If you want to buy a house with a personal loan after marriage, the most important thing is to clarify the division of property rights. The process of buying a house is complicated, including signing a sales contract, applying for a housing loan, and transferring ownership. In addition to signing a real estate sales contract, both husband and wife need to be present at the same time.
Legal analysis: 1. If you want to buy a house with a personal loan after marriage, the most important thing is to clarify the division of property rights. The process of buying a house is complicated, including signing a sales contract, applying for a housing loan, and transferring ownership. In addition to signing a real estate sales contract, both husband and wife need to be present at the same time. When applying for a housing loan and going through the formalities, both parties need to be present in person.
2. If the registration belongs to personal property, both parties need to agree to submit it to a professional lawyer to draft an agreement and then notarize it. Both parties need to be present and sign for confirmation. But can not be present, must go through the formalities of notarization and collection, and explain the relevant matters clearly.
3. In another case, parents can borrow money to buy a house, that is, buy a house in the name of parents' contribution. In this case, they can also be regarded as personal property.
Second, what are the conditions for husband and wife loans?
1. Proof of stable income and stable income source: bank statement, labor contract, etc.
2. Personal credit record is good.
3.*** The lender must be the spouse or parents of the borrower.
4.*** The sum of the monthly income of the lender and the borrower is more than twice the monthly repayment amount.
5. Can provide personal identification: ID card, residence permit, household registration book, marriage certificate and other related materials.
6 must meet the same loan conditions as the borrower, such as continuous deposit of housing provident fund for not less than 6 months; There is no housing provident fund to repay debts, and there are no other outstanding debts that may affect the repayment of housing provident fund loans.
7. Other conditions required by the bank.
In short, couples can apply for housing loans separately, but the process will be more troublesome and the property will be clearly divided. Signing a contract, handling a mortgage, and transferring ownership all need to be handled by both husband and wife. In addition, individuals applying for housing loans should have a stable source of work and income and a good credit record.
Of course, if you want to apply for a husband-and-wife loan, you must also meet the corresponding conditions, otherwise there is no way to smoothly handle the loan procedures.
Legal basis: According to Article 17 of the General Rules for Loans, the borrower applying for a loan should meet the following basic conditions: the products are marketable, the production and operation are profitable, the credit funds have not been misappropriated, and the credit is strictly observed:
(a) has the ability to repay the principal and interest of the loan on schedule, and the original loan interest payable and the loan due have been paid off; If there is no repayment, a repayment plan approved by the lender has been made.
Two, two, except for natural persons and institutions that do not need the approval and registration of the industrial and commercial departments, the industrial and commercial departments shall handle the annual inspection procedures.
3. basic account or general deposit account has been opened.
Four, except for limited liability companies and joint stock limited companies stipulated by the State Council, the accumulated amount of overseas equity investment shall not exceed 50% of its total net assets.
Verb (abbreviation of verb) The borrower's asset-liability ratio meets the requirements of the lender.
Six, to apply for medium and long-term loans, the proportion of new project owners' equity in the total investment required by the project is not less than the proportion of investment project capital stipulated by the state.
Can couples buy a house with separate loans?
Husband and wife can buy a house with separate loans. Both husband and wife need two people to come forward together to buy a house, because according to the marriage law, after marriage and during marriage, the house should be the same. Later, it takes two people to get a loan to buy a house. It is necessary 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, making joint repayment. The two sides can negotiate how to operate first, but at the bank level, two people are needed. To deal with this house in the future, it needs two people to deal with it together. One person can't borrow money or buy or sell it privately.
If, after consultation, both parties agree that the borrowed house belongs to their personal property, they can make an agreement on the ownership of the house. In order to avoid property disputes in the future, write a prenuptial agreement first, and complete the notarization procedure, and the house will be owned by the individual.
legal ground
Article 1062 of the Civil Code of People's Republic of China (PRC) * * * 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 * * *:
Wages, bonuses and labor remuneration;
Income from production, operation and investment;
Intellectual property income;
Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
Other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.
Article 1063 of the Civil Code of People's Republic of China (PRC) * * * Personal property of husband and wife The following property is the personal property of one spouse: the pre-marital property of one spouse; Compensation or compensation obtained by one party for personal injury; Property that belongs to only one party is determined in the will or gift contract; Articles for daily use dedicated by one party; Other property that should belong to one party.
Can couples apply for loans for some properties unilaterally?
One of the husband and wife can't apply for a bank loan with the property owned by the husband and wife, and the bank won't go through the loan formalities, so both husband and wife must apply together.
Do couples have to sign a car loan? Can couples get separate loans to buy a car?
