Legal analysis: divorce provident fund loans, during the marriage, the purchase of real estate with the same real estate, handling the public, loans belong to the same debt. Reach an agreement from sharing. If the agreement fails, it shall be settled through litigation and divorce. If it is determined that the property belongs to one party, the other party shall enjoy corresponding compensation and write down the personal debt of one party. One spouse repays the first marriage with personal property, the other repays the loan with joint property of husband and wife, and the property is registered in the name of the down payment person. If the real estate is reached by both parties at the time of divorce, and one party is registered in the People's Law, the outstanding loan is not a person's debt. After marriage, both parties shall, in accordance with the provisions of the Civil Code of People's Republic of China (PRC), go to the corresponding real estate appreciation department for real estate registration.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1076 If a husband and wife divorce voluntarily, they shall 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 willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the husband and wife requests a divorce, the relevant organization may mediate or directly bring a lawsuit. When trying divorce cases, people should be divided. If mediation fails, divorce should be granted. In any of the following circumstances, if mediation is invalid, it shall be
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(D) Because of emotional disharmony
(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 ruled that divorce was not allowed, the two parties separated for another year, and one party filed for divorce again.
Second, what about the provident fund loan after divorce?
Thank you for your invitation. Yes, the name of the property right can only be changed after it is paid off. The Housing Authority won't accept the name change until you pay it off. Moreover, the provident fund loan is actually a limit for two people and cannot be transferred to one person. Moreover, banks or provident fund centers will not easily change the main lenders. It is best to change the name of the property right before the divorce, because only a part of the handling fee is charged for changing the name of the marital property. After divorce, other taxes may be involved. Therefore, it is suggested to rename the marital property, hoping to do so.
3. What about the provident fund loan after divorce?
How to repay the joint housing provident fund depends on your attitude towards housing ownership: if both of you claim that the house belongs to you, the bidding procedure will be implemented-the highest bidder will get the housing ownership and repay the provident fund loan; If only one of you claims house ownership, the claimant will get the house and repay the provident fund loan; If neither of you wants a house, you can entrust an auction company to auction the house in accordance with the provisions of the Auction Law, and use the proceeds from the auction to repay the outstanding housing provident fund loan.
4. Housing provident fund loans after divorce?
Legal analysis: after the divorce of husband and wife, the division of provident fund loans: when the two sides can't reach an agreement on the value and ownership of the house in the same property of husband and wife, the people will deal with it as follows: 1 If both parties claim the ownership of the house and agree to bid, it should be allowed. 2. If one party claims the ownership of the house, the appraisal institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation.
Legal basis: Regulations on the Management of Housing Provident Fund
Article 5 The housing accumulation fund shall be used for the purchase, construction, renovation and overhaul of self-occupied housing by employees, and no unit or individual may use it for other purposes.
Article 16 The monthly deposit amount of employee housing provident fund shall be the average monthly salary of the employee in the previous year multiplied by the deposit ratio of employee housing provident fund.
The monthly deposit amount of housing provident fund paid by the unit for employees is the average monthly salary of employees in the previous year multiplied by the proportion of housing provident fund paid by the unit.
Twenty-fourth employees in any of the following circumstances, you can withdraw the balance of storage in the employee housing provident fund account:
(a) the purchase, construction, renovation and overhaul of owner-occupied housing;
(2) retirement;
(three) completely lose the ability to work, and terminate the labor relationship with the unit;
(4) Having left the country to settle down;
(5) Repaying the principal and interest of the house purchase loan;
(six) the rent exceeds the prescribed proportion of family wage income.
In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time.
If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund.