The ownership of the house purchased by mortgage loan is special. During the marriage relationship, both parties repay the principal and interest of the bank loan with the same income, so it can only be assumed that the existing value of the house belongs to both husband and wife. For the division of housing property rights, in practice, the division of husband and wife property should be equally divided in principle. According to the actual needs of production and life, the source of property, etc. , handled by both parties through consultation. "At the time of divorce, the two parties have disputes over the house that has not yet obtained ownership or full ownership. If negotiation fails, the people's court will decide that the ownership of the house is improper, and it should be decided to use it jointly by both parties according to the actual situation." However, two situations should be treated differently: first, before marriage, one of the husband and wife has paid the house price before marriage, so the house must be the personal property of the husband and wife before marriage. Second, the mortgage loan to repay the house after marriage is paid by both parties, which belongs to the common property of both parties and is divided according to the mortgage amount. Mortgage loan refers to the loan business carried out by mortgage. It usually takes 1-2 weeks to release the loan. It takes 15 working days for individuals to apply for provident fund loans, and 10 working days for loan approval and mortgage; Generally, portfolio loans range from 15 working days to 1 month; The approval time of general commercial loans is about 5-7 working days after face-to-face signing, and all documents are complete. The correct name of bank mortgage is house mortgage loan, and the process is as follows. If buyers want to get mortgage services, they should focus on this aspect when choosing real estate. (2) apply for a mortgage loan. After confirming that the property you choose has bank mortgage support, prepare relevant legal documents and fill in the mortgage loan application form. (3) Bank audit. After the bank accepts the loan application of the buyers, it will review the qualifications of the buyers. (4) signing a house purchase contract. After receiving the mortgage application and relevant legal documents submitted by the buyers, the bank will send the loan consent notice or mortgage loan commitment letter to the buyers after confirming that the buyers meet the mortgage loan conditions. (5) signing a house mortgage contract. After signing the house purchase contract and obtaining the payment voucher, the purchaser signs the house mortgage loan contract with the developer and the bank with the relevant legal documents stipulated by the bank, stipulating the rights and obligations such as the mortgage loan amount, service life, interest rate and repayment method. (6) mortgage registration and insurance. (7) Opening a special repayment account.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 1062
The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.