If the mortgage is not paid off, you need to bring the following materials to the housing management office to handle related business: valid divorce property division agreement (notarization) or court arbitration (judgment), divorce certificate, ID cards of both parties, immovable property certificate or other rights certificate.
If the mortgage loan has been paid off or the house has been purchased in full at the time of divorce, you only need to bring a valid divorce property division agreement (notarization) or court arbitration (judgment), divorce certificate, ID card and immovable property certificate to the local real estate management department for property transfer procedures.
To notarize the divorce property division agreement, the parties shall submit the following materials:
1, the identity certificate of the parties, and the entrusted agent shall submit the power of attorney and identity certificate;
2. The text of the property division agreement;
3. Other evidence that the notary believes should be submitted.
Extended data
Disposal of houses jointly owned by husband and wife or owned by one party.
Houses purchased and built by husband and wife during the marriage relationship, or houses purchased and built by both parties before marriage, are owned by husband and wife, and should be divided into joint property of husband and wife when divorced. According to Article 20 of Interpretation of Marriage Law (II), if both parties fail to reach an agreement on the value and ownership of the house in the same property, the people's court shall handle it according to the following circumstances:
(a) the two sides claim the ownership of the house and agree to bid, which should be allowed;
(two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall compensate the other party;
(three) if neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided. The usual practice in judicial practice is: * * * There are houses that can actually be used separately, and they can be used separately. If it cannot be used alone, the price can be fixed to one party, and the other party can get compensation. When deciding which party to allocate the house to, we should consider the housing situation of both parties and take care of the parents who are raising the children. On the condition that both parties are equal, the woman should be taken care of.
After marriage, both parties shall repair, decorate and demolish the houses owned by one party before marriage. If the property right is not changed at the time of divorce, the house still belongs to the property owner, and the value-added part belongs to the other party, and the owner of the house compensates the other party at a discount; The expanded and expanded houses are regarded as the property of husband and wife. When divorcing, if one party has difficulties in life, such as having nowhere to live after divorce, the other party should give appropriate help from his personal property such as his house.
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