The regulation is that to apply for mortgage loan, the housing registrant and his spouse need to go through the formalities together with ID card, household registration book, marriage certificate and real estate license.

It is illegal and invalid if one party mortgages privately. If the mortgage is forged and causes losses to the other party, the injured party may claim its legitimate rights and interests according to law.

2. Do couples have real estate licenses to mortgage loans?

Whether the husband and wife can take the real estate license as collateral depends on the situation:

1. If the house belongs to premarital property, one of the husband and wife can handle it, but only the one who can own the property can handle it;

2. If it is the same property after marriage, it belongs to the same property and has equal right to dispose of it. Disposal requires the consent of the spouse.

If the property is owned by a third party, a statement that the third party agrees to the mortgage loan must be issued at the time of mortgage. In the marriage certificate provided, divorce agreement is required for those who are divorced, and proof that they have not remarried is required after divorce.

Legal basis: Article 062 of People's Republic of China (PRC).

The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:

(1) Wages, bonuses and remuneration for labor services;

(2) Income from production, operation and investment;

(3) Collection of intellectual property rights

(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;

(5) Others that should be returned.

Husband and wife have equal rights to dispose of the same property.

Third, can the husband and wife * * * own the real estate to mortgage the loan?

No, the property jointly owned by husband and wife is the property jointly owned by husband and wife during the existence of the relationship. The so-called duration of the relationship between husband and wife refers to the period from the marriage of one spouse to the death or divorce of one spouse. The property acquired by the husband and wife during this period belongs to the common property of the husband and wife, unless there is an agreement. Husband and wife have equal rights to dispose of all property. The disposal of property by one spouse during the existence of the husband and wife requires the consent of one spouse. If one party wants to use the same property as a mortgage loan, it needs to obtain the consent of the other party. Because husband and wife have equal rights to dispose of the same property, if they want to deal with important property, they need to reach an agreement through consultation. * * * When handling mortgage registration, you need * * * proof that someone agrees to mortgage. If one party disposes of the same property without the consent or knowledge of the other party, but the other party in the transaction is in good faith, one party shall not oppose a bona fide third party on the grounds of disagreement or ignorance. 1. The principles for handling the joint property of husband and wife are as follows: 1. The principle of caring for the rights and interests of children and women; 2. Strengthen the principle of giving priority to mediation; 3, the principle of fairness, not only to consider the facts of the case, but also to consider the actual situation of both parties; 4, the principle of bidding, in the current * * * division of husband and wife and the sharp contradiction between the parties to the property, the people can take the way of bidding to determine the ownership of the property. 2. 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, salary, bonus and labor remuneration; 2. Income from production, operation and investment; 3. Intellectual property income; 4. Inherited or donated property; 5. Other property that should be owned by * * *. In short, if one party wants to use the same property as a mortgage loan, it needs the consent of the other party. Because husband and wife have equal rights to dispose of the same property, if they want to deal with important property, they need to reach an agreement through consultation. * * * When handling mortgage registration, you need * * * proof that someone agrees to mortgage. If one party disposes of the same property without the consent or knowledge of the other party, but the other party in the transaction is in good faith, one party shall not oppose a bona fide third party on the grounds of disagreement or ignorance. In the case of sharp contradictions and fierce disputes between the parties who divide the husband and wife's property, the people can decide the ownership of the property by bidding. According to Article 1092 of the Civil Code of People's Republic of China (PRC), if one of the spouses conceals, transfers, sells, damages or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other party, the joint property of the husband and wife may be divided into less or no shares in divorce. After the divorce, if the other party discovers the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the joint property of husband and wife again.

Four, one of the husband and wife in prison, the other party can use the husband and wife property mortgage?

The property jointly owned by husband and wife belongs to * * * property, and the provisions on the mortgage of * * * property are as follows: Article 54 If an individual mortgages according to his share in * * * property, the mortgage is valid. * * * and * * someone mortgages their * * * property, and the mortgage is invalid without the consent of other * * * people. However, if other * * * people know or should know without raising any objection, it shall be deemed as consent and the mortgage shall be valid. However, the Interpretation of Marriage Law stipulates that husband and wife should make important decisions on the joint property of husband and wife, and they should reach an agreement through equal consultation except for the needs of daily life. Others have reason to believe that it was expressed by both husband and wife, and the other party shall not oppose a bona fide third party on the grounds of disagreement or ignorance. In your case, if there are two names on the real estate license, it is impossible to get a loan unilaterally, because the loan needs to be registered as a mortgage. According to relevant laws and regulations, if there is a house, it must be registered through * * * and * *. Therefore, the normal process should have your consent before the mortgage can be made. If the real estate license is a person's name, in principle, it is agreed by * * * and the property * * *, and it does not rule out that the party registering the name can unilaterally mortgage it.