1. After the divorce, one party needs to change the mortgage payer. In this case, it is necessary to determine the procedure for replacing the repayment person according to the provisions of the divorce agreement or the court judgment. Usually, the divorce agreement or judgment will stipulate which party owns the property and which party bears the repayment responsibility of the loan. If one party needs to change the payer, it needs to negotiate with the bank and submit relevant supporting documents, such as divorce agreement or court judgment, real estate license, etc.
Both husband and wife buy real estate, but only one of them has a loan. In this case, if the other party wants to be a mortgage repayment person, it needs to negotiate with the bank and submit relevant supporting documents, such as marriage certificate and real estate license. The bank will decide whether to agree to change the payer according to the repayment ability and credit status of both parties.
3. Both husband and wife * * * purchase real estate, and both parties have loans. In this case, if one party wants to change the payer, it needs to negotiate with the bank and submit relevant supporting documents, such as marriage certificate, real estate license and income certificate. The bank will decide whether to agree to change the payer according to the repayment ability and credit status of both parties.
It should be noted that the replacement of the mortgage repayment person needs to negotiate with the bank and submit relevant supporting documents, and at the same time, it needs to abide by the bank's procedures and regulations. In addition, changing the payer may involve some formalities and taxes, which need to be known in advance. In case of doubt or confusion, it is recommended to consult a professional lawyer or bank staff.
Legal basis:
Article 1062 of the Civil Code of People's Republic of China (PRC) * * * 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.
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