Not necessarily. A mortgage loan does not necessarily need to be signed by both husband and wife, but only when the collateral of the mortgage loan is the joint property of husband and wife.
According to the provisions of Article 32 of the Measures for the Administration of Urban Real Estate Mortgage, when mortgage loans are made, when the house is owned by * * *, it is necessary to provide the house ownership certificate and other proof that * * * agrees to mortgage, that is, if the house is the property of both husband and wife, it must be signed. If the property is only the personal property of one spouse, then the mortgage loan only needs the signature of the owner.
"Measures for the Administration of Urban Real Estate Mortgage" Article 32 To handle the registration of real estate mortgage, the following documents shall be submitted to the registration authority:
(1) the identity certificate or legal person qualification certificate of the mortgagor
(2) An application for mortgage registration;
(3) mortgage contract;
(4) State-owned land use right certificate, house ownership certificate or real estate certificate. For some houses, house ownership certificate and other * * * people's consent to mortgage must also be submitted;
(5) Documents and evidential materials that can prove that the mortgagor has the right to establish mortgage;
(6) Information that can prove the value of the mortgaged real estate;
(7) Other documents deemed necessary by the registration authority.
Second, what should be included in the real estate mortgage contract?
According to the law, the real estate mortgage contract shall include the following contents.
(1) Names or personal names and residences of the mortgagor and mortgagee;
(2) The type and amount of principal creditor's rights;
(three) the location, name, condition, construction area, land area and scope of the mortgaged real estate;
(4) The value of the mortgaged real estate;
(5) Occupation manager, occupation management mode, occupation management responsibility and liability for accidental damage or loss of mortgaged real estate;
(six) the time limit for the debtor to perform the debt;
(seven) the conditions for the loss of mortgage;
(8) Liability for breach of contract;
(9) dispute settlement methods;
(ten) the time and place of conclusion of the mortgage contract;
(eleven) other matters agreed by both parties.
Legal basis:
Article 1064 of the Civil Code: * * Debts owed by husband and wife * * Debts with the same signature or ratification by one of the spouses afterwards are the same debts as those incurred by one of the spouses in his own name for the daily needs of the family during the marriage relationship.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.