Legal analysis: At the time of divorce, it is difficult to deal with the ownership of the house that has been mortgaged after marriage but the property right of the house is registered in the name of the husband and wife in judicial practice. The main reason is that the decision to change the property owner means changing the borrower. If the bank refuses to handle the mortgage transfer procedures, the judgment will not be enforced. If the house is awarded to a non-registered party, it is essentially equivalent to changing the debtor and requires the consent of the creditor (bank). If the bank doesn't agree, it can't make a judgment. Under normal circumstances, although the property right of the house purchased with the joint property of husband and wife after marriage is registered in the name of one of the husband and wife, it still belongs to the joint property of husband and wife, and the mortgaged house is no exception. If there is no evidence that the house is mortgaged with personal property, it should also be divided according to the joint property of husband and wife at the time of divorce, which is no different from the house in the usual sense. There is no theoretical basis for banks to refuse to handle the formalities of lending.
Legal basis: Article 1087th of the Civil Code of People's Republic of China (PRC), in case 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 according to 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 one spouse in the contracted management of family land are protected according to law.