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After a friend's divorce, the mortgage has not been paid off, and the house has been given to his ex-wife, but the friend's provident fund is still paying the mortgage. How can we stop it?
First, after a friend divorced, the mortgage was not paid off, and the house was given to his ex-wife, but the friend's provident fund was still paying the mortgage. How can I stop?

After the divorce, the house is the premise without a loan! Therefore, we must pay back 300,000 yuan first, and then merge all the properties to the woman, and the man's loan will be gone! Did not go through the merger formalities.

2. Can one party cancel the loan after the divorce of housing provident fund?

1. You can withdraw the provident fund for repayment after divorce. During the relationship between husband and wife, both parties use provident fund loans. After the divorce, if the house is owned by one of the parties, after going through the formalities of changing the borrower, you can withdraw the provident fund for repayment.

2. Article 1089 of the Civil Code of People's Republic of China (PRC) * * * In case of divorce, the husband and wife shall jointly pay off their debts. * * * 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 is up to the people to decide.

Article 1064 The debts incurred by both husband and wife for the same signature or by one party afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.

Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

3. Husband and wife have provident fund loans. Can they cancel the provident fund after divorce?

Can't cancel, because the housing loan has not been paid off, and the property right is mortgaged to the bank, not yours. You have no right to change the name of the property owner or the name of the lender.

After you need to raise money to pay off the loan, you can transfer the property right of the house to one party. If you get the house, you can agree to give the other party appropriate compensation.

4. Can the provident fund loan be revoked after the divorce?

The provident fund loan has been completed and cannot be changed or cancelled.

Unless the loan is paid off by raising funds and the real estate license, deed tax certificate and land certificate are all completed, the divorce analysis and property transfer of the house will be handled by one party in accordance with the divorce agreement. At the time of divorce, the property of husband and wife is handled by mutual agreement. If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and take care of the rights and interests of the children and the woman.

Protect the rights and interests of one spouse in the contracted management of family land according to law. Husband and wife agree in writing that the property obtained during the marriage relationship shall be owned by each other. If one party pays more obligations for raising children, caring for the elderly and helping the other party to work, it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation.

Extended data:

Precautions:

The large amount of prepayment cash handled by the provident fund base is suitable for repayment of provident fund (portfolio) loans. If the lender has liquidity on hand, the balance of the provident fund account is insufficient and there is a demand for repayment, this repayment method is recommended.

1. The requested loan was not overdue at that time, and the processing date was not the repayment date.

2. There is no time, frequency and amount limit for cash prepayment.

3. Just deposit the cash into the bank withholding account and bring your ID card to the provident fund base. If an agent is required, the demand agent must bring his valid ID card and the ID card of the main lender.