(two) after the loan is paid off, the real estate license is completed, and then the name is changed. Both parties can write the details of housing division into the divorce agreement, and both parties can sign and press their fingerprints. After the housing loan is paid off in the future, the transfer will be handled according to the divorce agreement.
1. If one party has gone through the mortgage formalities before marriage, both husband and wife will repay the loan after marriage, but they have not gone through the property right registration before marriage.
This situation is very controversial. The mortgage loan is handled before marriage, and there is no property right registration, so it seems that the house should belong to the personal property before marriage. However, after marriage, the husband and wife repay the loan together, and the house also has the other party's capital investment. It seems that it should belong to the property after marriage. What is it actually like?
In fact, in this case, the mortgaged house should still be treated as pre-marital property. The bank has confidence in the credit of the specific purchaser, that is, the loan debtor (mortgagor), and the property right is obtained by the individual paying the down payment before marriage. Therefore, in this case, even if the title certificate is obtained after marriage, the house still belongs to personal property and should be treated as personal property.
2. Go through the mortgage formalities before marriage and have gone through the property right registration. After marriage, the husband and wife jointly pay off the loan.
The creditor-debtor relationship between the bank and the debtor is based on the special trust in the credit status, and the debtor will not change because of the marriage relationship. The repayment of the loan by husband and wife with the same property only produces the creditor-debtor relationship between husband and wife, and does not change the ownership of the house.
In this case, the mortgage loan will be handled by which party the property right belongs to. The part of the returned loan that belongs to the spouse should be returned, and the unpaid debt after divorce is still a personal debt.
3. Go through the mortgage formalities after marriage, but the property right of the house is registered in the name of the husband and wife.
In this case, there is no dispute about the nature of the houses belonging to the same property. The problem is that if the house is awarded to a non-property registration party, it will involve whether the debt is transferred and whether it needs bank approval.
In fact, without the creditor's consent, you can't refuse to go through the re-mortgage formalities on the grounds of changing the debtor, because the actual borrowers during the marriage relationship are both husband and wife, not the nominal owners or borrowers on the real estate license. In addition, awarding the house property right to any party during divorce will not affect the bank's credit interests. When making a judgment, the court can not only take the bank's credit interests as the consideration standard, but also award the house to the party with strong repayment ability.
What is the process of buying a house with mortgage loan?
(1) loan application
After confirming that the property you choose has bank mortgage support, buyers should prepare relevant legal documents, learn from the bank or the law firm designated by the bank about the bank's provisions on mortgage support for buyers, and fill in the mortgage loan application form.
(2) Choose real estate
Property buyers should further confirm whether the real estate developed and built by developers is supported by banks in advertisements or through sales staff. If buyers want to get the mortgage service of this house, they must know that some projects can apply for mortgage loans, so as to ensure the smooth acquisition of mortgage loans. When choosing a real estate, we should focus on this aspect.
(3) Signing a house purchase contract
Property buyers can sign the "Pre-sale Sales Contract of Commercial Housing" with developers or their agents. After receiving the relevant legal documents of mortgage application submitted by the purchaser, the bank will issue a loan consent notice or a mortgage commitment letter to the purchaser after confirming that the purchaser meets the mortgage loan conditions.
(4) mortgage registration and insurance.
Property buyers, developers and banks hold mortgage loan contracts and purchase contracts to the real estate management department for mortgage registration and filing procedures. The insured amount shall not be less than the total value of the collateral. Before the loan principal and interest are paid off, the buyer shall list the bank as the beneficiary of 1 when purchasing insurance, and shall not interrupt the bank to keep the insurance policy during the loan performance. If the house is delivered in advance, the mortgage registration shall be changed after completion. Under normal circumstances, due to the relatively long term of mortgage loans, banks require buyers to apply for personal and property insurance to prevent loan risks.
(5) signing a house mortgage contract.
The purchaser signs the purchase contract after obtaining the payment voucher, and signs the mortgage loan contract with the developer and the bank with the relevant legal documents stipulated by the bank, so as to clarify the rights and obligations such as the amount, term, interest rate and repayment method of the mortgage loan.
(6) Opening a special repayment account.
After the house mortgage loan contract is signed, the buyer opens a special repayment account in the financial institution designated by the bank according to the contract, and signs a power of attorney to authorize the institution to pay the loan principal and interest and arrears related to the mortgage loan contract from this account. After handling the relevant formalities, the bank will transfer the loan to the bank account opened by the developer in the bank at one time as a personal housing loan business guaranteed by the purchaser's purchase payment in installments. The bank is confirming that the buyers meet the mortgage loan conditions and fulfill the obligations stipulated in the building mortgage loan contract.
Legal basis:
civil law
Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property.