Legal analysis: No, if a couple owns the same property, one party cannot take a mortgage. If the property belongs to one party, the owner of the house can unilaterally take a mortgage. Real estate mortgage loans refer to RMB loans in which the borrower uses the purchased commodity house as collateral, and the loan bank provides the borrower with a package of financial services to meet his various needs such as purchasing housing, parking spaces, large-scale durable consumer goods, cars, and home decoration.
Legal basis: Article 1064 of the "People's Liberation Army and Civil Code of the People's Republic of China" Debts, as well as debts borne by one spouse in his own name for the daily needs of the family during the marriage, are joint debts of the couple. Debts borne by one spouse in his or her own name beyond the daily needs of the family during the marriage are not joint debts of the couple; however, the creditor can prove that the debts are used for the couple's daily life and production. Exceptions are made for business operations or based on the consent of both spouses.