Whether the mortgage loan needs to be signed by both husband and wife is as follows:
The problem of 1 needs to be considered in two situations. Generally speaking, a bank loan definitely needs a husband's bank loan and does not need the signature of both husband and wife.
2. The mortgage loan does not necessarily need to be signed by both husband and wife. Only when the wife owns the same property, the husband needs to own the same property with her husband. At the same time, the married house is the repayment responsibility of both husband and wife, which needs the signature of both parties;
3. If the house belongs to the joint property of husband and wife, both parties have the same right to dispose of it. Therefore, if you want to marry a husband, you must get the written consent of someone in * * *; Judging from the process of housing mortgage loan, it is difficult to successfully handle this business without the consent of any party.
Legal basis: Article 1064 of the Civil Code of People's Republic of China (PRC).
Husband and wife * * * The same debt * * The same signature of both husband and wife or the ratification of one husband and wife afterwards * * * indicates the same debt, and one husband and wife takes care of the daily life of the family in their own name during the marriage relationship. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life do not belong to the same debt of husband and wife. But the creditor can prove that the debt is used for husband and wife's life, production and operation or based on the husband.
Second, why does the mortgage loan need the signature of the spouse?
If the house belongs to the common property of both husband and wife, both parties enjoy the same right to dispose of it, and neither party can claim rights on behalf of the other. Therefore, if you want to mortgage the property jointly owned by husband and wife, you must get the written consent of someone. Judging from the process of housing mortgage loan, it is difficult to successfully handle this business without the consent of any party. Specifically, the process of housing mortgage loan is as follows: first, the borrower needs to find an appraisal agency to evaluate the value of the property and obtain the real estate appraisal report issued by the appraisal agency. Secondly, both husband and wife were present to submit the above information and sign a real estate mortgage contract. Third, the borrower signs a loan contract with the bank. Fourth, the bank issues loans after approval. Finally, the borrower repays in installments or in one lump sum, cancels the mortgage of the house property and gets back the real estate license.
3. Does the mortgage need to be signed by both husband and wife?
Legal analysis: not necessarily. A mortgage loan does not necessarily need to be signed by both husband and wife, but only when the collateral of the mortgage loan is the joint property of husband and wife. Because it involves the distribution of marital property. At the same time, the house after marriage is the same as the real estate loan, and it is also the same as the debt. Both husband and wife are responsible for repayment, so both parties need to sign.
Legal basis: Article 1064 of the Civil Code of People's Republic of China (PRC) * * * The debts incurred by the husband and wife with the same signature or ratified by one of them afterwards, and the debts incurred by one of them in his own name for the daily life of the family during the marriage relationship, belong to the same debts 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.
4. Does the mortgage have to be signed by both husband and wife?
Real estate mortgage loan must be signed by both husband and wife. . .
Because the real estate license, no matter whose name it is, is shared by husband and wife, it is legally impossible to unilaterally mortgage loans.
If the real estate license is named by both parties, it must be signed by both parties. If the real estate license is the name of one party, you may also need to show a single certificate or a divorce certificate.