The loan vehicle cannot be transferred to the spouse during the mortgage period, because the owner only enjoys the right to use the vehicle, does not own the property right of the vehicle, and cannot handle the transfer. Only when the mortgage loan is paid off, the mortgage is released, the vehicle formalities and documents are complete, and the illegal accidents are handled, can he apply for the transfer of motor vehicles. Article 19 of the Regulations on Motor Vehicle Registration: To apply for transfer registration, the current motor vehicle owner shall fill in the application form and submit the following documents and vouchers: 1, the current motor vehicle owner's identity certificate; 2. Certificates and vouchers for the transfer of ownership of motor vehicles; 3. Motor vehicle registration certificate; 4. Motor vehicle driver's license; 5. The customs shall also submit the Certificate of Deregulation of Vehicles under Customs Supervision in People's Republic of China (PRC) or the transfer certificate approved by the customs; 6. Motor vehicles that exceed the validity period of inspection shall also submit the certificate of motor vehicle safety and technical inspection and the compulsory insurance certificate for traffic accident liability.
Can a mortgage car be renamed between husband and wife?
It depends. If the bank agrees, during the mortgage period, the car can be transferred and the husband and wife can change their names; If the bank does not agree, during the mortgage period, the car cannot be transferred and the husband and wife cannot change their names. You need to pay off the vehicle loan mortgage, release the mortgage, complete the vehicle formalities and documents, and handle the illegal accident before you can handle the vehicle transfer and name change.
Legal basis:
Article 406 of the Civil Code of People's Republic of China (PRC) * * * During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.
Can a husband and wife transfer a car by loan?
Belonging to the loan vehicle, the loan vehicle cannot be renamed during the mortgage period. Only after paying off the mortgage loan, canceling the mortgage, completing the vehicle formalities and handling the illegal accidents can you apply for the transfer of motor vehicles.
Legal basis:
Motor vehicle registration regulations
Article 18 Where the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply to the motor vehicle management office for transfer registration within 30 days from the date of delivery of the motor vehicle.
Before applying for transfer registration, the owner of a motor vehicle shall deal with the illegal acts of road traffic safety and traffic accidents involving the vehicle.
Nineteenth to apply for transfer registration, the current motor vehicle owner shall fill in the application form, submit the motor vehicle for inspection, and submit the following documents and vouchers:
(a) the identity certificate of the current motor vehicle owner;
(2) Certificates and vouchers of the transfer of ownership of motor vehicles;
(3) Motor vehicle registration certificate;
(4) Motor vehicle driving license;
(five) the customs supervision of motor vehicles shall also submit the "Certificate of Deregulation of Vehicles under Customs Supervision in People's Republic of China (PRC)" or the transfer certificate approved by the customs;
(six) motor vehicles that have exceeded the validity period of the inspection shall also submit the certificate of motor vehicle safety and technical inspection and the compulsory insurance certificate for traffic accident liability.
Can the loan car be renamed as a spouse?
If the loan car can be renamed as a spouse, both parties and the car need to go to the vehicle management office where the car license plate is registered to apply for renaming. According to the relevant laws and regulations of our country, the registered ownership of motor vehicles has been transferred, and the original motor vehicle owner and the current motor vehicle owner live in the same jurisdiction of the vehicle management office. The current motor vehicle owner shall fill in the application form for motor vehicle registration within 30 days from the date of the transfer of motor vehicle ownership, and apply for transfer registration to the vehicle management office under the jurisdiction of the motor vehicle with the following materials:
(a) the identity certificate of the current motor vehicle owner;
(2) Motor vehicle registration certificate;
(3) Proof of the origin of the motor vehicle;
(4) Motor vehicles released under the supervision of the customs shall submit the Certificate of Supervision and Release of Vehicles under the Supervision of People's Republic of China (PRC) Customs issued by the supervision customs;
(5) Motor vehicle driving license;
(6) Standard photos of motor vehicles applying for transfer registration;
(seven) in accordance with the provisions of the need to change the motor vehicle registration number, it should also be returned to the motor vehicle number plate.
legal ground
Article 14 of the Measures for the Registration of Motor Vehicles: If the ownership of a registered motor vehicle is transferred and the original motor vehicle owner and the current motor vehicle owner live in the same jurisdiction as the vehicle management office, the current motor vehicle owner shall fill in the motor vehicle registration application form within 30 days from the date of the transfer of motor vehicle ownership and apply for transfer registration to the vehicle management office where the motor vehicle is located with the following materials:
(a) the identity certificate of the current motor vehicle owner;
(2) Motor vehicle registration certificate;
(3) Proof of the origin of the motor vehicle;
(4) Motor vehicles released under the supervision of the customs shall submit the Certificate of Supervision and Release of Vehicles under the Supervision of People's Republic of China (PRC) Customs issued by the supervision customs;
(5) Motor vehicle driving license;
(6) Standard photos of motor vehicles applying for transfer registration;
(seven) in accordance with the provisions of the need to change the motor vehicle registration number, it should also be returned to the motor vehicle number plate.