(1) The property purchased by both husband and wife with the same loan belongs to the joint property of both husband and wife, so the outstanding loan also belongs to the joint debt of both husband and wife, so both parties should bear the repayment obligation. (2) If the relationship between the two people does break down and divorce, the debt still needs to be repaid by both husband and wife. However, if the husband and wife negotiate, 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 its 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 can recover from the other party.

legal ground

Article 1064 of the Civil Code of People's Republic of China (PRC) * * * Debts owed by husband and wife * * * If one party signs or ratifies the debt in the same way afterwards, the debts incurred by one party in his own name for the needs of family daily life during the marriage relationship belong to the same debt of husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

How to deal with mortgage after divorce?

After the divorce, the husband and wife can make an agreement on the mortgage repayment, and negotiate to decide whether one party will repay or both parties will continue to repay. If both parties decide to repay, they can also set the repayment share through agreement. If the house is decided to be owned by one party after divorce, the other party, who is the same as the lender, can make a request to change the lender of the house and apply to cancel its obligation to repay the mortgage. Article 1087th of the Civil Code stipulates that at the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

What about the mortgage after divorce?

Nowadays, with the rapid development of social economy, many people have a fast pace of life and the probability of divorce is increasing. However, in the eyes of many people, how to deal with the mortgage reform after divorce is a headache, but this problem is also a problem that people often encounter in their daily lives. So, what about the mortgage after divorce? Let me introduce several treatment methods.

According to the laws of our country, if one of the spouses buys a house in his own name during the existence of the relationship between husband and wife, the mortgage debt shall be borne by both spouses. If two people break up and divorce, the debt still needs to be paid 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. Then you need to transfer ownership.

According to the relevant provisions of China's property law and other laws, houses can only be transferred without legal disputes, unplanned demolition and mortgage. So generally speaking, the transfer must first pay off the bank loan.

The transfer situation can be divided into the following three types:

1, which is to transfer the mortgaged house owned by both divorced parties to the original husband and wife.

In this case, the divorced parties need to register the ownership of the divorced house, change the name registration of both parties to the original husband and wife, and the transfer party will continue to pay the mortgage according to relevant regulations.

2. Transfer the mortgaged house owned by one divorced party to the other party.

If this is the case, you need to pay off the bank loan. After both parties can go to the notary office to notarize the property, one party will continue to use the original mortgagor's bank card to repay the loan.

3. It is to transfer the mortgaged house shared by both divorced parties to a third person.

In this case, both parties must pay off the bank loan or the third party can pay off the loan for the divorced parties before performing the corresponding transfer procedures.

How to deal with the mortgage after divorce?

If there is a mortgage at the time of divorce, both parties shall handle it through consultation. If the two parties fail to reach an agreement through consultation, and the property is registered in the name of one person, it is decided that the property belongs to the registrant according to law, and the remaining loan belongs to the registrant, and the other party may require the registrant to make corresponding compensation. Article 77 of the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I) In the event of divorce, if both parties have a dispute over the house that has not yet obtained ownership or full ownership, and negotiation fails, the people's court should not judge the ownership of the house, but should judge that it should be used by both parties according to the actual situation. Article 78 If a husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.