The marital divorce loan purchase a car how to deal with?

Source: Wuxi daily

Case playback: Cao Nan and Su Yafei is a pair of husband and wife, seeing colleagues and neighbors are driving a car, heart envy, they want to even dream to own a car. But their wages are not high, in addition to the daily living expenses, There is not much left., it is very difficult to realize this dream. Then listen to the friend said to zero Shoufu loan purchase a car. They decided to loan to buy a Geely car brand, to industrial and Commercial Bank of China belongs to the branch submitted loan applications, banks lending to complete the examination, Cao Nan 68000 yuan, and signed the vehicle mortgage procedures. The car came back to buy, life circle increases, social communication facilities, Cao Nan often drove the car out with friends, rarely go home to eat dinner, often quarrel between husband and wife this matter, in the course of time, the feelings of husband and wife is getting worse, finally both sides feel very tired, only to divorce, division of property in the community Cao Nan, put the car in his possession, bank loans by him to return, she has nothing to do with the su. Su she agreed, they signed the divorce agreement, to deal with divorce formalities the civil affairs department. Shortly after the divorce, Cao Nan is unemployed, not bank loans, for three consecutive months without the return of bank loans, the bank repeated again no effect, but to send Cao Nan and Su Yafei to court, asking him to the door to repay the loan, Su she then took out a divorce agreement, said: now they divorced, the buy vehicles owned by Cao Nan, the debt by Cao Nan bear, banks should not be yourself on the court, I don't agree with the return of bank loans. Q: the marital loan purchase a car, after the divorce, the loan shall be responsible for the return of who? Lawyers analysis: banks and Cao Nan, Su Yafei couples the two sides signed the personal loan contract and the mortgage contract is established in accordance with the law, as the bank specific performance of debt obligations, while Cao Nan and Su she for several months to stop servicing, constitutes a breach of contract. Although in the prosecution of the former, and Cao Nan Su she has been divorced, and automobile loans agreed by Cao Nan returned, has nothing to do with Su Yafei, but the purchase a car loan is two people during the existence of marriage, the debt should be regarded as a common debt of two people of husband and wife. According to "the Supreme People's Court on certain issues concerning the application of the people's Republic of China Marriage Law '' interpretation (two)" the provisions of article twenty-fifth, the divorce agreement or the people's court verdict, the verdict, mediation has the property division issues dealt with, the creditor shall have the right to claim the right to both men and women, marriage common debt. A common debt bear joint and several liability, legal documents based on the divorce agreement or the people's court to the other party claims compensation, should be supported. Therefore, Cao m and Su Yafei have common loan repayment obligations, if Su She after the return of loans, can ask Cao Nan recovery.

   The beginning of the customers owing on the loan situation is relatively normal, but a year later, the customer to default on bank loans, the repayment from the full stop not timely repayment to the development of. The bank and the customer for many links expediting monthly invalid, the client will entrust a lawyer to court, request the people's court ruled that the customers timely return of bank loans and pay interest on overdue payments. In the prosecution, the bank also apply to the people's court for the purchase of housing property preservation to the customer. In the course of the trial, to understand people's court, the customer can not be timely return of bank mortgage, because I was ill in hospital, a temporary financial difficulties. The people's court after hearing that, the mortgage contract is both sides on the basis of equality and consensus, is the true meaning of the expression, the two sides also handling mortgage registration, contract valid. The contract established according to law, the parties are legally binding, the parties shall fully perform its own obligations as agreed by the parties, if a party fails to perform the contract or its performance of the contractual obligations does not comply with the contract, it shall bear the liability for breach of contract. Although the customer is ill. The reason of bank defaults, itself is worthy of sympathy, but temporary financial difficulties can not be due to illness appears to be a justification of the law. Accordingly, the people's court in accordance with the customer to bank loan contract and pay the interest on overdue payments.

   The people's court ruling, because the client fails to perform automatic in the verdict within a prescribed period of time. The bank has made to enforce the application to the court, request the people's court for property preservation of the auction is the customer premises. The people's court after investigation confirmed, the execution is only the housing, to the executed person and their families living necessary, if the housing auction, the execution and the family may become destitute and homeless. According to the Supreme People's court "about people's Court of civil implementation of attachment, seizure, freezing property of", "dependency on the person and their families living necessary housing, the people's court may seal, but not auction, sale or set off. For more than the person and their family life are essential to support housing and living supplies, the people's court according to the application by the applicant for enforcement, is the protection of person and the minimum standard of living for families who are essential to living room dew and ordinary life, can be enforced." The court thinks at present not the auction houses, and notify the a commercial bank.  

   The Supreme People's Court published November 4, 2004 "people's Court on the civilian implementation of attachment, seizure, freezing property of" has come into force on January 1, 2005. This judicial interpretation increases the risk of loan business bank real estate mortgage, bring certain influence to the real estate market. How to ensure the security of transactions in the mortgage loans to buy a house person, become the focus of commercial banks. The lawyer thinks, the banks can take measures to strengthen the approval process to avoid this risk. First, banks should be focused on fixed income customers, prevention and for the use of bank mortgage real speculation will be necessary. Secondly, may require the customer shall provide guarantee, including third people guarantee, vehicles and other real estate mortgage etc..

Source: Wuxi daily