Legal analysis: there is no time limit for applying for housing provident fund loans. As long as you meet the conditions of housing provident fund loans to buy a house, you can apply for housing provident fund loans to buy a house. To apply for housing provident fund loans to buy a house, the following four basic conditions should be met at the same time: 1. Those who apply for housing provident fund loans after divorce have paid the housing provident fund in full and on schedule for more than six months before the month of applying for housing provident fund loans; 2. If you apply for a provident fund loan to buy a house after divorce, you can use the provident fund loan to buy a house, and the down payment is not less than the prescribed proportion; 3. The guarantor who applies for provident fund loan to buy a house after divorce can implement provident fund loan guarantee; 4. Apply for housing provident fund loans after divorce and other property owners buy houses without housing provident fund loans, and their personal credit status is good. Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC) stipulates that if a husband and wife divorce voluntarily, they should sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people. The people's court shall mediate in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce.
Second, how to deal with divorce after provident fund loans?
The relevant judicial interpretation has the following provisions: "When the two parties cannot reach an agreement on the value and ownership of the house in the same property of the husband and wife, the people should deal with it separately according to the following circumstances: (1) If the two parties claim the ownership of the house and agree to bid, they should be allowed; (two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation; (three) if neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided.
"How to repay the joint housing provident fund depends on your attitude towards the ownership of the house: if you both claim that the house belongs to you, then it will be handled by bidding-the highest bidder will get the ownership of the house and repay the provident fund loan; If only one of you claims house ownership, the claimant will get the house and repay the provident fund loan; If neither of you wants a house, you can entrust an auction company to auction the house in accordance with the provisions of the Auction Law, and use the proceeds from the auction to repay the outstanding housing provident fund loan.
3. How can I apply for a housing provident fund loan if I am divorced and have no hukou?
You must use the provident fund to buy a house. You must have an account to buy a house. How can there be no hukou?
4. What about the provident fund loan after divorce?
After divorce, outstanding provident fund loans must be shared by both parties; If there is an agreement through negotiation, the housing loan can also be paid by the bank itself. After the bank repays the house purchase loan on behalf of the other bank, the compensation party can recover from the other party.
legal ground
Article 1062 of the Civil Code
The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:
(1) work;
(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 1089
At the time of divorce, if the property of husband and wife is insufficient to pay 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.