1. If the husband and wife have a joint loan after marriage, now they can communicate and negotiate on their own to see who will repay the joint loan, or two people will repay it together. As long as they can communicate and negotiate a result, they can sign a divorce agreement, and the issue of joint debt repayment must be clearly stated in the agreement.
In addition, it depends on whether a property agreement has been signed. If one party agrees in the agreement to repay, but the creditor does not agree, in fact, two people need to repay and share.
3. If two people can't communicate a result, then there may be only one way to deal with divorce through joint loans, that is, divorce through court proceedings, and divorce through litigation must provide favorable evidence.
The loan owed by husband and wife to the bank belongs to the joint debt of husband and wife, which needs to be repaid by both parties in divorce. The specific repayment ratio can be decided by both parties through consultation. If negotiation fails, the court will make a judgment. The joint debts of husband and wife include the debts signed by both husband and wife or ratified by one party afterwards, as well as the debts incurred by one husband and wife in his own name for the daily needs of the family during the marriage relationship. At the time of divorce, the joint debts of husband and wife are paid by both parties. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment. If the husband and wife use common provident fund loans, according to the regulations, employees who have paid the housing provident fund for more than six months (inclusive) can apply for individual housing provident fund loans to the provident fund center as the main lender when they purchase self-occupied housing in the administrative area of Shijiazhuang City. If the housing provident fund loan is jointly applied by husband and wife, then one party is the main lender and the other party is the borrower; Moreover, the main lender of the provident fund loan must be the actual purchaser or the owner of the house, and its spouse can only be the borrower.
(1) The property purchased by the husband and wife through the joint loan belongs to the joint property of the husband and wife, so the outstanding loan also belongs to the joint debt of the husband and wife, so both parties must jointly undertake the repayment obligation.
(2) If the relationship between two people is broken and divorced, the debt still needs to be repaid by both husband and wife. However, if the husband and wife can be repaid by one of them through consultation, they can also be repaid by one of them.
(3) If the party who buys a house after divorce is unable to pay the house loan, the bank still has the right to recover from his spouse. After the party that has not obtained the house repays the house loan to the bank instead of the other party, the compensation party may claim compensation from the other party.
legal ground
civil law
Article 1089 At the time of divorce, the joint debts of husband and wife shall be paid off jointly. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Article 1064 Debts jointly signed by husband and wife or ratified by one of them afterwards, as well as debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship, are joint debts of 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.