In reality, there are many examples of couples getting divorced because of the house. Generally speaking, most couples have basically torn their faces at the time of divorce, such as the house loan has not been paid off, so how to deal with the divorce house loan? How to deal with the divorce house?
What about the divorce loan house?
1. At the time of divorce, it is difficult to deal with the ownership of the house where the mortgage formalities are handled after marriage, but the house property right is registered in the name of the husband and wife in judicial practice. The main reason is that the judgment changes the property owner, that is, it means changing the lender. If the bank does not go through the formalities of re mortgage, the judgment cannot be enforced. If the house is judged to the nominal Party of non property right registration, which is essentially equivalent to changing the debtor, the consent of the creditor (bank) shall be obtained. If the bank does not agree, the judgment cannot be made.
2. Under normal circumstances, houses purchased with the joint property of husband and wife after marriage, although the property right is registered in the name of one husband and wife, still belong to the joint property of husband and wife, and the mortgaged houses are no exception. If there is no evidence to prove that the house is a mortgage procedure handled with personal property, it shall also be divided according to the joint property of husband and wife at the time of divorce, which is no different from the house in the ordinary sense. There is no theoretical basis for the bank to refuse to go through the formalities of mortgage transfer.
3. On the one hand, we cannot refuse to go through the procedures of re mortgage on the grounds of changing the debtor (nominal repayment person) without the consent of the creditor (bank). According to the above analysis, the actual lender of such cases during the duration of the marriage relationship is the husband and wife, not the nominal property owner or lender on the property right certificate.
4. On the other hand, the judgment of house property right to any party at the time of divorce does not affect the credit interests of the bank, and no one as the nominal person of repayment does not affect the house as the mortgaged property to guarantee the debt. When making a judgment, the court can not only take the credit interests of the bank as the standard to judge the house to the party with strong repayment ability. We should consider the need for housing and still adhere to the principle of protecting the interests of women or caring for the party raising children.
5. According to the principle that the husband and wife shall be jointly and severally liable for the debts during the marriage, the bank may investigate the liability of either party to the divorce. According to the regulations, even if the court distributes the creditor's rights and debts between husband and wife in the divorce judgment or the divorce agreement between husband and wife, it only has internal effect between the parties to the divorce.
What about the divorce house?
After divorce, the value and ownership of the house in the couple's common property shall be determined according to whether they have full ownership of the house. For the property with full ownership, that is, if no other person will claim other rights to the property, the ownership of the property can be determined in the following ways:
1. After negotiation, if one party claims the ownership of the house and the other party abandons the house, the special evaluation institution shall evaluate the value of the house according to the market price. The party who obtains the ownership of the house shall give corresponding compensation to the other party in accordance with the detailed rules for real estate division of the marriage law.
2. When both parties want to obtain the house property but cannot reach an agreement through negotiation, the bidding auction can be adopted. The person with high bid will obtain the house ownership and pay the bid to the other party who fails to obtain the house property as compensation.
3. If both parties want to give up the ownership of the house, they can evaluate and re auction the house according to the application of both parties, and divide the proceeds.
The above is the husband and wife divorce loan room. What should I do? The whole content of how to deal with the divorce house, I hope it will help you, but what Xiaobian hopes most is that everyone will not use it, so that everyone will not divorce. Of course, when necessary, we should try our best to protect our legitimate rights and interests. If we can, we should buy a house before marriage, notarize and agree in the contract.