1. According to Article 191 of the Property Law of People's Republic of China (PRC): "During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except that the transferee pays off the debt and extinguishes the mortgage on his behalf." Therefore, whether the mortgage can be increased before it is repaid depends on whether the loan bank agrees.

2. But adding a name to the house that has not paid off the mortgage is equivalent to changing the relationship between the borrower and the creditor's rights and debts. Considering the risk of subsequent repayment, banks generally do not agree to add names to real estate licenses. The borrower can consult the bank first to see if the bank agrees.

3. In addition, if one of the husband and wife wants to add a name but fails, according to Article 10 of Judicial Interpretation III of Marriage Law: "One of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property, and repays the loan with the same property after marriage. If the real estate is registered in the name of the down payer, the real estate will be handled by both parties through consultation at the time of divorce. "

4. If no agreement can be reached, both parties shall compensate the other party for the money paid for the repayment after marriage and the corresponding property appreciation.

5. In short, the mortgage has not been repaid, and it is generally not allowed to add a name. If you want to add a name, you need to get the consent of the bank. If the bank does not agree, it can only pay off the bank loan in advance, and then change the property right and name.

2. Can I add my spouse's name to the real estate license if the loan is not paid off?

Depending on the nature of the loan:

1. You can't add your name when applying for provident fund loan;

2. If it is a commercial loan, it must be approved by the bank before adding the name. This is due to the consideration of risk control, because the name of the house that has not paid off the loan is added, which is equivalent to changing the borrower, and the relationship between creditor's rights and debts will also change, which is potentially risky for the bank.

3. Banks don't support adding names to real estate licenses for houses that are still under mortgage loans.

In other words, the premise of adding real estate license is that you have to pay off the mortgage. According to Article 19 1 of the Property Law, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee during the mortgage period. The addition of real estate license involves "registration of change of house ownership", and the premise of change registration is that the house is not in a state of limited rights.

Extended data:

If the property is still returned, the process of adding the spouse's name is much more complicated.

1. Both husband and wife need to go to the bank to change the mortgage.

2. After the approval of the bank, you can go to the local housing management department to handle the transfer again. Generally, you can get a new real estate license after 7 working days.

3. After that, you have to go to the bank to re-apply for a mortgage.

4. Fee for adding the name of the real estate license: In addition to the above-mentioned 1 10 yuan, if it is a pure provident fund loan, an additional fee of 100 yuan is required; If the loan is in the form of portfolio (provident fund commercial loan), it shall be paid separately to 200 yuan.