First, the relationship between loans and divorce

Loan is an economic relationship between husband and wife during the marriage relationship, which may involve many types such as house loan, car loan and consumer loan. But the existence of loans does not directly affect the divorce rights of both husband and wife. Divorce is based on the breakdown of the relationship between husband and wife, while loans are based on the emergence of economic relations and are legally independent.

Second, the handling of loans in divorce.

In the process of divorce, both husband and wife need to negotiate or solve the loan problem through legal procedures. This includes determining the ownership of the loan, sharing the repayment responsibility and handling the debts arising from the loan. Under normal circumstances, both husband and wife can choose the following ways to apply for loans according to the actual situation:

1. One party undertakes all the loans: if both parties reach an agreement through consultation, one party can undertake all the loans, and the other party is no longer liable for repayment.

2.*** Share the loan together: Both parties can also negotiate * * * to share the loan together and bear the repayment responsibility according to the agreed proportion.

3. Handling through legal procedures: If both parties fail to reach an agreement through negotiation, the loan problem can be solved through legal procedures, and the court will make a ruling according to the specific circumstances.

When dealing with the loan problem, husband and wife should pay attention to protect their legitimate rights and interests and avoid disputes and contradictions arising from the loan problem.

Third, the influence of divorce procedures and loans.

The handling of divorce procedures is not directly related to the existence of loans. Regardless of whether the husband and wife have loans or not, they can register for divorce or file divorce proceedings according to legal procedures. However, the loan problem may have an impact on the life after divorce, so both parties need to fully consider and plan before divorce.

To sum up:

Even if both husband and wife have loans, they can go through divorce procedures. In the process of divorce, both parties need to properly handle the loan problem to ensure that their respective rights and interests are guaranteed. The handling of divorce procedures is not directly related to whether there is a loan, but the loan problem may have an impact on the life after divorce.

Legal basis:

the marriage law of the people's republic of china

Article 3 1 stipulates that:

If both men and women voluntarily divorce, divorce shall be granted. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate.

the marriage law of the people's republic of china

Article 39 provides that:

At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.