After divorce, whether mortgage is needed depends on the division of property rights of the house. If you hold the property right of the house, you need to repay the mortgage and bear the debt of the house. If there is no division of property rights, you need to bear it yourself. For example, buy a house together before marriage, add a name after marriage, buy a house together after marriage and so on. Everyone needs to repay the loan, and the unnamed house bought by the other party before marriage does not need to repay the loan.
What should couples pay attention to when buying a house? 1. Both parties to the contract attended in person.
In the process of buying a house, many signing processes are involved, such as signing a sales contract, applying for a mortgage, and transferring transactions. Both husband and wife need to be present at the same time. In addition to signing the real estate sales contract, both parties need to be present in person when applying for mortgage and handling the transfer formalities. Experts explained that when applying for a mortgage, they sometimes apply in the name of husband and wife, so banks need to test the qualifications of both parties and sign at the same time when handling relevant procedures. In addition, when handling the transfer formalities, in principle, both parties are required to be present at the same time, because according to the provisions of the Civil Code, whether the property purchased by husband and wife is owned by * * * or owned by * * * needs to be reflected in the sales contract and then stated in the real estate license, so both parties need to be present to sign and confirm. However, if you can't be present, you must also go through notarization and entrustment procedures and explain the relevant matters clearly.
2. preparing for the exam is the key.
When a husband and wife buy a house together, they need to provide many documents, and none of them can be less. Couples need to provide proof of income when applying for a mortgage. Non-local residents are required to provide local tax payment certificates or social insurance payment certificates provided by both parties for more than 1 year, otherwise it will be handled according to the loan policy for non-local residents. Of course, when applying for a mortgage loan, if one party has a higher income and passes the qualification examination, the income of the other party will not be a problem.
3, the main loan, sub-loan is particular.
As the credit policy has changed, the determination of the main lender and the sub-lender should be based on the actual situation, not just on the income level. When the husband and wife jointly repay the loan, when determining the main lender and the secondary lender, they must be determined according to the actual situation. Under normal circumstances, in a bank housing loan contract, only one party is regarded as a "lender" (usually referred to as the main lender), and the other party can be regarded as a "* * * lender" regardless of whether the names of both parties are written on the property ownership certificate. When determining the main lender, we should choose the spouse with high and stable income, and pay attention to the age limit, otherwise it will affect the loan term.
In addition, we need to pay attention to the changes in credit policy. Non-local residents who cannot provide local tax payment certificate or social insurance payment certificate for more than 1 year shall be treated differently. For example, the increase of mortgage down payment ratio and interest rate will undoubtedly increase the cost of buying a house. Therefore, this factor should be considered when determining the main lender.
The share is fixed in advance.
Husband and wife buy a house together, what is the share of property? It needs to be determined in advance to avoid future disputes. According to the provisions of the Civil Code: "The property acquired by husband and wife during the marriage relationship belongs to both husband and wife, unless otherwise agreed by both parties." Therefore, even if the name of the other party does not appear on the real estate license, it does not affect its ownership of the house. However, at present, there are a few trendy couples whose property is subject to AA system. When buying a house together, you need to consider the issue of property share. According to relevant laws and regulations, the owner can choose the form of * * *, and if * * * and * * * are selected, both parties shall enjoy equal rights and interests; If there are * * * copies, they need to be divided in advance and marked on the property ownership certificate.
5, prospective couples buy a house and re-register.
What needs special reminder here is that there are many prospective couples buying houses together. In order to reduce disputes, experts suggest making some efforts on the registration content of real estate license.
The prospective couple mentioned here refers to those who are about to get married, but have not yet obtained a marriage certificate. The duration of husband and wife's marriage is calculated from the date of obtaining the marriage certificate, so buying a house together without obtaining the marriage certificate cannot be regarded as the same property. In this case, if * * * jointly buys a house and both parties make equal contributions, they need to register their names on the property ownership certificate at the same time. If the contribution ratio of both parties is different, although the names of both parties will be registered in the real estate license, the proportion of each party must be stated.