After the couple get married, in order to improve their lives, many couples will borrow money to buy a house together. How will the husband and wife loan bank reply? Is this a two person loan or a one person loan.
If there is no special requirement for the house property certificate, it is written in the name of one person. Although the mortgage information is owned by both husband and wife, the house property certificate still writes the name of one person by default. However, if you are not confident, you can apply to the Housing Administration Bureau to add your name. However, according to the relevant provisions of the latest marriage law, the house bought after marriage belongs to the common property of both husband and wife, It has nothing to do with whose name is written on the real estate certificate.
The ownership of houses bought by means of mortgage loans is special. During the duration of the marriage relationship, both parties repay the principal and interest of the bank loan with their common income, so they can only determine that the existing value of the house belongs to the husband and wife.
For the separation of house property rights, in practice, the division of husband and wife's common property should be equally divided in principle. According to the actual needs of production and life and the source of property, both parties shall deal with it by agreement.
1、 What materials should couples prepare to buy a house with a joint loan
1. ID card
2. Household register
3. Proof of income
4. House purchase contract
5. Marriage certificate
6. Down payment receipt
2、 Precautions in the process of handling husband and wife joint loan to buy a house
1. Both parties present in person
In the process of buying a house, many signing processes are involved, such as signing a sales contract, applying for housing loan and transaction transfer, which requires both husband and wife to be present at the same time. Under normal circumstances, when buying a house together, the names of two people shall be stated on the house property certificate, and both parties shall be present in person; If one party is unable to go through the formalities at the scene, it must go through the notarization authorization and entrustment formalities.
2. Both parties shall be present in person to apply for housing loan
In addition to signing the real estate sales contract, both parties need to be present in person when applying for housing loan and handling the transfer procedures. When applying for a house loan, sometimes they will jointly apply in the name of husband and wife. Therefore, the bank needs to examine the qualifications of the two at the same time, and they must also sign when going through relevant procedures.
3. The transfer requires both parties to be present in person
When handling the transfer procedures, it is required to be present at the same time in principle, because according to the property law, whether the house property jointly purchased by husband and wife is jointly owned or shared by shares needs to be reflected in the sales contract and then specified on the house property certificate. Therefore, both parties need to be present and sign for confirmation. However, if you cannot be present, you must also go through the notarization and collection entrustment procedures and explain the relevant matters.
3、 Advantages of husband and wife's joint loan to buy a house
The main reason is to expand the amount of loans. At present, many banks require that the monthly repayment amount should not exceed half of the lender's monthly income when approving housing loans.
Another factor worthy of attention is, of course, the housing provident fund. When couples apply for housing loans together, they can increase the amount of provident fund loans. Compared with commercial housing loans, the interest rate of provident fund loans is 1.07 percentage points lower. When couples jointly apply for housing loans, the proportion of provident fund loans that can be used increases, and the interest that needs to be paid for housing loans will naturally decrease.
4、 Husband and wife who is the 'main lender' is particular
Insiders of the bank said that 'main loan' and 'participation in loan' are not standard terms. In the bank's housing loan contract, generally only one of the husband and wife is set as a 'lender', and the other can be used as a 'joint lender'. For the 'co lender', it is required not only to be the immediate family members (husband and wife, children and parents) of the 'lender', but also to be one of the owners of the real estate mortgaged by the housing loan. However, this article is an exception for couples. Even if there is only one husband and wife's name on the real estate certificate, the other party can also be used as a 'co lender' of housing loans. However, the detailed rules involved in housing loans are also worthy of careful speculation by many couples. Comprehensive housing mortgage insurance is one of them. However, a closer look at the insurance terms, we can see that the loan repayment insurance liability insurance only protects the accident or disability of the 'main lender'.
When signing the housing loan contract, banks require the lender to purchase a comprehensive housing mortgage insurance, which covers two aspects:
1. Property damage insurance
In case of property loss within the specified scope of the mortgaged property, such as fire, storm, collapse, etc., the insurance company will bear the property loss;
2. Loan repayment guarantee liability insurance
If the lender is killed or disabled due to an accident, the insurance company will also bear the remaining loan repayment liability.
Therefore, when choosing the main lender, we must choose the top pillar of the family as the main lender, so that in case of an accident, the insurance company can bear the remaining loan.
5、 Who will bear the debt after divorce
Without your own name on the loan contract, you don't have to bear the debt repayment obligation? The answer is clearly no. Just as the property acquired by married couples belongs to common property, their debts after marriage are also common debts.
Whether the 'main lender' or not and whether he has jointly applied for a housing loan, he has the obligation to repay the housing loan. Only when the house property is determined to be owned by the party after divorce can one party put forward the request to change the housing lender and relieve itself of the obligation to repay the loan. If he unilaterally believes that he has not participated in the loan contract, he does not have to continue to perform his debt repayment obligation, which is undoubtedly his misunderstanding of housing loan.
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