The house belongs to both husband and wife, so both parties have the same right to dispose of it, and neither party can claim rights on behalf of the other. Therefore, if you want to mortgage the property jointly owned by husband and wife, you must get the written consent of someone. If you buy a house after marriage, then the house belongs to the joint property of husband and wife. You need both husband and wife to be present before you can sign an iou or buy or sell, otherwise you can't do the transaction.
Judging from the process of housing mortgage loan, it is difficult to successfully handle this business without the consent of any party. Real estate mortgage loan is a mortgage loan provided by banks or other financial institutions with real estate or real estate as material guarantee for repayment. It is the main form of real estate credit business and occupies an important position in loan business.
Legal basis:
Article 1064 of the Civil Code of People's Republic of China (PRC) * * * Debts incurred by both husband and wife with the same signature or later ratified by one of the husband and wife, and debts incurred by one of the husband and wife in his own name for the daily life of the family during the marriage relationship belong to the same debt of the husband and wife.
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.