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Divorced, the house belongs to me, but what if the loan can't be transferred?
1. What if the divorced property is mortgaged and cannot be transferred?

1. You can draw up the relevant written agreement on property division first, and then handle the transfer after the loan is paid off.

2. Repay the loan in advance to eliminate the mortgage registration of bank mortgage loans. If you don't have a lot of cash to repay the loan in advance, you can consider redeeming the real estate license through some loan companies. After obtaining the real estate license, both parties go to the real estate registration department to handle the transfer.

3. 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 the housing loan. This kind of operation is more troublesome, because banks generally don't cooperate, because the risk of repaying loans is high and the workload is large.

2. What if one party does not cooperate with the property transfer after divorce?

After the divorce, when the property is transferred, the party who gives up the property right does not cooperate with the transfer. How to deal with it needs to be treated differently.

(a) in the divorce proceedings, one party does not cooperate with the transfer.

For litigation divorce, it is not a problem to handle property transfer as long as the court's judgment or mediation book is obtained, regardless of whether the other party cooperates or not. You can apply to the court for enforcement, and the real estate trading center will assist the court in handling the property transfer.

(two) the divorce agreement, one party does not cooperate with the transfer.

Couples who agree to divorce agree that the house belongs to one party in the divorce agreement, but after signing the divorce agreement, the party who gives up the house property right does not cooperate with the transfer. For divorce by agreement, once the other party does not cooperate, the transfer will be more troublesome, because the divorce certificate and divorce agreement alone are not enough to prove the true meaning of the other party's property transfer, and the housing management department cannot review the authenticity of the agreement. Therefore, in this case, the following measures can be taken:

1. Bring a lawsuit to the court for failing to perform the divorce agreement. If the other party does not cooperate, it is a violation of the divorce agreement. You can bring a lawsuit to the court and ask the other party to fulfill the divorce agreement. If the other party still fails to perform after the judgment of the court, it may apply to the court for compulsory execution. The court can serve a notice of assistance in execution to the housing management department, allowing you to handle the transfer.

2. When divorcing, go to the notary office to notarize the divorce agreement. In order to prevent one party from not cooperating after divorce, the divorce agreement can be notarized to prove the authenticity of the agreement, so that the Housing Authority will recognize the divorce agreement and transfer the property.

If the parties preparing for divorce by agreement feel that divorce by agreement is not safe for both parties, they can take the form of notarization agreement or bring a lawsuit directly to the court to settle the case through mediation. Getting a conciliation statement from the court has the same effect as notarizing a divorce agreement.