It depends on the registration status of the real estate certificate, the property agreement between the husband and wife, and the specific requirements of the selected bank or financial institution.
1. Real estate certificate registration and loan signature requirements
The real estate certificate is an important certificate of house ownership, and the property owner registered on it has corresponding rights to the house. When applying for a real estate certificate loan, banks or financial institutions usually require the property owner to sign to confirm the loan. If the names of both spouses are registered on the real estate deed, both spouses usually need to sign. This is because the loan involves the disposal of the joint property of the couple and requires the unanimous expression of the wishes of both parties.
However, if only one party’s name is registered on the real estate certificate, and that party can prove that it has full rights to dispose of the property, then only that party’s signature may be required when applying for a loan. In this case, the bank or financial institution will require the borrower to provide relevant supporting documents to prove its right to dispose of the property.
2. Property Agreement and Loan Signature Requirements
In addition to the property certificate registration, the property agreement between the husband and wife may also affect the loan signature requirements. If both spouses have a clear property agreement and it is confirmed by notarization or legal procedures, then only one party's signature may be required when applying for a loan. In this case, the borrower needs to provide relevant property agreement documents to prove its right to dispose of the property.
It should be noted that even if the couple has a property agreement, if the agreement has not been notarized or confirmed by legal procedures, both parties may still need to sign when applying for a loan. Therefore, when signing a property agreement, it is recommended that both spouses fully understand the relevant legal provisions to ensure the validity of the agreement.
3. Understand the specific requirements of banks and financial institutions
Different banks and financial institutions may have different requirements for real estate certificate loans. Therefore, before applying for a loan, borrowers should learn more about the relevant policies and regulations of the bank or financial institution they choose. This includes loan amounts, interest rates, repayment methods, etc., as well as specific requirements for real estate certificate registration and property agreements.
By understanding these requirements, borrowers can better prepare relevant materials to ensure a smooth loan application. At the same time, application failures or delays caused by ignorance of the regulations can also be avoided.
In summary:
Whether a real estate certificate loan requires the signature of both spouses depends on the registration status of the real estate certificate, the property agreement between the spouses, and the specific requirements of the selected bank or financial institution. Before applying for a loan, borrowers should fully understand the relevant policies and regulations to ensure a smooth application process. At the same time, you should also pay attention to protecting your legitimate rights and interests to avoid losses caused by not understanding the regulations.
Legal basis:
"The People's Republic of China and the Civil Code"
Article 1062:
The following properties acquired by husband and wife during the marriage relationship are the joint property of the husband and wife and shall be owned jointly by the husband and wife:
(1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation, and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Article 1 of this Law. Except for the provisions of Paragraph 3 of Article 1063;
(5) Other property that shall be owned by the contract.
Husband and wife have equal rights to handle the same property.
"The People's Republic of China and the Civil Code"
Article 1064 stipulates:
Both husband and wife must sign with the same signature or the couple must Debts borne by one party after the other party ratifies the consent of the spouse, as well as debts borne by one spouse in his or her own name for the daily needs of the family during the marriage, are joint debts of the spouses.
Debts borne by one spouse in his or her own name during the marriage, which exceed the daily needs of the family, are not joint debts of the couple; however, the creditor can prove that the debt is used for the joint purpose of the couple. Exceptions include life, sex, production and operation, or based on the consent of both spouses.