1. What to do if the car loan has not been repaid during divorce

1. If the car loan has not been repaid during divorce, the ownership of the car and the loan need to be divided together during the divorce. Both spouses can If the agreement is divided, if the agreement fails, you can file a lawsuit in the People's Court, and the People's Court will make a decision. The party who takes title to the car is responsible for the repayments.

2. Legal basis: Article 1089 of the "People's Republic of China and Civil Code"

When divorcing, the husband and wife must pay the same debts. Repay the same. If the property of the two parties is insufficient to repay or the property belongs to each other, the parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.

2. What is the procedure for divorce by agreement

1. Application. For divorce by agreement, both parties must apply in person to the marriage registration authority in the place where one party has his/her registered permanent residence, and may not entrust others to act for him. When applying, each party should present their household registration certificate, resident identity certificate, letter of introduction issued by their unit or village, residents' committee, divorce agreement, marriage certificate, etc., so that the registration management agency can identify the parties and determine jurisdiction.

2. Review. After accepting the divorce registration application of the parties, the marriage registration management agency shall conduct a review within one month. During the review process, it shall fully understand the contents of the agreement, especially whether the intention of both parties to request divorce is true, child support, husband and wife Whether matters such as assistance for one party’s life difficulties, division of property, and debt settlement are appropriate.

3. Registration. After review by the marriage registration management agency, those who meet the conditions for divorce should be registered, a divorce certificate issued, and the marriage certificate cancelled; for those who do not meet the legal conditions and are not allowed to register, the reasons for not being registered should be explained in writing, and the relationship between husband and wife will continue. The marriage shall be terminated when the parties concerned receive the divorce certificate. If one party to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the People's Court.

4. Cancellation. If a party applying for divorce commits fraud or defrauds the divorce registration, the marriage registration management agency shall cancel the divorce registration, declare the dissolution of the marriage to be invalid and withdraw the divorce certificate. If the party believes that he or she meets the conditions for divorce, he or she may apply for administrative reconsideration in accordance with the law. If you are not satisfied with the reconsideration decision, you may file an administrative lawsuit in accordance with the law.