Legal analysis: 1. One spouse pays part of the house payment before marriage and repays the loan after marriage, or one spouse repays the loan with personal property. When I divorced, I didn't negotiate. If negotiation fails, it is inappropriate for the people to judge the use of property by the parties according to the actual situation. It is generally believed that one party's premarital property is personal property. If one party goes through the mortgage formalities before marriage and obtains the title certificate, it should belong to the property before marriage.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 394 Where the debtor or a third party mortgaged the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage right in accordance with the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party mentioned in the preceding paragraph is the mortgagor and the creditor is the mortgagee, providing property.
Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land are attached with rights; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may put the preceding paragraph.
Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the time limit for the debtor with secured creditor's rights to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee.
Article 419 The mortgagee sued the principal creditor's rights; If it is not exercised, people will not be protected.
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The above answer is only for the current information combined with my understanding of the law, please refer carefully!
If you still have questions about this question, I suggest you sort out the relevant information.
Second, how to divorce if the house has a mortgage loan?
Legal analysis: There are two ways to deal with mortgage divorce. As follows: 1. If there is an agreement, it shall be handled according to the agreement. If there is no agreement between the two parties, the property shall be owned by the husband and wife, and the same debt is not mortgaged to the bank; 2. If a man and a woman buy a house in the name of both parties after marriage, but the mortgage is in the name of one party, then one party will repay the loan, but it can also be considered that the husband and wife own the same property.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1062 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 labor remuneration; (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.
Article 1063 The following property is the personal property of one spouse: (1) the property of one spouse before marriage; (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.
Warm reminder that the above answer is only for the current information combined with my understanding of the law. Please refer carefully! If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.
3. Both parties mortgaged the house to the bank for signature. Now that the house loan has not been paid off, can the husband and wife divorce? ...
Of course, you can divorce, but you can't change your name immediately when you divide the property. The procedure is more troublesome.
4. Who will repay the mortgage loan of real estate license after divorce?
Yes, the loan was taken during your marriage. So, this debt means that you * * * are divorced, and you can stipulate the division of housing property rights and the division of loan debt. Whoever wants a house will pay off the debt. The relevant judicial interpretation has the following provisions: "When the two parties cannot reach an agreement on the house value and ownership of the same property, the people will deal with it separately according to the following circumstances:
(a) the two sides claim the ownership of the house and agree to bid, which should be allowed;
(two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation;
(three) if neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided. "How to repay the joint loan housing provident fund depends on your attitude towards housing ownership:
If both of you claim that the house belongs to you, you should take the way of bidding-the highest bidder gets the ownership of the house and repays the provident fund loan;
If only one of you claims house ownership, the claimant will get the house and repay the provident fund loan; If neither of you wants a house, you can entrust an auction company to auction the house in accordance with the provisions of the Auction Law, and use the proceeds from the auction to repay the outstanding housing provident fund loan.