It is effective for one party to bear the joint loan after divorce. At the time of divorce, the joint property of husband and wife is handled by mutual agreement, so both parties can stipulate in the divorce agreement that all debts after divorce will be borne by one party, but this agreement cannot be against a third party. According to the law of our country, husband and wife can agree that the property acquired during the marriage relationship and the property before marriage belong to their own, joint ownership or partial joint ownership. Husband and wife joint loan 1 how to deal with divorce? If both parties have common property at the time of divorce, the common debts due shall be paid off by the common property; 2. If the joint property of both parties is insufficient to pay off, or the property belongs to each other, or the joint debt is not due at the time of divorce, and one or both parties are unwilling to pay off in advance, their respective shares in the joint debt shall be determined by mutual agreement, and so on. Legal basis: Article 1064 of the Civil Code of People's Republic of China (PRC), the debts jointly signed by the husband and wife or ratified by one of them afterwards, and the debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship belong to the joint debts of the husband and wife. The debts incurred by one of the husband and wife during the marriage relationship in their own name beyond the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's common life, joint production and operation, or based on the common meaning of both husband and wife.

Second, can the husband and wife loan be borne by one party after divorce?

According to the law, at the time of divorce, the debts incurred by the husband and wife living together should be paid jointly.

the marriage law of the people's republic of china

Article 41 At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid off jointly by the husband and wife. If the joint property is insufficient to pay off, or if the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

Third, who will pay back the mortgage of real estate license after divorce?

Yes, the loan is during your marriage. Therefore, this debt means that the two of you share the burden and divorce. You can reach an agreement on the division of housing property rights and the division of loan debts. Whoever wants a house will pay off the debt. The relevant judicial interpretation has the following provisions: "When the two parties cannot reach an agreement on the value and ownership of the house in the joint property of husband and wife, the people will deal with it separately according to the following circumstances:

(a) both sides claim the ownership of the house and agree to bid, which shall be allowed;

(two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

(three) if neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided. "How to repay the housing provident fund joint loan depends on your attitude towards housing ownership:

If both of you claim that the house belongs to you, it will be handled through bidding-the highest bidder will get the ownership of the house and repay the provident fund loan;

If only one of you claims ownership of the house, the claimant will get the house and repay the provident fund loan; If neither of you wants a house, you can entrust an auction company to auction the house in accordance with the provisions of the Auction Law, and use the proceeds from the auction to repay the outstanding housing provident fund loan.

4. Can a husband and wife bear the loan after divorce?

According to the law, at the time of divorce, the debts incurred by the husband and wife living together should be paid jointly.

the marriage law of the people's republic of china

Article 41 At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid off jointly by the husband and wife. If the joint property is insufficient to pay off, or if the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.