Who will pay back the loan after the husband and wife die?
Legal question: If the husband and wife borrow money to buy a house, but the loan is not paid off, and the man dies, who will pay the remaining loan? Can the woman cancel the mortgage directly after asking for a loan? Does it affect housing if the property is not renamed and transferred? Lawyer Liu: When the man dies, the man's property should be used to pay off the debts that should be borne by the husband and wife. The house should be handled by inheritance, and the woman should not monopolize the property. Lawyer Meng: The death of one party involves inheritance. See how many heirs, as spouses, can repay bank loans. This repayment can be used as the property of Party B's spouse .. As for transfer fees, it doesn't affect it, but it can't be bought or sold directly. If you want to buy or sell, you must transfer ownership. Lawyer Zhao: If the woman is the same as the borrower, she has to pay it back, and she can cancel it after paying it off. If you have any legal questions, please call the legal consultation number on the home page and consult with the lawyer online. Related knowledge-acquisition of inheritance rights (1) Basis for acquiring inheritance rights Citizens must have three bases for acquiring inheritance rights: first, legal basis, that is, legal provisions or testator's legal and effective will designation; The second is the factual basis, that is, the decedent dies and the inheritance exists; The third is the identity basis, that is, the legal kinship with the decedent. Among them, the identity foundation is the basic foundation to embody the essence of inheritance right. (2) Inheritance ability Inheritance ability refers to the right ability of citizens as heirs to obtain inheritance rights, that is, the qualification of citizens as heirs to obtain inheritance rights. Any surviving citizen has the ability to inherit. People who have died at the beginning of inheritance (including natural death and declared death) have no ability to inherit. If several people related by blood died in the same event (such as natural disasters and traffic accidents) and the time of death cannot be determined, it is presumed that the person who has no heir dies first. If each deceased has an heir, if several deceased have different generations, it is presumed that the elders died first; Several deceased people were of the same generation, presumed to have died at the same time, and they did not inherit from each other, but were inherited by their respective heirs. There is an exception in the inheritance relationship, that is, the fetus alive at birth also has the ability to inherit. Article 28 of China's "Inheritance Law" stipulates: "When the inheritance is divided, the inheritance share of the fetus shall be retained. The fetus dies at birth, and the reserved share is handled in accordance with legal inheritance. "