2. If one of the husband and wife can prove that the bank and the loan are clearly agreed as personal debts at the time of the loan, or the loan is not used for family life or production and business activities, or the husband and wife agree that the property belongs to their own, and the bank knows the agreement, the loan of one party belongs to personal debts.
When a husband and wife divorce, the bank loan is handled as follows:
1. If the debts owed by one spouse are used for family life and career, they are * * * debts of husband and wife, and both parties have the obligation to repay them within the scope of husband and wife's property;
2. If the debt of one spouse occurs before marriage, it is also his personal debt, and the other spouse is not liable for repayment;
3. If there is an agreement between husband and wife on the distribution and ownership of property during the marriage relationship, each property belongs to its own and each debt is borne by its own, then one party's debt is not liable for repayment;
4. There is also a situation where one spouse owes money due to personal expenses or illegal activities such as gambling and usury, and the other spouse is not liable for repayment;
5, after marriage in the name of personal debt beyond the scope of family daily life:
(1) Based on the same property of husband and wife as interest management, it is the same debt;
(2) The debts arising from the production and operation matters decided by both husband and wife are * * * *;
(3) If the husband and wife mainly consume, they are * * * liabilities;
(4) If the property of husband and wife is the same, it is the same debt;
6. Consultation between husband and wife;
7. If negotiation fails, the court will make a judgment according to the actual situation.
How to deal with divorce mortgage loan
1, buy a house before marriage and pay the mortgage after marriage.
If one of the husband and wife bought a house before marriage and paid part of the mortgage after marriage, how to divide it when divorced? In this case, the ownership of the house belongs to the buyer before marriage, but the post-marital repayment part and the appreciation part of the post-marital repayment part may require wealth as the division of husband and wife.
2. If you buy a house after marriage, you have to pay the mortgage.
In this case, as husband and wife, the house is divided into wealth. Generally, whoever owns this property will return the bank mortgage loan, but in the court's judgment, the interest on the mortgage loan is not calculated, although interest will actually occur.
3. Apply for a mortgage in the name of one party after marriage.
The property purchased by a man and a woman in the names of both parties after marriage is mortgaged in the name of one party, and the loan is repaid by one party, which should also be recognized as the joint property of husband and wife. As long as the house acquired during the existence of husband and wife, if there is no special agreement, whether it is registered in the names of both parties or one party, it belongs to the joint property of husband and wife.
4. Buy a house with personal wealth before marriage.
In this case, the house is still treated as the same property as the husband and wife, but the amount of personal property before buying the house must be deducted before disposal.
To sum up, it is Bian Xiao's relevant answer about how to deal with loans during marriage and divorce, hoping to help you.
Legal basis:
Article 1064 of the Civil Code of People's Republic of China (PRC)
The debts incurred by both husband and wife after the same signature or ratification by one party, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.