Legal analysis: after divorcing the provident fund loan, during the marriage period, when buying a house with the property of * * *, I applied for the provident fund loan. If it has not been paid off at the time of divorce, the loan belongs to the debt of * * *. At the time of divorce, both parties should make an agreement on the sharing of the debt. If no agreement can be reached, it can be brought to court for divorce through litigation. If it is decided that the property belongs to one of them and the other enjoys corresponding compensation, then the loan that has not been returned is the personal debt of the registered party. If a husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage, and the real estate is registered in the name of the down payment payer, the real estate will be handled by both parties through agreement at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the registered party, and the outstanding loan is the personal debt of the registered party. In the event of divorce, the party registering the real estate shall compensate the other party for the money paid by both parties for repaying the loan after marriage and the corresponding property appreciation part.
Legal basis: Article 176 of the Civil Code of the People's Republic of China
If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt handling.
article 179th if a spouse requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation fails, divorce shall 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;
(3) gambling, drug abuse and other bad habits;
(4) separated for two years due to emotional disharmony;
(5) Other circumstances that lead to the breakdown of the relationship between husband and wife. 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, and the two parties have separated for one year, if one party files a divorce lawsuit again, divorce shall be granted. What should I do with the housing provident fund loan after divorce?
After divorce, the house bought by provident fund loan belongs to the same property of husband and wife, and the mortgage arrears also belong to the same debt of husband and wife. Both husband and wife can negotiate that one person will repay the loan, or they can pay off the remaining mortgage arrears in advance before divorce to avoid disputes. In order to repay the provident fund mortgage on time after divorce, it is best for the main borrower to undertake the subsequent repayment obligations, and sign a divorce agreement to clarify the property distribution between the two parties and the mortgage repayment person. If the property right of the house bought by the provident fund loan changes after the divorce, it is necessary to go through the formalities for changing the property right of the house. Article 176 of the Civil Code of the People's Republic of China * * * If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt handling. Article 179 If a spouse requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation fails, divorce shall be granted. In any of the following circumstances, if mediation fails, divorce shall be granted (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 disharmony; (five) other circumstances that lead to the breakdown of marital 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, and the two parties have separated for one year, if one party files a divorce lawsuit again, divorce shall be granted. What will happen to provident fund loans after divorce?
The provident fund loan belongs to the debt problem, and the debt is handled by both parties through agreement. If the agreement cannot be reached, the court will intervene, as follows:
Marriage Law of the People's Republic of China
Article 41 In the event of divorce, the debts incurred by the husband and wife who were originally living together should be repaid together. * * * If the same property is not paid off, or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Extended information:
Handling of purchasing real estate with pre-marital loans:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III)
Article 1 A husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage, and the real estate is registered in.
if no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party whose property right is registered, and the outstanding loan is the personal debt of the party whose property right is registered. After marriage, the amount paid by both parties for repayment of the loan and the corresponding value-added part of the property shall be compensated by the party registering the property right to the other party according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.