When the house mortgage is registered, if the house belongs to both husband and wife, both husband and wife should be present. If they can't be present, they can entrust an agent to mortgage.

1. What are the legal provisions?

Civil Code (implemented from 202 1 1): Does it belong to * * * to buy a house after marriage and write your own name?

(1) Property owned by * * *:

1. If the property right of the property purchased by both parents is registered in the name of one child, the property can be recognized as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

The house bought belongs to husband and wife. At the time of divorce, if one party wants to have the right to use the house, it will be allocated to the other party after evaluation by the evaluation unit; If both parties want to own a house, they will bid; If neither party wants a house, the people's court will auction it and then allocate it.

2. If the husband and wife have no clear agreement on the house purchased during the marriage, if only one person's name is written on the real estate license, it will be deemed as the joint property of the husband and wife;

(2) Property not used by * * *:

If the property right of a property purchased by one parent for their children after marriage is registered in the name of the investor's children, according to the provisions of the Civil Code, it can be considered as a gift only to one parent's children, and the property should be considered as the personal property of one spouse.

Second, what are the precautions for buying a house after marriage?

* * * Buying a house needs to pay special attention to four aspects. Such as contract signing, mortgage application, transaction transfer, etc., both husband and wife need to be present. In addition, couples also need to study in advance when preparing documents and applying for a mortgage.

1, the main loan and the sub-loan are 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 simply 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, experts reminded that it is necessary to pay attention to changes in credit policies. 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.

2. Both parties to the contract attend 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 review 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 both husband and wife is owned by * * * or * * 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.

3, 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. During the marriage of husband and wife, it is counted 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 on the real estate license, the proportion of each party must be stated. There is also a situation that needs to be considered in advance, that is, if only one party contributes, whether to register the name of the other party in the real estate license; If registered, what is the share of the non-investor, and it also needs to be determined and stated in the real estate license.

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 of the parties has a high income, it is not a problem to pass the qualification examination and approval, and the income certificate of the other party is not needed.

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 shall be jointly owned by 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.

I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.

Legal basis: Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate

Article 66 If a natural person, legal person or other organization mortgages real estate according to law in order to ensure the realization of its creditor's rights, the parties concerned may apply for mortgage registration with the necessary materials such as real estate ownership certificate, mortgage contract and principal creditor's rights contract.

The mortgage contract can be a separate written contract or a mortgage clause in the principal creditor's rights contract.

People's Republic of China (PRC) Civil Code

Article 161 A civil subject may carry out a civil juristic act through an agent.

In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.