The loan house needs the consent of the bank before the husband and wife can transfer ownership. Because the loan of the loan house has not been paid off, the buyer has not yet obtained the house property certificate. If you need to transfer ownership at this time, you need to apply to the bank and the bank will agree before you can transfer ownership.

Materials submitted for the transfer of husband and wife's house.

1. In case of housing reform, it is necessary to provide the confirmation of the original selling unit, indicating that the name of the property owner is the lover; Involving commercial housing and affordable housing, both husband and wife shall specify the change request and indicate the reasons;

2. Copy of marriage certificate (original verification)

3. Copy of ID card of both husband and wife (original inspection);

There is an agreement that both husband and wife have a house.

5. House ownership certificate

6. A copy of the original housing reform purchase contract (original inspection);

7. Attached drawings and a copy of the registration form of house ownership certificate. If there is no picture in the certificate, it may not be provided, and the registration form does not copy the original owner's name;

To handle the house transfer formalities between husband and wife, you need to provide the stamp duty on the real estate license, and there is no other fee.

Non-husband and wife real estate license transfer process

If the real estate license is renamed during the non-marriage period, it cannot be directly transferred, but can only be donated for transfer.

The fields of gift include non-wedding, relatives and friends. That is, adding children, parents and other relatives or friends to the real estate license can be done by gift.

There is a house and a loan: generally, it is impossible to transfer ownership without paying off the loan. There are two ways to transfer a house. One is to pay off the loan in advance and then transfer the real estate license. Second, the bank is required to change the borrower and pawnshop in the contract, and then go to the Housing Authority to handle the relevant transfer procedures after obtaining the consent of the bank.

How to divide the mortgaged house after divorce?

1. After marriage, the husband and wife buy a house and pay the mortgage:

Husband and wife bank loans belong to the same debt of husband and wife, and they are jointly and severally liable for the debt. Both parties can sign an agreement, clearly stipulating that the house is owned by one party, and one party shall undertake the repayment obligation and return the house purchase price and interest paid by the other party. At the same time, when it is agreed that the loan can be transferred, the other party shall stipulate the liability for breach of contract of both parties.

2. One party pays the down payment before marriage and repays the loan after marriage:

If both parents contribute to the purchase of a house before marriage, the contribution shall be regarded as a personal gift to their children, except that the parents expressly give it to both husband and wife. Because the real estate license has been handled before marriage, it should be recognized as pre-marital property. The remaining housing loans are jointly repaid by the husband and wife after marriage, and the part of the house that increases in value after marriage is regarded as the property of the husband and wife after marriage.

3. Where Party A and Party B jointly contribute to purchase the mortgaged house before marriage, but the house is registered in the name of one party:

Although Party A contributes capital, the house is registered in the name of Party B, and the house is still Party B's personal property, and the mortgage loan is also Party B's personal debt. However, the part of the down payment that belongs to Party A's contribution and the part of the returned loan that belongs to Party A's settlement shall be returned.

Legal basis:

Provisional regulations on the registration of real estate

Article 14 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.