reporter
MICROELEMENTS
the couple divorced a year before the divorce money to buy a house loan from the bank has not yet, September 26, the reporter learned from the Eastern District of Shijiazhuang Shiqiao, the hospital just conclusion of the contract dispute with the mortgage,
vibram shoes, the verdict has been divorced Ho and Jia President, together owed the bank more than a year mortgages.
divorce is not yet a year mortgages
1992 年 capital of Ho and Miss Jia married. Ho since 2007 to buy a house from the bank for a real estate mortgage loans 185,000 yuan, 15-year loan period, from October 25, 2007 to October 25, 2022. Monthly interest rate 8.4825 ‰, according to the original interest rate subject to 50% of the overdue account interest receivable. In this way, Mr. Ho is also the mortgage principal and interest each month to a total of about 2,000 yuan.
2008 summer, Mr. Ho and Miss Jia divorce, and civil affairs departments divorced. Since August 21, 2009, the Ho is no longer the principal and interest repayment of loans, as of July 11 this year, Ho 174,
女子割双眼皮后留疤起诉美容公司索赔5万,053.34 yuan owed to the bank loan principal, interest 20,
five finger shoes shop,071.1 yuan.
Thus, the bank sued to court, the defendant Mr. Ho and Miss Jia common mortgage payments of principal and interest,
fivefingers shoes, and proposed auction sale of the mortgaged property priority over repayment of principal amount of 174,053.34 yuan of debt that is interest 20,071.1 yuan.
ex-wife refused to take home loans
after hearing the case, Miss Jia did not appear in court, a written reply, said her ex-husband in business since 1999,
five finger shoes, has long been profitable supplement the family income, marital during the existence of all the daily living expenses and tuition fees for children are by themselves to take. Therefore, the ex-husband's bank debt owed to personal debt, the debt should not be regarded as husband and wife together, and she should not bear; and real estate collateral for the bank is both acquired during the marriage relationship, is the joint property half of the property of their respective owners. Miss Jia Ho said he was forced under the ex-husband agreed to the mortgage loans, but only agreed to share half of the property with her ex-husband as collateral.
bank the right to demand repayment of principal and interest
Court has examined, 25 October 2007, the bank signed with the Ho responsibility ) above fails to pay in full the contract should also principal and interest each month. Contract the same day, the bank loans to fulfill obligations.
same day, the Bank also signed with the Ho The Miss Jia was with Ho is husband and wife, Miss Jia as co-mortgagor signed the mortgage contract confirmation. Since August 21,
vibram five fingers shoes, 2009 from Mr. Ho is no longer the principal and interest repayment of loans, as of July 11, 2010, Ho 174,053.34 yuan outstanding loan principal, interest 20,071.1 yuan.
court held that the defendant Mr. Ho agreed contract has occurred for more than 3 consecutive loans to repay principal and interest is not the case, according to the contract, the bank the right to demand early repayment of all loan principal and interest Ho. On the late return of the loan principal, the banks have the right to perform under the contract maturity level of interest rates by the additional 50% interest.
Ms. Ho and Jia marriage acquired during the existence of property involved in this case, so the home is the common property of the two defendants, in a total way, are common there, and not advocated by Miss Jia half the property owners by shares. They voluntarily provided to the property collateral for the loan, so banks have the right of priority for repayment mortgage real estate auction.
divorce common to repay the debt together
as Mr. Ho and Jia,
保姆以病人女儿身份签字拒救致死 医院被判无责, were divorced, then Miss Jia should not bear the repayment responsibilities?
Li Yan Hung trial judge that the loan contract between the Bank v. the two defendants in the duration of marriage, the defendant Miss Jia Department of defense, said her ex-husband's personal debt loans. Supreme People's Court joint debt management. but one spouse can prove that a clear agreement between the creditor and the debtor for personal debts, or can prove that is the case pursuant to article XIX marriage except. burden of proof.
not Miss Jia on the court, evidence, and the borrowing is to purchase, obviously not a personal debt, so the Miss Jia's the defense, the court shall not be accepted hospital, identified the debts are Two co-defendants debt.
of request for repayment of loans, legal and valid, should be supported.
Accordingly, the east district court: Ms. Ho and Jia decision within 10 days after the commencement of repayment of principal 174,053.34 yuan bank loans and interest, default interest, and jointly liable for each other; Ho, Jia President fails to perform due, the bank has the right to mortgage the house Ho discount, the price of the auction or sale of priority for repayment.