No matter the name of one party or both parties on the real estate license, as long as the property right of the house is jointly invested (including loans) by the husband and wife after marriage, it is common property. Husband and wife have equal rights in dealing with common property. You only need to get the consent of the other party when you borrow money.
What matters should husband and wife pay attention to when buying a house with a joint loan?
1. Prepare the materials needed for joint loan to buy a house: ID card (the second generation needs two sides); Household register (front page, index page, individual page); Proof of income (provided by the bank, only need to stamp the unit seal on it); Purchase contract; Marriage certificate; Down payment receipt. Among them, ID card, household registration book, marriage certificate and down payment receipt need to be copied in triplicate.
2. When going through the formalities, both parties shall be present together; If the contract is signed by both husband and wife, both parties need to be present in person when signing the contract. If one party cannot attend, it must go through the formalities of notarization and authorization.
3. When applying for a mortgage, both parties also need to be present in person; When applying for a mortgage, they sometimes apply together in the name of husband and wife, so the bank needs to review the qualifications of both of them and sign them at the same time when handling relevant procedures.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, which is jointly owned by husband and wife: (1) wages, bonuses and labor remuneration; (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 in dealing with common property.