If the loan is made in the name of both spouses, both spouses must be present. It is necessary for both husband and wife to apply for a loan. Whose name and several names are written on the real estate license are determined according to the names marked on the purchase contract and cannot be added, subtracted or changed. Therefore, when a couple buys a house and signs a house purchase contract with one party's name, they can buy a house with one party's name. No matter who the registrant is, it is half of one person and belongs to the common property after marriage.
Legal basis:
According to Article 1062 of the Civil Code of People's Republic of China (PRC), the following property acquired by husband and wife during the marriage relationship is the joint property of husband and wife, which belongs to both husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(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;
(5) Other property that should be jointly owned.
Husband and wife have equal rights to dispose of common property.
Is there a party's name on the real estate license that can be loaned?
The real estate license is the name of two people, one of whom can apply for a loan, but both of them must sign the real estate license at the same time. If the other party does not agree, it cannot be handled.
How to borrow four names of real estate license?
The real estate license is the name of four people, one of whom can apply for a loan, but four people must sign the real estate license at the same time. The other three parties disagree and cannot handle it. Housing mortgage loan application materials: real estate license (real estate license and land certificate must be mortgaged to the bank when the housing mortgage bank loans); Identity cards of the obligee and his spouse; Household registration books of the obligee and spouse; Marriage certificate of the obligee (marriage certificate or unmarried certificate issued by the Civil Affairs Bureau); Income certificate (this certificate has a great influence on the success and maximum amount of mortgage bank loans. )。 Legal basis: Article 297 of the Civil Code of People's Republic of China (PRC) stipulates that real estate or chattel can be jointly owned by two or more organizations and individuals. Co-ownership includes joint ownership by shares and joint ownership. Article 298 Co-owners by shares shall enjoy the ownership of the jointly owned immovable property or movable property according to their shares. Article 299 Co-owners by shares shall jointly enjoy the ownership of the jointly owned immovable property or movable property. Article 300 Co-owners shall manage the jointly owned immovable property or movable property in accordance with the agreement; If there is no agreement or the agreement is unclear, all co-owners have the right and obligation to manage. Article 301 Disposal of jointly owned immovable property or chattel, major repair, change of nature or use of jointly owned immovable property or chattel, shall be subject to the consent of the co-owners or all co-owners, accounting for more than two thirds, unless otherwise agreed by the co-owners. Article 303 Where a co-owner agrees not to divide the jointly owned real estate or chattel in order to maintain the joint relationship, it shall be in accordance with the agreement, but the co-owner may request division if there are major reasons for division; If there is no agreement or the agreement is unclear, the co-owners by shares may request division at any time. If the common foundation is lost or there are major reasons for division, the co-owners by shares may request division. If the division causes damage to other co-owners, compensation shall be given.
The house is written with the names of two people. In whose name is the loan?
It depends on whether to borrow money to buy a house first or buy a house first and then borrow money. If the loan is made first and the name is added to the real estate license, it is regarded that the original property owner has given a certain share to the new property owner, which still has a certain impact on the realization of the bank's creditor's rights. The real estate license is a loan in the name of two people, and two people must sign the real estate license at the same time.
You need to mortgage the property you just bought and write two names on the loan contract.
So write the names of two people on the real estate license, loan; Personal housing portfolio loan. Because this belongs to the marital property agreement. Loan to buy a house can write two people's names! If the couple are husband and wife, in order to ensure a smooth mortgage loan, the real estate license is also their names.
It is necessary for husband and wife to borrow together. Housing provident fund loan: For those who have already participated in the payment of housing and inherited housing, you can write your name.
There is no other agreed share between the two parties. When they are in love, the real estate license is in the bank, but they don't have to write their names when signing the house purchase contract. The real estate license is also the name of two people. Whoever claims to prove it can do it on the contract.
legal ground
Article 25 Application for loan: If the borrower needs a loan, he shall directly apply to the host bank or the agency of other banks. The borrower shall fill in the loan application, including the loan amount, loan purpose, repayment ability and repayment method, and provide the following information:
1. Basic information of the borrower and guarantor;
Two, the financial department or accounting (audit) firm approved the financial report of the previous year, as well as the financial report of the previous period to apply for a loan;
Three, the original unreasonable occupation of loans to correct the situation;
4. List of collateral and pledge, and the certificate of consent of the obligee who has the right to dispose of the collateral and pledge, and the relevant documents of the guarantor's consent to the guarantee intention;
Verb (abbreviation of verb) project proposal and feasibility report;
Other relevant information deemed necessary by the lender.
Article 29 All loans shall be signed by the lender and the borrower. The loan contract shall stipulate the loan type, loan purpose, amount, interest rate, loan term, repayment method, rights and obligations of both borrowers and borrowers, liabilities for breach of contract and other matters that both parties think need to be agreed. The guaranteed loan shall be signed by the guarantor and the lender, or the guarantor shall specify the guarantee terms agreed with the lender in the loan contract, affix the official seal of the guarantor as a legal person, and be signed by the legal representative of the guarantor or his authorized agent. The mortgagor, pledger and lender shall sign mortgage contract and pledge contract for mortgage loan. Where registration is required, it shall be registered according to law.
"General Principles of Loans" Article 27 After accepting the borrower's application, the lender shall investigate the borrower's credit rating and the legality, safety and profitability of the loan, verify the collateral, pledge and guarantor, and determine the loan risk.
"General Principles of Loans" Article 28 A lender shall establish a loan management system with separate loan grading and approval. Examiners should verify and evaluate the information provided by investigators, retest the loan risk, put forward opinions and submit for approval according to the prescribed authority.
Article 26 of the General Rules for Loans of the People's Bank of China: The credit rating of the borrower shall be assessed according to the factors such as the borrower's leadership quality, economic strength, capital structure, performance, operating efficiency and development prospect. The rating can be independently conducted by the lender and mastered internally, and can also be conducted by an evaluation agency approved by the competent department.
How to get a loan if there are several names on the real estate license?
1. Any one or more co-owners of the title certificate can go to the bank to handle the loan formalities, mainly depending on their income. If the income is low, they can choose several co-borrower; if the income is high, they can only have one borrower. It depends on the repayment ability. If the property is ready for mortgage loan, if the borrower only designates one of them, all the co-owners of the property must sign on the spot to agree that the property is used for mortgage loan. If it is a mortgage loan for buying a new house, only one person needs to apply for the loan when the house property right is registered by more than one person. When the house property right is mortgaged, all the house property owners must sign and press their fingerprints. When you go to the bank to apply for a mortgage loan, you need to bring the borrower and his spouse with you, and bring your ID card, household registration book, marriage certificate, income certificate, bank running account, house purchase contract, down payment certificate, spouse's personal data, and the ID card, household registration book and marriage certificate of the property owner. Supplement: When the house is formally mortgaged, the owner of the house (originally registered more than one person, but now one person means co-ownership) needs to go through the mortgage registration formalities at the Registration Department of the Real Estate Supervision Department of the Housing Authority. The borrower fills in the mortgage application form, and the other co-owners sign and print their fingerprints below. There are three similar forms that need to be signed and fingerprinted, and my ID card is shown, and the video of agreeing to mortgage the house during negotiation is kept. As long as you take good care of your ID card, don't sign on the paper easily. It is impossible for the housing management department to handle the mortgage registration formalities for your brother. If you can't register the mortgage, the specialized bank won't give your brother a loan. I am in charge of loan approval. In ICBC, if anyone issues a loan without going through the mortgage formalities, they need to deal with it after class.
Let's not talk about the name of the real estate license and the introduction of the loan.