Husband and wife can claim that the mortgage agreement is invalid if one party mortgages the property and the other party does not agree to the mortgage without knowing it. If the mortgage agreement is invalid, the party establishing the mortgage shall bear the responsibility of guarantee and be jointly liable for the economic losses of the creditors of the main contract.
The real estate mortgage loan process is as follows:
1. loan application: the borrower proposes the purpose, amount and term of the loan;
2. Preparation of loan materials: The borrower and the mortgagor shall prepare all the documents and certificates required for applying for loans as required; Including: my spouse's ID card, household registration book, income certificate, personal consumption contract and marital status certificate; Property ownership certificate, owner's and spouse's ID card, household registration book and proof of marital status;
3. Appraisal of house inspection: relevant institutions conduct on-the-spot investigation, appraisal (survey) and evaluation of mortgaged houses;
4. Apply for a loan: submit all loan application materials together with the evaluation report or opinion to the bank for approval;
5. Notarization of loan contract: after the borrower and mortgagor fill in (loan contract) and all relevant documents, sign them and press their fingerprints, they will be notarized by a notary;
6. Mortgage registration procedures: the bank shall go to the property right office for mortgage registration with the house ownership certificate and notarized loan contract;
Opening an account and lending: the borrower opens a repayment account and the bank lends money to this account.
To sum up, mortgage bank loans need to be signed by both husband and wife. When handling mortgage loans, the property owner and his spouse are required to sign, because it involves the distribution of husband and wife's property. At the same time, the house after marriage is the same as the real estate loan, and it is also the same as the debt. Both husband and wife are responsible for repayment, so both parties need to sign.
Legal basis:
Article 1062 of the Civil Code of People's Republic of China (PRC)
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) 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;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.
Article 1063
The following property is the personal property of one of the spouses:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property that is determined to belong to only one party in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.