Current location - Loan Platform Complete Network - Loan intermediary - How to divide provident fund loans between husband and wife after divorce
How to divide provident fund loans between husband and wife after divorce

Legal subjectivity:

After the couple divorces, the division of provident fund loans: When both parties cannot reach an agreement on the value and ownership of the house in the couple’s property, the People’s Court shall base on the following circumstances Handled separately: 1. If both parties claim ownership of the house and agree to bid to obtain it, it should be allowed; 2. If one party claims ownership of the house, the appraisal agency will evaluate the house according to the market price, and the party who obtains the ownership of the house should give the other party corresponding compensation. compensate. Paragraph 1 of Article 1064 of the Civil Code, which took effect on January 1, 2021, stipulates that debts incurred by both spouses with the same consent, such as the signature of both parties or the subsequent ratification by one of the spouses, and Debts borne by one spouse in his or her own name for the daily needs of the family during the marriage relationship are joint debts of the spouses. Legal objectivity:

"Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the People's Republic of China and the Civil Code (I)" Article 25 During the existence of the marriage relationship, the following properties belong to "Other property that shall be owned jointly" as stipulated in Article 1062 of the Civil Code: (1) The income obtained by one party from the investment of personal property; (2) The housing subsidies actually obtained or should be obtained by both men and women , Housing provident fund; (3) The basic pension and bankruptcy resettlement compensation that both men and women actually receive or should receive.