Having a mortgage generally does not affect divorce, and divorce can be agreed. And both parties shall sign the divorce agreement and go through the divorce registration at the marriage registration office. In case of divorce through litigation, one party shall decide whether to grant divorce according to whether the relationship between husband and wife is broken.

legal ground

Article 1076 of the Civil Code: If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people. The people's court shall mediate in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.

What if the husband and wife divorce in a mortgaged house?

1. The house is mortgaged. What if the husband and wife divorce?

Commercial housing purchased by mortgage loans should be directly divided into husband and wife property, and loans owed to banks can be treated as husband and wife debts according to law.

According to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), there are two ways to deal with this situation:

1. Pay off the loan owed to the bank in advance and cancel the registration of other rights on the house ownership certificate, so that people can be required to deal with the ownership of the house while dealing with the marriage problem;

2. After the divorce, both parties or one party will continue to repay the loan. After the loan is paid off and the mortgage registration is cancelled, both parties shall negotiate or appeal to the people.

Second, how to divorce by buying a house with a loan?

1. At the time of divorce, it is difficult to deal with the mortgaged house ownership after marriage, but the house ownership is registered in the name of husband and wife. The main reason is that the judgment changes the property owner, that is, changes the borrower. If the bank refuses to handle the mortgage transfer procedures, the judgment will not be executed. If the house is awarded to a non-registered party, it is essentially equivalent to changing the debtor and requires the consent of the creditor (bank). If the bank doesn't agree, it can't make a judgment.

2. Under normal circumstances, the house purchased with the joint property of husband and wife after marriage, although the property right is registered in the name of one of the husband and wife, still belongs to the joint property of husband and wife, and the mortgaged house is no exception. If there is no evidence that the house is mortgaged by personal property, then divorce should be divided according to the joint property of husband and wife, which is no different from the house in the usual sense. There is no theoretical basis for banks to refuse to handle the formalities of lending.

(1) On the one hand, we can't refuse to go through the remortgage formalities on the grounds of changing the debtor (nominal repayment person) without the consent of the creditor (bank). According to the above analysis, the actual borrowers of such cases during the marriage relationship are both husband and wife, not the nominal owners or borrowers on the property certificate.

(2) On the other hand, if the property right of the house is awarded to any party at the time of divorce, it will not affect the credit interests of the bank, and any party as the repayment will not affect the house as the mortgaged property to guarantee the debt. In the judgment, the house cannot be awarded to the party with strong repayment ability only by taking the bank's credit interest as the consideration standard. We should consider the degree of housing demand and still adhere to the principle of protecting women's interests or taking care of parents raising children.

(3) Third, according to the principle that husband and wife are jointly and severally liable for the debts during the marriage relationship, the bank can hold the divorced party accountable. According to the regulations, even in the divorce judgment or the divorce agreement between husband and wife, the distribution of creditor's rights and debts between husband and wife only has internal effect between the divorced parties.

The judgment or divorce agreement determines which party bears the specific proportion of the remaining debts and cannot confront the creditors (banks). However, if a divorced party assumes debts due to joint liability exceeding its due proportion, it may claim compensation from the other party.

In real life, due to the high value of the house, many couples can't pay the house price in one lump sum, so they will choose mortgage to buy a house. Because the mortgage house is different from the general house, the procedure of dividing the mortgage house by husband and wife is also complicated and easy to trigger, so we will judge the various ways of dividing the mortgage house.

I just bought a house with a loan. What should I do if I want a divorce?

Husband and wife * * * loan to buy a house to deal with divorce.

Couples * * * use loans to buy a house is divided into two situations:

1. If the divorced couple has an agreement in advance, it is ok to handle it according to the pre-agreed agreement;

2. However, if there is no agreement between the divorced husband and wife, after marriage, the husband and wife purchase and handle the property with mortgage loan in the name of both parties, and the property right of the house is registered in the name of the individual or both parties, and the mortgage loan is repaid by both husband and wife after marriage. If there is no special property distribution agreement between husband and wife, then the house property should belong to the joint property of husband and wife, and the house mortgage loan that has not been repaid to the bank belongs to the same debt.

Husband and wife buy a house with a loan and divorce. Who owns the house?

In the specific process of housing division, if the husband and wife can't reach an agreement on the ownership of the house, it can be handled in accordance with the provisions of Article 20 of the National Marriage Law, namely:

1. If both husband and wife claim the ownership of the house and agree to bid, it shall be allowed;

2. If one of the husband and wife claims the ownership of real estate, the husband and wife who have obtained the ownership of real estate shall give the other party corresponding compensation because the housing appraisal institution evaluates the house according to the current market price of the house;

3. If neither husband nor wife claims the ownership of the house, the house shall be auctioned according to the application of both husband and wife, and the income shall be divided.

Before the divorce, the mortgage of both husband and wife has not been paid off, and the problem of housing ownership when both husband and wife buy a house with a loan can be dealt with in the following two ways.

1. If the husband and wife haven't raised money to pay off all the house loans before the divorce, and have obtained the real estate license to decompress, the husband and wife can sell the house, pay off the raised money, or handle the divorce house analysis and transfer the house to one of the husband and wife.

2. If the house has not paid off the loan, then the property right of the house is mortgaged to the bank, which does not belong to the husband and wife for the time being. Your husband and wife have no right to go through the formalities of property right division. You can write the details of housing division into the divorce agreement between husband and wife, then notarize the divorce agreement between husband and wife, pay off the loan later, and divide the property rights according to the divorce agreement between husband and wife.

In short, it is best for both husband and wife to deal with the divorce of buying a house by loan, otherwise it will be handled in accordance with relevant laws and policies. The above is what I have compiled about the knowledge of divorced couples who borrow money to buy a house. I hope the above content can help you.