1. The mortgaged house can be transferred to the wife. During the mortgage period, the house cannot be transferred; Only after the mortgage is released can the relevant house be transferred. "Mortgage" means that during the repayment period of individual housing loan, the borrower sells the house as collateral, and with the consent of the loan bank, the buyer of the house continues to repay the unexpired loan of the seller.
2. Legal basis: Article 14 of the Provisional Regulations on the Registration of Real Estate.
Where an application for real estate registration is made for sale or mortgage, both parties shall apply at the same time.
In any of the following circumstances, the parties may apply unilaterally:
(a) unregistered real estate for the first time to apply for registration;
(2) Inheriting or accepting bequests to acquire real estate rights;
(three) the establishment, alteration, transfer or elimination of real estate rights by effective legal documents or decisions of the people's government;
(four) the name, ownership or natural conditions of the obligee have changed, and the application for registration of change has been made;
(five) the loss of real estate or the right holder to give up real estate rights and apply for cancellation of registration;
(six) to apply for registration of correction or objection;
(seven) other circumstances stipulated by laws and administrative regulations that can be unilaterally applied by the parties.
Article 15
The parties or their agents shall apply to the real estate registration agency for real estate registration.
The real estate registration agency records the application for registration in front of the real estate register, and the applicant may withdraw the application for registration.
2. What are the forms of property transfer?
1. Inheritance is one of the forms of real estate transfer. Legal inheritance of real estate does not require deed tax, but it needs to be exempted from payment in the local tax department. However, if it is illegal to inherit real estate, you need to pay a certain deed tax, but the payment standards in different provinces are different. In addition, property inheritance can not enjoy tax incentives, but also pay 80 yuan's registration fee and 28 yuan's production fee;
2. Gift means that parents voluntarily give their personal property to their children for free. Under normal circumstances, it is more convenient to give property to immediate family members. Stamp duty, assessment fee, registration fee and notarization fee are required for the gift of real estate. According to the regulations, the donee also needs to pay deed tax, which is generally 3% of the appraised house price.
3. If parents sell their house to their children, the transaction method is the same as that of ordinary commercial housing, and the taxes paid during the transaction are the same. However, if the house is the only property of parents, and the real estate license has expired for five years, and the children are buying a house for the first time, they can be exempted from business tax and personal income tax.