1. What should I do if there is a loan in the divorce agreement?

Negotiate by myself. The bank only wants you to pay back the money, no matter who pays it back.

2. What should I do if there is a mortgage in the divorce?

1 If the mortgage in the house has not been paid off when the husband and wife divorce, it can be stipulated in the divorce agreement that one or both of them will continue to repay the mortgage. After the divorce certificate is issued according to the divorce agreement, the agreement in the divorce agreement will take effect and have legal effect.

2 when both parties divorce, they can negotiate on the ownership of the house. The house belongs to the husband and wife, and the house belongs to one party at the time of divorce, and the other party will continue to repay the loan, and compensate the other party for the down payment and the repayment after marriage, as well as half of the value-added of this part.

The house that couples who buy a house with a marriage loan want to divide when they divorce is very different from ordinary property. It is a loan house, which does not entirely belong to the couple, and there are also bank rights and interests in it.

according to the relevant regulations of the higher people, the ownership of the property that has not been acquired shall not be directly pronounced, that is to say, the rights and interests of the bank will not be thrown away and the house will be awarded to a certain party as ordinary property.

This means that before the loan is repaid, the house can't be divided for the time being, and no one can obtain the ownership of the house.

legally speaking, the ownership of this house is flawed now. In the meantime, there is the interest of the bank, because it is unpredictable whether the couple who bought the house by loan can pay off the loan in full as agreed, so it cannot be said that the ownership of the house here belongs to them.

There is a term in the law called other rights of the house. For couples who buy a house by marriage loan, they can only enjoy the ownership of the house after the other rights of the house are removed, that is, the loan is repaid. At this time, the ownership of the house can be judged.

for the house purchased by loan, the loan is the same debt for the husband and wife. Divorce caused by emotional breakdown is the most nerve-racking thing, because it is very troublesome to solve. It is better that both parties can solve it through consultation.

the house is used by one party, and the corresponding loan repayment should also be borne by this party. The loss of the other party will be settled by both parties through negotiation and payment of money. Later, all the results form a written agreement, signed by both parties, and notarized by the notary office. However, no matter who owns it, all he has now is a right to use it.

this situation is the most unfavorable for banks. Because the ability of two people to repay loans will definitely be stronger than that of one person, which invisibly increases the risk of banks. Not only that, it will also cause some trouble.

When the divorce parties reached this agreement, the bank was not present and probably didn't know. The bank asked the man for a loan according to the contract, but it is very likely that the loan has been transferred to the woman, which has caused a lot of trouble to the bank.

What are the ways to divide the real estate during divorce?

After divorce, the value and ownership of the house in the same property of husband and wife should be decided according to whether they have full ownership of the real estate.

For a property with full ownership, that is, no one else will claim other rights to the property, the ownership of the property can be determined in the following ways:

1. If one party claims the ownership of the property and the other party abandons the property through negotiation, the special appraisal institution will evaluate the value of the house according to the market price, and the party who obtains the ownership of the house should give the other party corresponding compensation according to the detailed rules of property division in the Marriage Law.

2. House appreciation. If both parties want to acquire the house property but cannot reach an agreement through negotiation, they can adopt the way of auction by bidding, and the person with the highest bid will acquire the house ownership and pay the bid to the other party who fails to acquire the house property as compensation.

3. If both parties want to give up the ownership of the house, they can re-auction the house according to the application of both parties and divide the proceeds.

Third, how to write a divorce agreement with a loan

Legal analysis: 1. Before marriage, one of the husband and wife bought a house with personal property and mortgaged the loan. Before marriage, they applied for the property ownership certificate of the husband and wife, and after marriage, both parties repaid the loan. In this case, the house is the personal property of one party, and the spouse who participates in the repayment of the loan has the right to return it in part. What needs to be clear here is that * * * with the loan repayment, no matter whether it is used by one party, should be considered as * * * with the loan repayment. Therefore, at any time, the party who repays the loan may request the other party to return the house payment. For the appreciation of the house, you can also request compensation.

2. The husband buys a house and mortgages the loan. After marriage, both parties. In this case, the mortgaged house is the personal property of one party before marriage and will not be divided at the time of divorce. Because before marriage, one party bought and merged mortgage to buy a house with personal property, and after marriage, it obtained the same property that does not belong to the husband and wife. If only because the property right certificate is obtained after marriage, it is considered that the husband and wife have the same property, there will be a phenomenon that one party has no capital contribution at all but becomes the owner of the house just because of marriage. This result is

3. When the husband and wife buy a house with * * * property before marriage and mortgage the loan, and they repay the loan with * * * after marriage, and get the real estate license before marriage, when we determine who the house belongs to, it is very easy to be considered as the registrar's claim that the house is * * * property. First, we must prove that we have fulfilled the investment obligation for buying the house before marriage; Under the premise that the purchased house is recognized as owned by * * *. If the corresponding evidence cannot be provided, the property will be recognized as the property of one party, and it will not be divided when it is divided

4. Before marriage, one parent of the husband and wife participates in the provisions of the investment law. Before the husband and wife get married, if the parents contribute to the purchase of the house for both parties, the investor will give it to them, unless the parents expressly give it to both parties. Therefore, before marriage, parents invested in buying a house, and after marriage, * * * repaying the loan does not affect the ownership of the house. At this time, when the divorced mortgage house is divided, it does not participate in the division and only belongs to one party.

legal basis: when the Chinese people marry their nationals, the husband and wife should pay the debts together. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it shall be decided by the people.

4. Both houses have loans. What should I do if my husband and wife are divorced and owe money to others?

Both houses have loans, and the husband and wife are divorced. This house must be divided, and the debts should also be divided. How can we talk about divorce without division? Before the divorce, these problems must be clearly divided, and those who have debts should be paid back. This should be agreed in the divorce agreement. Only when the two sides communicate clearly, who will pay back?