At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law. 1. First, please go to the bank for relevant information. And apply for personal housing loans with all relevant materials.
2. Then accept the bank's review of you and determine the loan amount.
3. Next, you can apply for a loan contract, and the bank will apply for insurance. Handle the registration and notarization of property right mortgage.
4. The last thing left is the bank loan. The borrower repays the loan every month and cancels the registration after paying off the principal and interest.
After the above procedures and formalities, you can get a new house by mortgage.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.