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How to transfer the mortgage loan between husband and wife
First, how do couples handle the transfer of mortgage loans?

Gifts between immediate family members do not need to pay 20% tax when sold in the future, and the personal income tax is 1%.

When a property with a loan is transferred, you need to ask for the remaining loan before you can handle it. If your house is less than 5 years after purchase, there will be 5.55% business tax and 1% personal income tax.

In this case, it is more appropriate to deal with gifts.

If the house is more than 5 years old, it is very cost-effective to directly handle the transfer.

Second, can couples refinance their mortgages?

Husbands and wives can refinance their loans. However, the original borrower needs to have the legal right to dispose of the purchased house and must return the outstanding principal and interest. According to relevant laws and regulations, the establishment, alteration, transfer and extinction of real estate rights shall take effect after being registered according to law. Mortgage means that during the repayment period of personal housing loan, the borrower sells the house as collateral, and the buyer of the house continues to repay the unexpired loan of the seller with the consent of the loan bank. Those who meet the conditions for re-mortgage can be re-mortgaged. The specific conditions are: (1) The original borrower must pay off the outstanding principal and interest; (2) The original borrower needs to have the legal right to dispose of the purchased house, and the house has no other rights. Generally, after the bank loan is repaid, the mortgage registration formalities should be handled. For details, please consult the bank that handles the mortgage. According to relevant laws and regulations, the parties may modify the contract through consultation. Where laws and administrative regulations stipulate that the alteration of a contract shall go through the formalities of approval and registration, such provisions shall prevail. When a husband and wife divorce, the mortgage loan can be refinanced, because it involves the distribution of real estate, so you can submit an application directly to the bank. The processing flow of mortgage to mortgage is: 1, find the receiving bank; 2. Bring relevant information to the bank to fill in the application form for lending, and repay the loan in full in the original bank after the bank has passed the examination; 3. Sign a new mortgage loan contract with the receiving bank, and then go to the mortgage registration department for decompression and new mortgage procedures; 4. Hand over the real estate license, mortgage cancellation procedures and mortgage procedures to the receiving bank. Legal basis: Article 209 of the Civil Code of People's Republic of China (PRC) stipulates that the establishment, alteration, transfer and extinction of the real right of immovable property shall become effective after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.

Third, how to transfer the mortgage between husband and wife?

After the mortgage between husband and wife needs to repay the bank loan, the mortgage registration formalities shall be handled. For details, please consult the bank that handles the mortgage. According to Chinese law, the parties can modify the contract through consultation. Where laws and administrative regulations stipulate that the alteration of a contract shall go through the formalities of approval and registration, such provisions shall prevail. Specifically, go to your mortgage bank for consultation.

4. Can the husband and wife refinance the mortgage?

Legal analysis: husband and wife can refinance mortgage.

Mortgage means that during the repayment period of personal 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 seller.

Those who meet the conditions for re-mortgage can be re-mortgaged.

The specific conditions are:

(1) The original borrower must pay off the outstanding principal and interest;

(2) The original borrower needs to have the legal right to dispose of the purchased house, and the house has no other rights.

Article 209 of the Civil Code of the Statutory Republic states that the establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.

Natural resources owned by the state according to law may not be registered.