Mortgage in Chinese: apartment for husband, debts for wife (6 photos)
In China, there is a law that in the event of a divorce, real estate remains with the person who bought it. Sounds pretty fair? Until you find out that this property has a mortgage. The family pays for it, and then only the husband lives.
Why husband? Because getting married without your own home in China is almost impossible. There is a shortage of girls, they have plenty to choose from, so a good girl with an education will not live on rent.
And most often the scheme works like this:
By the way, there is currently an outbreak of mortgage defaults in China. Economic crisis
A Chinese person saves or borrows funds from his parents for a down payment and takes out a mortgage in a good location.
He is looking for a bride based on his status. If you have a one-room apartment, but in Beijing, then you need a wife from Beijing, and it’s better that she looks like a doll. In fact, the quality of a wife depends 50% on the quality of the apartment.
And then the family starts working together, because a good wife has a good, well-paid job. The family receives a combined income and thus pays off the mortgage even ahead of schedule.
Chinese capital thing - figure, makeup, style, probably a good position
And then the husband feels the will - he starts drinking or treating his wife rudely. She files for divorce.
Hello, Chinese law tells them
Because according to it, the apartment, if it was originally registered to the husband, automatically remains with him. Right of first signature. At the same time, you can take out a mortgage only for your husband even in marriage, you just carefully do not include the second person in the documents and that’s all. “I’ll fit you in later, now it’s inconvenient.”
Only 20% of documents for mortgaged apartments contain the name of the spouse. Although up to 77% of women of fertile age work in China, and those who do not work take care of children or study. There are very few housewives here; the economic situation does not allow it.
Being a housewife... This is something of a luxury life
What if you go to court?
The apartment will be automatically assigned to the husband, because only his name is included in the documents. If you still have receipts for direct payments for the mortgage (and not so that he paid his entire salary, and you fed and clothed him), they may be required to return ONLY the money. Don't give me part of the apartment.
Moreover, in China there are families who literally live in one room 2 by 3
Fraud with names in general is very common in China.
For example, a husband may secretly put both his and his wife’s names on a promissory note. And then the debt is considered not his personal, but family.
That's it - she didn't give consent, he gave for the whole family. Therefore, the family has to pay. And half of the debt remains with the woman even after a divorce.
This practice exists because the burden of proof is on the woman to prove that you did not take or spend money from the family loan. In our case, the debtor himself, that is, the husband, must prove that the loan money was spent on his wife and with her consent, if he wants his debts to be divided during a divorce.
If the debt is sold to collectors, they will start swearing like we did about seven years ago
Therefore, fraud with “secret debts of the spouse” is much more common in China due to the imperfection of the laws.
So you think that brides are valuable in China. And then bam - and you are without an apartment, but with debts. You can, of course, write everything down in the marriage contract. But shouldn't marriage law, by default, be fair to all parties?