Husband and wife can buy a house with separate loans. Both husband and wife need to come forward to buy a house together, because according to the marriage law, after marriage and during the marriage, the house should be shared, and they need to borrow money to buy a house together in the future. You need to submit the information of both parties and go through the loan procedures.

In the specific process, one person can be the main lender and one person can be the sub-lender to jointly repay the loan. The two sides can negotiate how to operate first, but at the bank level, two people are needed. If you want to handle this house in the future, you need two people to handle it together. One can't borrow money or buy or sell privately.

If, after consultation, both parties agree that the house they borrowed belongs to their personal property, they can make an agreement on the ownership of the house. In order to avoid the occurrence of future property, first write a prenuptial agreement and complete the notarization procedure, and the house will belong to personal property.

legal ground

Article 1062 of the Civil Code of People's Republic of China (PRC): The following property acquired by the husband and wife during the marriage relationship is the joint 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) Income from intellectual property rights;

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

(5) Other property that should be jointly owned.

Husband and wife have equal rights to dispose of common property.

Article 1063 of the Civil Code of People's Republic of China (PRC) Personal Property The following property is the personal property of one spouse: (1) the pre-marital property of one spouse; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.

Can couples get separate loans?

The loan for married people depends on the type of loan.

For example, a mortgage is handled by a family, and one of the husband and wife cannot make a separate loan, and both income and credit information must pass. If one party fails to pass the customs, the loan will be refused and both parties have the obligation to repay. After handling the mortgage, the credit reports of both parties show that once the credit information of both parties is overdue, bad records will be generated; For example, if you apply for a credit loan, one spouse can make a separate loan, and the other spouse's personal credit and income will not be referenced. However, if the loan is used for the daily expenses of the family, either spouse is obliged to repay it.

Can I get a loan under the name of husband and wife?

If it is a personal loan, one spouse can still get a loan.

If you want to buy a house with a loan, it will be stricter. Now the down payment is very strict. Loans from either spouse are included in the joint liabilities of the husband and wife. If there is such a loan before mortgage, it will affect mortgage. Generally speaking, as long as there is no problem with household assets and liabilities, the other party can apply for loan business.

Even if the lender has a good credit record, if his spouse fails to repay the loan for many times, the bank will doubt the repayment ability and credit degree of the family and be more cautious when lending.

legal ground

Article 675 of the Civil Code of People's Republic of China (PRC), the borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.

Can a husband and wife get a separate loan?

Can a husband and wife get a separate loan?

Can couples get separate loans? Many young people want to buy a house when they get married. Generally speaking, they have no money to pay the full amount. They all choose to borrow money to buy a house. Some people will ask whether they can get a loan if they take out a loan to buy a house. Can the following shared couples get separate loans?

Can a husband and wife get a separate loan? 1

Can couples get separate loans?

According to the loan regulations of the bank, if the lender wants to apply for various loans, such as car loans, personal consumption loans, decoration loans, education loans, etc. Even if he is married, the lender can borrow money in his own name. However, since the lender is already married, the bank will also check the credit information of his spouse.

If the lender is married and wants to apply for a mortgage loan, there is a high probability that he can't get a loan alone. According to the relevant regulations on buying a house, when applying for a mortgage loan or buying a house, the lender needs to sign a sales contract and transfer the ownership of the transaction. In many places, both husband and wife need to be present.

When registering a house, both parties need to agree. It is best for professional lawyers to draft the agreement and then notarize it. Therefore, when a bank applies for a mortgage loan, one of the husband and wife should be the main lender and the other should bear the same responsibility. If the mortgage is overdue, not only the credit information of the first-tier lender will be damaged, but also the credit information of the second-tier lender will be stained.

When people get married, in the eyes of banks, lenders apply for loans, which is not only the responsibility of individuals, but the responsibility of the whole family. Therefore, many banks will require applicants to provide their spouses' personal credit reports when approving loans.

Can couples get separate loans?

