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How to deal with the divorce house loan that has not been repaid

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How to deal with the divorce house loan that has not been repaid


        

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  • 2024-06-14 20:01:43

    If the house property has a loan, it is generally repaid by the party who obtained the house property alone. The specific treatment of the house property is as follows:
    1. If the house property is registered in the name of both parties, both parties can obtain the ownership of the house property by agreement or by suing the court;
    2. If the house property is registered in the name of one party, the court will tend to judge the house property to the registered party, and one party will give corresponding compensation to the other party.
    For the amount paid and the corresponding property value, the husband and wife should sign a real estate sales contract before marriage according to the relevant laws and regulations, pay the down payment with their personal property and loan in the bank, and repay the loan with their joint property after marriage. If the real estate is registered in the name of the down payment payer, the real estate should be handled by both parties through agreement at the time of divorce.
    If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the real estate belongs to the party that has registered the real estate, that the loan that has not been repaid is the personal debt of the party that has registered the real estate, that the two parties jointly repay the payment and the corresponding part of the property value after marriage, and that at the time of divorce, the people's court shall, in accordance with the principles specified in the first paragraph of Article 1087 of the Civil Code, The real estate registration party compensates the other party.
    Must the loan be paid off when the house is de listed?
    yes.
    The name of one person cannot be removed from the house in the loan. If you want to remove the name of one person, you should first settle the bank loan, and then go to the real estate registration management center to change the name.
    The loan has not been paid off, and the property right has been mortgaged to the bank, which does not belong to the property right for the time being, and has no right to change the name of the housing property owner.
    To sum up, if the property has a loan, it is generally paid by the party who obtained the property alone. Do you understand?
    In Article 78 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China Marriage and Family Code (I), if one of the spouses signs a real estate sales contract before marriage, pays the down payment with personal property and loans in the bank, and pays off the loan with the couple's joint property after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce.
    If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the real estate belongs to the party that has registered the real estate, that the loan that has not been repaid is the personal debt of the party that has registered the real estate, that the two parties jointly repay the payment and the corresponding part of the property value after marriage, and that at the time of divorce, the people's court shall, in accordance with the principles specified in the first paragraph of Article 1087 of the Civil Code, The real estate registration party compensates the other party.

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