Therefore, if one of the husband and wife has applied for and used the housing provident fund loan, then both husband and wife are not qualified to use the housing provident fund loan before the principal and interest of the mortgage have been paid off, but the balance of the provident fund account can be withdrawn if it meets the requirements.
Provident fund withdrawal steps:
Step 1: First, apply to the unit where you work. After the unit conducts a preliminary examination of the purchase situation, it issues an application form for employees to purchase and withdraw individual housing provident fund with the seal of the unit;
Step 2: Take the application form for house purchase extraction, identity certificate and relevant proof materials of house purchase to the center for extraction and review;
Step 3: After being audited by the center, the unit will issue a transfer check to the provident fund payment bank for payment.
When withdrawing the housing provident fund to repay the housing loan, it should provide: an Application Form for Withdrawing Individual Housing Provident Fund for Employees to Purchase a House, which is filled in and sealed by the employer; Original of my housing loan contract; Loan repayment passbook or loan repayment savings card (the repayment record of the last month must be printed or provided on the passbook); When the spouse withdraws, the original marriage certificate or household registration book should also be provided. 4. If the housing provident fund is withdrawn for the payment of house purchase, it shall be provided with: an Application Form for Withdrawing Individual Housing Provident Fund for Employees' House Purchase and Building, which is filled in and sealed by the employer; The original registered house purchase contract signed by me and the developer; The account number and receiving bank of the real estate developer; The spouse should also provide the original marriage certificate or household registration book when extracting.
Both husband and wife applying for housing provident fund loans must meet the following conditions:
1. Both husband and wife must pay provident fund, and there is a certain amount of housing provident fund in the housing provident fund account;
2. Both husband and wife must continuously deposit housing provident fund 1 year or more;
3. So far, neither husband nor wife has any housing provident fund loans to repay, that is to say, neither has borrowed housing provident fund nor paid off the previous loans;
4. The real estate license purchased by the housing provident fund loan must have the names of both husband and wife;
5. When both husband and wife apply for housing provident fund loans, they need to provide their marriage certificates.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 24 of the Regulations on the Management of Housing Provident Fund (revised on 20 19) is under any of the following circumstances, employees may withdraw the storage balance in the employee's housing provident fund account:
(a) the purchase, construction, renovation and overhaul of owner-occupied housing;
(2) retirement;
(three) completely lose the ability to work, and terminate the labor relationship with the unit;
(4) Having left the country to settle down;
(5) Repaying the principal and interest of the house purchase loan;
(six) the rent exceeds the prescribed proportion of family wage income.
In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time.
If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund.
Article 1064 of the Civil Code of People's Republic of China (PRC) * * * Debts incurred by both husband and wife with the same signature or later ratified by one of the husband and wife, and debts incurred by one of the husband and wife in his own name for the daily life of the family during the marriage relationship belong to the same debt of the husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.