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How to Divide the Divorce of Husband and Wife Buying a House with Loan

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How to Divide the Divorce of Husband and Wife Buying a House with Loan


        

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  • 2024-06-26 04:01:44

    There are two ways to deal with a couple's house purchase through joint loan during divorce:
    1. If the divorced couple has an agreement in advance, it can be handled according to the agreement in advance;
    2. However, if there is no agreement between the divorced husband and wife, after marriage, the husband and wife have purchased and handled the housing real estate mortgage loan in the name of both parties, the housing property right is registered in the name of an individual or both parties, and the husband and wife will repay the mortgage loan after marriage. If there is no special property distribution agreement between the husband and wife, the house property should belong to the joint property of the husband and wife, and the outstanding house mortgage payment to the bank is a joint debt. If the husband and wife cannot reach an agreement on the ownership of the house during the specific housing division process when they buy a house with joint loans and divorce, they can deal with it according to the provisions of Article 20 of the interpretation of the National Marriage Law, namely:
    1. If both husband and wife claim the ownership of the house and agree to bid, they shall be allowed;
    2. If one of the husband and wife claims the ownership of the house property, since the housing evaluation agency evaluates the house according to the current market price of the house, the husband and wife who have obtained the ownership of the house property shall give corresponding compensation to the other party;
    3. If both husband and wife do not claim the ownership of the house property, the house will be auctioned according to the application of both husband and wife, and the proceeds will be divided. If the house loan of both husband and wife has not been repaid before the divorce, the ownership of the house when the husband and wife buy the house with joint loan can be handled according to the following two situations.
    1. If the husband and wife have not raised money to pay off all the housing loans before divorce, and have already obtained the housing property certificate, they can sell the house to share the money, pay off the raised money, or go through divorce housing property division and transfer the housing to one of the husband and wife.
    2. If the house has not paid off the loan, and the property right of the house is mortgaged to the bank, it does not belong to the husband and wife for the time being. You and your husband have no right to go through the housing division housing property right procedures. You can write the details of the housing division into the divorce agreement of the husband and wife, and then take the divorce agreement of the husband and wife to be notarized, and pay off the loan later, In accordance with the divorce agreement between the husband and wife to divide the housing property rights.

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