Legal analysis: China's law does not stipulate how long it can be bought after divorce; When buying a house, you need to bring a divorce certificate, ID card, household registration book and have not remarried. Whether you can get a loan to buy a house immediately after divorce depends on the relevant regulations of the bank:
Under normal circumstances, the real estate management department has no special requirements for buying a house after divorce. It is only necessary to divide the property after marriage clearly and clarify the real estate situation under its name.
After the divorce, there is no real estate in your name. Buying a house should be considered as the first set and you are eligible to buy a house.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1076 Both husband and wife voluntarily dissolve the divorce agreement and apply for divorce registration at the marriage registration office in person.
The divorce agreement shall specify the mutual opinions of both parties on matters such as voluntary divorce, property and debt handling.
Article 1079 Divorce proceedings may be initiated by relevant organizations.
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.
Divorce is allowed under the following circumstances:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(five) other reasons lead to the breakdown of marriage.
One party was declared missing and the other filed for divorce.
If the people's court decides that divorce is not allowed and then files a divorce lawsuit, it shall grant divorce.
Article 1085 After divorce, the children shall bear part or all of the alimony. The amount of expenses and the length of time limit are decided by the people.
The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.
Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people shall make a judgment according to the principle of the rights and interests of the rich woman, the woman and the innocent party.
The rights and interests enjoyed by the husband or wife in the contracted management of family land.
Second, how long will it take to buy a house after the mortgage divorce?
First-hand, the bank can lend money within 0/5 to 30 working days after the normal procedures are completed (depending on the bank), and you can go to the bank to get it about a week after lending.
I am divorced now: can I buy a house right away? How long can I get a loan to buy a house?
Whether you can get a loan to buy a house immediately after divorce mainly depends on the relevant regulations of the bank. Under normal circumstances, the real estate management department has no special requirements for buying a house after divorce. It is only necessary to clarify the division of property after marriage and the real estate situation under the name. At present, many banks have issued policies. For divorced people who apply for the first home loan, they must divorce for more than 1 year before they can lend money, which plugs the loophole of "suspected fake divorce to buy a house", that is, when the bank reviews, for borrowers whose husband and wife have real estate during the marriage relationship, although they have no real estate in their own names after divorce, they must be divorced for more than 1 year before they can meet the requirements of issuing loans according to the first home loan standard; Or ask for a divorce for more than 3 months before applying for a mortgage. Mortgage: The buyer fills in the application for mortgage loan to the bank and provides the documents that must be submitted according to the legal documents such as ID card, income certificate, house sales contract and guarantee letter. After passing the examination, the bank promises to issue loans to the buyer, and handle the notarization of real estate mortgage registration according to the house sales contract provided by the buyer and the mortgage loan contract concluded between the bank and the buyer. The bank directly transfers the loan funds to the seller's account within the time limit stipulated in the contract. Factors affecting the years of buying a house and the term of mortgage: 1: the age of the loan applicant. When banks evaluate the repayment period of mortgage loans for borrowers, they first take their age as the basis. Generally speaking, under the premise of meeting the loan conditions, the younger the age, the longer the loan period, and the older the age, the shorter the loan period. Under normal circumstances, "the lender's age loan period does not exceed 65 years" is the loan period that the bank can handle for it. 2. Loan Age When a lender purchases a property, the "age" of the purchased property will determine how many years it can borrow. According to the regulations of the bank, it is easier to get a loan for a property with a newer room. For example, the second-hand houses with a construction period of 10 years have good conditions in all aspects, and banks are willing to speed up the approval of housing loans with this period. However, in the 1970s and 1980s, second-hand houses were relatively old, and the loan risks controlled by banks were relatively high, so banks were very cautious in approving loans for such houses. 3. The economic ability of the loan applicant On the other hand, for the applicant who buys a house with a loan, work income, job stability, savings deposits, assets, etc. are also factors that the bank considers, and they are also factors that measure the application time of their loan years. Borrowers with strong economic strength can consider loan schemes with short loan life and certain repayment pressure. For example, 70% 10 or 15, or even 60% to 50% loan scheme. Borrowers with poor economic strength should pay attention to whether their economic conditions allow them to bear greater repayment pressure. If the bank's reputation and qualifications are good, such people may get loans as high as 80% to 20 years.
Four, just a month after divorce, how long can I get a loan to buy a house after divorce?
It usually takes more than 3 months to buy a house with a divorce loan, depending on the relevant regulations of the bank. Due to the implementation of the purchase restriction policy, for divorced people who apply for the first home loan, banks mostly adopt the rule that they will not lend money until after divorce 1 year, so as to avoid the loophole of defrauding the qualification of buying a house. Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC) stipulates that if a husband and wife divorce voluntarily, they should 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 the will of both parties to divorce voluntarily 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. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce.