After a couple gets a loan together and gets divorced, can one party still get a loan?
If a couple gets divorced after taking out a loan together, one party can still take out a loan. The conditions for applying for a loan from a bank are that you must be a person with full capacity for civil conduct, a stable professional income, good credit, etc. If you meet the above conditions, you can get a loan after divorce. As for whether the loan is a joint debt during the pre-marital relationship, if the husband and wife take out the loan together and the loan is used for the husband and wife to live together, or if the husband and wife both sign the loan and one spouse takes the loan and the other spouse ratifies it, then the loan is Husband and wife share the same debt. After the couple divorces, if there is an agreement on the repayment of the joint debts, the agreement shall be followed; if there is no agreement, the joint debts of the husband and wife shall be repaid according to the joint debts of the husband and wife. Creditors can seek compensation from both spouses or one party, and one party has the right to require the other party to repay the share they bear.
Depending on your specific situation, you can get a loan together as a couple before the divorce. You can also get a loan after the divorce. The requirements for a bank loan are that the lender has full capacity for civil conduct, stable professional income, good credit, and Your bank may require a mortgage or pledge, so whether you can get another loan has nothing to do with whether you are divorced or whether you had a loan before the divorce.
After the divorce, you can agree on the repayment method of the previous loan, whether it will be borne by one party or both parties, the share ratio, etc. After the divorce, you can still get a loan from the bank. If the loan repayment situation before divorce is not clearly agreed upon or there is no agreement, causing you to fall into debts, it is very likely that your credit will be damaged and you will be unable to get another loan.
Article 1064 of the "Civil Code": Debts incurred by both spouses with the same signature or with subsequent ratification by one spouse, etc., as well as debts incurred by one spouse in the marriage relationship Debts borne in individual names for the daily needs of the family during the period of existence are joint debts of husband and wife.
Debts borne by one spouse in his or her own name during the marriage, which exceed the daily needs of the family, are not joint debts of the couple; however, the creditor can prove that the debt is used for the joint purpose of the couple. Exceptions include life, sex, production and operation, or based on the consent of both spouses.
Article 1089 of the "Civil Code": Upon divorce, the husband and wife's joint debts shall be repaid jointly. If the property of both parties is insufficient to repay the debt or the property belongs to each other, the repayment shall be settled by agreement between the two parties; if the agreement fails, the people's judgment shall be made.
Article 668 of the Civil Code: A loan contract shall be in writing, unless otherwise agreed on a loan between natural persons. The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Will getting divorced during the period of applying for a bank loan have any impact on the loan?
The conditions for applying for a personal loan: first, be over 25 years old and have full capacity for civil conduct; and be in China Have permanent residence or valid residence certificate in the country. Second, having a fixed occupation or stable economic income can guarantee the ability to repay principal and interest on time. Third, the credit record is good and there is no bad credit record. Fourth, it must be able to provide legal and effective guarantees recognized by banks. Fifth, other conditions specified by the bank. Generally, if you meet the above conditions, you can apply for a loan from a commercial bank. To sum up, divorce will not affect your loan. If you purchase a house with a mortgage during the marriage, according to Article 41 of the Marriage Law, upon divorce, the debts originally incurred by the husband and wife while living together shall be repaid jointly. If the property of the two parties is insufficient to repay the debt, or if the property belongs to each other, the repayment shall be settled by agreement between the two parties; if agreement cannot be reached, the people's judgment shall be made. Legal basis: Article 41 of the "Marriage Law of the People's Republic of China" When divorcing, the debts originally incurred by the husband and wife while living together shall be repaid jointly. If the property of the two parties is insufficient to repay the debt, or if the property belongs to each other, the repayment shall be settled by agreement between the two parties; if agreement cannot be reached, the people's judgment shall be made.
After paying the down payment, can I continue to get a loan even if the bank fails to get an interview for approval?
After paying the down payment, can the bank continue to get a loan even if the bank fails to get an interview for approval? When divorcing, you need to prepare a divorce certificate or judgment, and you can apply for a second mortgage loan for the mortgaged house.
The process of applying for a second mortgage loan: 1. With the consent of the bank, the seller and the buyer conduct a real estate transaction and sign a purchase contract or letter of intent; 2. Apply for a loan to the bank and submit relevant information; 3. The bank conducts a credit review on the borrower After investigation and review, the borrower will be notified of the review results; 4. The borrower entrusts the bank to handle real estate transaction transfer, mortgage registration, real estate insurance and other procedures with the seller; 5. After the bank obtains the "Other Rights Certificate for Land and House", it transfers the loan funds to The seller’s mortgage loan account and related accounts at the original loan outlet.
Article 675 of the "People's Republic of China and Civil Code" The borrower shall repay the loan within the agreed time limit. If there is no agreement on the loan period or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; the lender may urge the borrower to return it within a reasonable period of time.