans unilaterally with real estate licenses?

Legal Analysis: Married couples cannot mortgage the same property. Unless others agree. * * * Someone mortgaged his * * * property, but nothing else. The premise of effective mortgage must be the written entrustment or autograph of other people.

Legal basis: Article 299 of the Civil Code of People's Republic of China (PRC) * * * * and * * * have the same ownership of real estate or chattel.

3. What if one of the husband and wife secretly mortgaged the house?

This question is divided into three situations, and there are three different answers:

First, the real estate license has the names of both parties. If one party mortgages privately without the signature of the other party, it is an invalid mortgage and the mortgage can be recovered.

So get rid of the mortgage and get back the real estate license.

Second, the real estate license only has the name of the party who secretly took it out to fight the pressure, so the mortgage is established, depending on whether the house was bought before marriage or after marriage. Both parties who buy after marriage have half property rights. I don't know that the other party of the mortgage can claim their rights!

Third, the real estate is pre-marital property, and one party secretly takes it out as a mortgage, and the other party knows that it is an emotional problem, not a property claim.

4. Can the husband and wife mortgage the property unilaterally?

During the marriage, the property of both parties belongs to * * * property. If one party's behavior is explicitly opposed by the other party and informed to the third party, the opposition of the other party will avoid the consequences. This reason is also valid when you know that you have no objection, that is, the property rights of husband and wife cannot be against a third person.

However, in practice, especially after the Marriage Law clarified the legal principle that the property of * * * and civil acts are independently undertaken by people with civil capacity (except those without civil capacity and those with limited civil capacity). Then, when the loan company forms a mortgage relationship with the real right, it must be agreed by all the real right holders and perform the legal confirmation procedure. Otherwise, when the owners raise objections, the loan company will bear adverse legal consequences.