Current location - Loan Platform Complete Network - Bank loan - A friend bought a new car with a loan from a 4s shop, and soon after, her husband took out a second mortgage privately. Now that the car is lost, she hasn't paid the loan herself?
A friend bought a new car with a loan from a 4s shop, and soon after, her husband took out a second mortgage privately. Now that the car is lost, she hasn't paid the loan herself?
Automobile mortgage is a loan obtained from a financial institution or an automobile consumption loan company with the borrower's or a third party's car or self-purchased car as collateral. In this case, one of the husband and wife did not know that the other party privately mortgaged the vehicle for a second loan. According to the law, the debts owed by one spouse without the knowledge of the other spouse can be proved as personal debts, and the other spouse does not need to repay them. Article 1065 of the Civil Code stipulates that both men and women can agree that the property acquired during the marriage relationship and the pre-marital property are owned by themselves, all or part of it, and part of it. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties. The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.

In this case, the parties should first return the car loan, report the case, find the vehicle, and make corresponding compensation if the vehicle disappears.