Therefore, the debt arising from the housing loan is also the same debt of the husband and wife, which needs to be repaid by the husband and wife together, so of course it needs to be signed by both parties. Generally speaking, if you buy a house with a loan after marriage, no matter whether the buyer is husband and wife or both parties, you must sign a loan contract.
According to the latest marriage law, unless otherwise specified, a person who buys a house after marriage generally belongs to one of the husband and wife. Even if only the name of the husband or wife is registered on the real estate license, it does not affect the determination that the house is the joint property of husband and wife.
Therefore, the debt arising from the housing loan is also the same debt of the husband and wife, which needs to be repaid by the husband and wife together, so of course it needs to be signed by both parties. Generally speaking, if you buy a house with a loan after marriage, no matter whether the buyer is husband and wife or both parties, you must sign a loan contract.
For the part repaid later, it belongs to the joint property of husband and wife. Even if it is only registered in the husband's name, the husband is repaying the loan, because this part is still the property of the husband and wife during the marriage. After the divorce, the repaid property can still be divided according to law.
Buying a house after marriage is no longer a matter for one person, not only involving two people, but also affecting two families. It is suggested that the couple negotiate the relevant matters of the house before deciding to buy a house, so that whoever signed the name and wrote the house book will no longer be the content of the quarrel.
Precautions:
1. If the buyer of the house purchase contract is husband and wife, both parties must sign it at the same time, and then two real estate licenses will be issued. This is called * * * owning * * real estate.
2. If the buyer of the house purchase contract is a husband and wife, then the signature of the buyer is enough, and the signature of the spouse is not required.
3. if you buy a house with a loan, you must sign a loan contract regardless of whether the buyer is a husband and wife or both parties.
There are four aspects that couples need to pay special attention to when buying a house. Such as contract signing, mortgage application, transaction transfer, etc., both husband and wife need to be present. In addition, couples also need to study in advance when preparing documents and applying for a mortgage.
Article 1062 of the Civil Code: The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to both 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.