Is the husband's borrowing of the grandparents' land use rights certificate for a bank loan subject to the wife's consent?

Based on Article 500 of the 2015 Civil Code on Land Use Rights Contracts, it is stipulated as follows:

”A contract on land use rights is an agreement between the parties, whereby the land user transfers, assigns, leases, subleases, donates, mortgages, contributes capital with land use rights, or performs other rights according to the provisions of the Land Law to the other party; the other party shall exercise rights and obligations under the contract with the land user.”

Therefore, your parents are entitled to exercise rights over their owned real estate, including mortgaging a loan for you. This is a civil relationship between your parents and the bank, unrelated to your wife.

The act of mortgaging the land use right certificate (owned by your parents) with the bank essentially constitutes a relationship between your parents and the bank.

Therefore, borrowing your parents' land use right certificate to mortgage a loan with the bank does not require your wife's consent.

The above is the consultation content from the Editorial Board sent to you.

Respectfully!