Is it reasonable for a divorced house to be owned by a man with a loan?
The divorced house has a loan, and it is reasonable for the man to repay the loan under certain conditions. According to the law, husband and wife sign a real estate sales contract 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. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce. The people's court may decide that the real estate belongs to the registrant and the outstanding loan is the personal debt of the registrant. The Supreme People's Court's explanation on the application of the Marriage and Family Compilation of the Civil Code of People's Republic of China (PRC) (1) Article 33 If a creditor claims rights against the debtor's spouse for personal debts incurred by one party before marriage, the people's court will not support it. But the creditor can prove that the debt is used for married families to live together. Article 34 If a husband and wife collude with a third person to fabricate a debt, and the third person claims that the debt is a joint debt of the husband and wife, the people's court will not support it. The people's court will not support the debt incurred by one party due to illegal and criminal activities such as gambling and drug abuse, and the third party claims that the debt is the same debt for husband and wife. Article 35 If the divorce agreement of the parties or the effective judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the same debt of husband and wife.