1. Pay off the loan owed to the bank in advance, cancel the registration of other rights on the house ownership certificate, and ask the people's court to deal with the house ownership problem while dealing with the marriage problem;
2. After the divorce, both parties or one party will continue to repay the loan. After the loan has been paid off and the mortgage registration has been cancelled, both parties may settle the matter through consultation or bring a suit in a people's court.
What to do after divorce with mortgage:
1. Because both husband and wife jointly borrow money to buy a house, the house belongs to the common property of both husband and wife. No matter which party is the main lender, both husband and wife have the obligation to repay the house loan, because the debts of husband and wife are common after marriage.
2. Therefore, after the divorce, the husband and wife can make an agreement on the repayment of the mortgage, and the two sides will decide whether one party will repay or continue to repay through consultation, and agree on the repayment share.
3. Of course, if the house is judged to be owned by one party after the divorce, then the other party as a co-lender can make a request to change the house lender, and the other party who no longer owns the house can apply to cancel its obligation to repay the house loan.
4. After the divorce, both parties or one party will continue to repay the loan. After the loan has been paid off and the mortgage registration has been cancelled, both parties may settle the matter through consultation or bring a suit in a people's court.
After divorce, if the party who gets the house wants to transfer ownership, there are two ways:
1. Repay the loan in advance and cancel the mortgage registration of the bank mortgage loan. If you don't have a lot of cash to repay the loan in advance, you can consider redeeming the real estate license through some loan companies. After obtaining the real estate license, both parties go to the real estate registration department to handle the transfer.
2. If it is impossible to pay off the loan in one lump sum, you can negotiate with the loan bank to change the lender and re-sign the mortgage contract for housing loan. This kind of operation is more troublesome, because banks generally don't cooperate, because the risk of repaying loans is high and the workload is large.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1087 stipulates:
At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.