1. The loan is made by the husband and wife during the marriage relationship, and one spouse may be required to bear the repayment responsibility;
2. Fixed property can be executed, and deposits, bonds due or other real estate can be mortgaged. It should be noted that even if the lender is imprisoned, the lending institution can bring a lawsuit in the court where he is imprisoned. At the same time, after the judgment takes effect, the lending institution may apply to the court for compulsory execution, and may execute all its personal property and the property jointly owned by the husband and wife.
The property owned by husband and wife * * * mainly includes the following types:
1, income such as wages, bonuses and labor remuneration obtained during the marriage relationship;
2. Income obtained through production, operation and investment during the marriage relationship;
3. Income actually obtained or obviously obtained through patents, trademarks, publications and other matters related to intellectual property rights during the marriage relationship;
4. The property inherited or donated during the marriage relationship, except the property determined to belong to only one party in the will or gift contract;
5. The income generated by one spouse's personal property after marriage, except fruits and natural appreciation, belongs to the common property of husband and wife;
6. Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women;
7. The basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.
To sum up, if the husband can't pay the mortgage in the prison house, he can apply for an extension. If the loan cannot be repaid, the loan company can exercise the mortgage right and auction the collateral. The proceeds from the auction are used to repay loans and related expenses.
Legal basis:
Article 395 of the Civil Code of People's Republic of China (PRC)
The following properties that the debtor or a third party has the right to dispose of may be mortgaged:
(a) buildings and other land attachments;
(2) The right to use construction land;
(3) the right to use the sea area;
(4) Production equipment, raw materials, semi-finished products and products;
(5) Buildings, ships and aircraft under construction;
(6) means of transportation;
(seven) other property not prohibited by laws and administrative regulations.