; ? Sometimes, if a man wants to buy a car at will, he will always be rejected by his wife. Many friends actually don't know much about the loan conditions and processes of car loans, and they don't know whether couples can borrow money to buy cars separately. Let's talk about this problem with everyone present!
There are two kinds of car loans for married people, one is that individuals apply for loans to buy a car, and the other is that both husband and wife apply for loans to buy a car. If it is an individual application, it does not need to be signed by both parties. If it is a loan application, both parties need to sign it, and the applicant is the main repayment person.
Secondly, married people also need to provide information such as their spouse's ID card to borrow money. When a married person buys a car, the bank will not only evaluate your personal credit, but also your spouse's credit. Even if your credit is good, if your spouse has credit problems, the bank may still refuse your loan request.
So what conditions do you need to meet to apply for a car loan?
1, age, must be at least 18 years old, and the male must not exceed 65 years old. Female under 60 years old.
At work, you must have a stable job and income. When buying a car, you should consider the monthly repayment pressure. Generally speaking, the monthly repayment of car loans should not exceed half of the salary.
3. In terms of credit, the applicant and his spouse have good credit records. If they have a bad credit record in five years, but they have not repaid on time in the last year or two, the problem will not be too big.
4. Applicants need to provide proof of residence or real estate.
However, we still need to ask our spouse for advice when buying goods like cars. After all, in marriage, men and women have equal status.
In addition, I would like to remind you that even if you don't have a job or a driver's license, you can apply as long as you meet the loan conditions, but you can't pass the examination if you have more online loans, or if your debt exceeds 50% of the car price, and you provide invalid information/forge fake documents.
Can both husband and wife get separate loans?
Now the loan industry is developing rapidly. Now not only banks have loans, but also various loan products can be selected on the Internet. It is said that the property belongs to the husband and wife after marriage, but in reality there will be such a situation, that is, one of the husband and wife buys a house. So, can couples buy a house loan alone? What requirements need to be met?
1. Can couples buy a house with separate loans?
1. Yes, both husband and wife can apply for a loan from the bank. But no matter which party borrows money to buy a house, as long as it is bought during the marriage, it belongs to the same property after marriage. Even if a person's name is written on the real estate license, the lender will still repay the mortgage, but the other half will still have half of the house property rights.
2. If both husband and wife want their property to be independent, they need to sign a legally binding property ownership agreement. In this case, one of them can get all the property rights of the house by repaying the loan alone.
Second, what materials do couples need to prepare for a separate loan to buy a house?
Copy of the original identity certificate of the borrower and spouse and the original household registration book;
Original purchase agreement;
Proof of the applicant's income and related assets, including payroll, personal income tax bill, income certificate issued by the unit, bank deposit certificate, etc. ;
The developer's collection account number;
Credit certificate: including education certificate, other real estate, bank running water, large deposit certificate, etc.
Can a spouse get a separate decoration loan?
Legal analysis: decoration loan cannot be applied by one spouse. The house is the joint property of husband and wife. When applying for a loan, it is usually necessary for both husband and wife to sign. Neither party can make its own decision on behalf of the other, so it usually needs to sign. This loan is also the debt of both husband and wife, which needs to be repaid by both husband and wife. If something happens after marriage and the husband and wife divorce, then the decoration loan applied by * * * and the husband and wife can also apply to the bank for repayment by one party, and the other party is no longer responsible for repayment. Because the decoration loan handled by the husband and wife is the same debt of both parties, the bank will review the credit information of both husband and wife when handling it. As long as one party's credit is not good, it will affect the approval of decoration loans.
Legal basis: Interim Measures for the Management of Personal Housing Decoration Loans
Article 10 After accepting the loan application, the lender shall appoint investigators to investigate whether the applicant meets the loan conditions according to the prescribed procedures; Verify the authenticity of the identity certificate, right certificate and relevant contracts provided by the applicant; Verify the collateral, pledge and guarantor; Put forward opinions on loan and non-loan, loan amount, term, interest rate and guarantee method.
Article 11 Bank examiners shall examine the investigation reports and relevant materials and documents provided by investigators, and put forward examination opinions.
Twelfth loans should be approved by the bank owner on the basis of investigation and review.
Article 13 Where a lender agrees to a loan, it shall sign a personal housing renovation loan contract with the borrower in accordance with the provisions of the General Rules for Loans. At the same time, according to the relevant laws and regulations and the Measures for the Administration of Loan Guarantee of Industrial and Commercial Bank of China, the legality and effectiveness of the guarantee were strictly examined, the relevant procedures were handled, and the guarantee contract was signed.
Fourteenth borrowers must invest 30% of their own funds in renovation projects before using loans. According to the renovation progress, with the consent of the lender, the borrower can use the loan by stages. The proportion of cash withdrawn by the borrower shall not exceed 30% of the total loan.