In real life, when a husband and wife divorce, they need to divide their property, and the house is also a part of the division. If the house is bought by loan at the time of marriage, then the loan of the house should also be repaid by both husband and wife. After the divorce, you need to go through certain transfer procedures for the mortgage. So what procedures do couples need for divorce and mortgage change? For this problem, I will give you a detailed introduction in the following materials.
1. What are the procedures for divorce and mortgage change?
1. According to the provisions on property ownership in effective divorce agreement (notarization) or court arbitration (judgment);
2. Divorce certificate;
3. Identity cards of both parties;
4, the original housing ownership or mortgage related certificates, that is, the original loan related procedures.
Second, how to transfer the mortgaged house after divorce, and how to transfer the house?
Due to high housing prices, many couples will negotiate loans and mortgages to buy a house before and after marriage, and build a love nest together. However, who owns the mortgage house during divorce and how to transfer the mortgage house after divorce have become one of the headaches for many divorced couples. How to transfer the mortgage house after divorce, what is the transfer process of the mortgage house after divorce, and what is the cost? This paper analyzes two situations of mortgage house transfer after divorce, hoping to provide you with some help.
(a), there is no real estate license, how to transfer the house mortgaged by divorce?
How to transfer the mortgage house without real estate license after divorce? As we all know, housing transfer must have a real estate license, and it is impossible to transfer without a real estate license. Under normal circumstances, the real estate license of the mortgaged house should be mortgaged in the bank. So after the divorce, if the party who gets the house wants to transfer ownership, there are two ways:
1. Early repayment: cancellation of mortgage registration of 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.
(2) If there is a real estate license, how to transfer the house with divorced mortgage and how to transfer it?
If you have a real estate license, it is easier to handle the transfer of divorced mortgage houses. Just follow the normal transfer procedure.
3. How to transfer the mortgaged house after divorce, and what is the transfer process?
How to transfer the mortgage house after divorce? What is the transfer process? As mentioned above, those who have not obtained the real estate license cannot handle the transfer. Therefore, if the divorced mortgage house obtains the real estate license, the transfer needs to first handle the divorce property analysis, which is the proof that the divorce property transfer is exempt from deed tax. If it is not because of divorce, the deed tax will be paid when the property is transferred. After completing the divorce property analysis procedures, you can go to the real estate management department to handle the divorce property transfer procedures. The specific transfer procedures are as follows:
(1). Divorce by agreement. If you sign the divorce agreement, go to the notary office for notarization. If there is a divorce judgment, notarization is not required;
(2) transfer to the trading center;
(3) Apply for deed tax relief in the Housing Authority;
(4) Go through the registration formalities for production analysis and pay the registration fee for 50 yuan;
(5) Evidence collection.
To sum up, it can be seen from the above information that when the mortgage is changed, it is necessary to bring the agreement or divorce certificate, ID cards of both parties, house property rights and other relevant valid documents to the relevant departments to handle the mortgage change. At the same time, I would like to remind you that you don't need to pay deed tax when you buy a house with a loan. In this regard, you can consult local policies in detail.