Current location - Loan Platform Complete Network - Loan consultation - How do the main lender and the sub-lender repay after divorce?
How do the main lender and the sub-lender repay after divorce?
Legal analysis: First of all, it is clear that the real right, whether the name of one party or the name of both parties, is the same property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not according to the original purchase contract amount. Third, distinguish the equity part from the debt part. If there is no special agreement, the property purchased by the loan after marriage shall belong to the joint property of the husband and wife, and shall be divided equally at the time of divorce. It should be noted that whether an individual pays the house price or both husband and wife jointly pay the house price, whether one party repays the loan or both parties jointly repay the loan, it will not affect the formation of the same property of the house.

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 spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(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;

(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 is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.