1. Can couples borrow money to buy a house?

1, yes. Both husband and wife need to come forward to buy a house together, because according to the marriage law, after marriage and during the marriage, the house should be shared, and they need to borrow money to buy a house together in the future. You need to submit the information of both parties and go through the loan procedures.

2. In the specific process, one person can be the principal lender and one person can be the secondary lender to jointly repay the loan. The two sides can negotiate how to operate first, but at the bank level, two people are needed. If you want to handle this house in the future, you need two people to handle it together. One can't borrow money or buy or sell privately.

If, after negotiation, both parties agree that the house they bought by loan belongs to their personal property, they can make an agreement on the ownership of the house. In order to avoid property accidents in the future, first write a prenuptial agreement and complete the notarization procedure, and this house will be your own in the future.

Second, what are the precautions for couples to buy a house with a loan?

1 First of all, you need to make a plan. When buying a house, you should negotiate with both parties, taking into account the financial situation at home. If there is a big consumption or job change at home. These need to be considered comprehensively before, to prevent your family life from changing and bringing more pressure after buying a house with a loan.

2. When buying a house with a loan, we need to consider the problems of a first loan and a second loan, and apply for a loan from the bank. One party should be the first lender, and who is the first lender can be determined according to income, age and credit information.

3. When handling the loan formalities, both parties shall be present in person and sign. Only by providing information about two people can we ensure that the procedures for buying a house loan are legal.

Summary: Through the analysis, we can know that a couple can buy a house for two people, and one person cannot apply for a loan, but in the name of two people. In the future, this house will be recognized as common property, which protects the legitimate rights and interests of both parties.

Can couples get separate loans?

Housing loan conditions

1. Property buyers must have valid ID cards, household registration books and other identification certificates;

2. Non-local hukou, you can buy a house in Guangzhou as a family, and you must provide social security or tax bills for three consecutive years (36 months) within five years;

3. Whether it is a new house or a second-hand house, buyers with foreign accounts can only buy one set;

4. The buyer must have a down payment of 30% of the total purchase price;

5. Family members of property buyers must have no record of buying houses in other places;

6. If the property buyer has purchased the house in other places before, he must pay 70% down payment according to the regulations of the second suite, but if the loan of the first suite has been settled, it can still be implemented according to the regulations of the first suite;

7. Property buyers must have good credit, stable income and certain repayment ability;

8. Other conditions stipulated by relevant departments.

Is buying a house after marriage the common property of husband and wife?

(1) If it is common property:

1. If there is no clear agreement between the husband and wife on the house purchased during the marriage, and only one party's name is written on the real estate license, it shall be deemed as the joint property of the husband and wife;

2. If the property right purchased by both parents is registered in the name of one child, the property can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

The house bought is jointly owned by husband and wife. At the time of divorce, if one party wants to have the right to use the house, the evaluation unit will evaluate it and then allocate it to the other party; If both parties want to own a house, they will bid; If neither side wants the house, people will auction it and then allocate it.

Not belonging to common property:

The property purchased by one parent for their children after marriage, whose property right is registered in the name of the investor's children, can only be regarded as a gift to one of their children according to the provisions of the Marriage Law, and the property should be recognized as the personal property of the husband and wife.

Can couples get separate loans?

Usually, the success rate of applying for loans jointly by husband and wife is higher than that of applying separately, because their income is higher than that of individuals, and the possibility of overdue is lower. If one spouse has a record of overdue repayment, can one spouse make a separate loan in 20XX?

It is understood that in 20XX, couples can apply for loans separately, that is, they can only borrow through one party's credit line. Simply put, the bank only considers the repayment ability of the lender and does not consider the income of the other party. This situation is ok, but they may be able to borrow less than two people during the loan process.

According to the regulations, even if one spouse borrows money to buy a house alone, the house belongs to the joint property of the husband and wife. If there is no clear agreement between husband and wife on the house purchased during the marriage, only one person's name is written on the real estate license, which should be regarded as the joint property of husband and wife.