1. Repay the loan in advance and cancel the mortgage registration of the bank mortgage loan. 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 troublesome.
If you have a real estate license, it is easier to handle the transfer of divorced mortgage houses. Just follow the normal transfer procedure.
Matters needing attention in the transfer of property rights of divorced houses:
1. Importance of divorce agreement: The ownership and transfer of real estate should be clearly stated in the divorce agreement to avoid subsequent disputes.
2. Loan handling plan: If the property has a loan, it is necessary to discuss whether one party will continue to repay the loan or both parties will repay the loan together, or apply for loan change.
3. Preparation of materials required for transfer: Prepare all materials required for transfer in advance, including but not limited to divorce agreement, ID card, real estate license, etc.
4. Understanding of transfer taxes and fees: consult the local real estate trading center or real estate registration agency in advance to understand the taxes and fees that may be generated by transfer.
To sum up, when the mortgaged house is transferred to the other party at the time of divorce, both parties need to reach an agreement through consultation, sign an agreement, pay off or handle the loan, handle the transfer formalities and pay the relevant taxes.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 209
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.