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After a divorce, the house belongs to the other party, but what should I do if my name is on the mortgage?

After divorce, you can go to the relevant bank to go through the loan name change procedures. If a provident fund loan is used when purchasing a house, both parties can go to the provident fund management center and bring their ID cards, divorce agreement, court judgment or mediation letter, etc., to go through the loan name change procedures. If you use a commercial loan when purchasing a house, you need to bring the aforementioned materials to the bank where the loan is located to change the name. In this case, the name change requires the consent of the creditor, the bank. The loan incurred when purchasing a house is the joint debt of the couple. Even if the two parties divorce and the debt is borne by one of them, all parties still need to bear joint and several liability for the debt. This is a protection for creditors. If the loan is overdue, At the time of repayment, the creditor may demand repayment from any one of them. After the party who should not bear the debt repays the loan, it can pursue repayment from the other party.

Article 1089 of the Civil Code: Upon divorce, the husband and wife shall repay the same debts jointly. If the property of the two parties is insufficient to repay or the property belongs to each other, the two parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.

Article 1064 of the "Civil Code" The debts borne by both spouses with the same signature or with the subsequent ratification of one spouse by the same consent, as well as the debts borne by one spouse during the subsistence of the marriage. During this period, debts borne in individual names for the daily needs of the family are joint debts of the couple.

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.

Article 1060 of the "Civil Code" stipulates that civil legal acts performed by one spouse for the daily needs of the family shall be effective on both spouses, unless otherwise agreed between one spouse and the other party. . Limitations between husband and wife on the scope of civil legal actions that one party can perform shall not be used against bona fide counterparts.