Generally, the transfer of mortgaged real estate means that the mortgagor and the owner negotiate with the bank and issue a written agreement on the change of house property rights. When the bank agrees to the change, the borrower is changed from the seller to the buyer, and the bank issues a certificate indicating the change and the reasons for the change, agrees to handle the change registration, and lends the real estate license to the bank. Then the buyer and the seller bring relevant certification materials to the local government real estate management department for property right change registration.
If the bank does not agree to the change, both parties can only notarize the property right change agreement reached at the notary office, take out the real estate license from the bank after paying off the bank loan, cancel the mortgage registration procedures, and go through the property right change registration procedures with the notarized agreement. Or find a guarantee company to guarantee that the balance will be paid off, and then take out the real estate license.
There are two situations when the mortgaged property is transferred during divorce:
1. Early repayment: cancellation of mortgage registration of bank mortgage loan. 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;
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.
I. Divorce property is divided as follows:
1, husband and wife have the same property, which should generally be shared equally. In other words, in principle, the husband and wife share the property equally; According to the actual needs of production and life and the source of property, the specific treatment methods can also be different. Personal use items are generally owned by individuals;
2. The same property managed and used by the husband and wife who live in two places shall be owned by the manager and the user respectively when divided; For the difference, the party with more property shall compensate the other party with property equivalent to the difference;
3. If the registered marriage has not yet cohabited, and the bride price is paid according to the custom, or the payment before marriage causes difficulties for the payer, you can request the other party to return the bride price at the time of divorce;
4. If one party operates in partnership with others with the common property of husband and wife, the occupied property can be owned by one party, and the party sharing the occupied property shall compensate the other party for half of the value of the occupied property;
5. If the breeding industry operated by husband and wife in that year has no income, it should be reasonably divided or discounted in order to develop production and operation;
6. Both parties have repaired, renovated, demolished and built a house owned by one party before marriage, and the property rights have not changed at the time of divorce. The diffusion part shall belong to the other party's share, and the owner of the house shall compensate the other party at a discount;
7. Property acquired by marriage, divorced, married for a short time, or caused difficulties to the other party's life by asking for property, can be returned as appropriate. It is difficult to determine whether the nature of the property obtained is a request or a gift, and it can be treated as a gift;
8. Houses shared by husband and wife that are not suitable for split use should be allocated to one party according to the housing situation of both parties and the principle of caring for and raising children or the innocent party. The party who gets the house should compensate the other party for half the value of the house. Take care of the woman under the same conditions for both parties;
9. If one party's intellectual property fails to realize economic benefits at the time of divorce, the other party should be properly taken care of when dividing the marital property according to the specific circumstances;
10. Personal property before marriage is naturally damaged, consumed or lost in married life. If one party claims compensation with the joint property of husband and wife during divorce, it will not be supported.
Second, how to divide the house when the second married couple divorced?
1. At the time of divorce, the property jointly owned by the remarried couple shall be handled by both parties through consultation. If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the woman and children;
2, remarried couples * * * part of the property, in principle, should be equally divided, the specific treatment according to the actual needs of production and life and the source of property, and so on and so forth. Can also be different;
3. Houses shared by husband and wife that are not suitable for split use should be distributed to one party according to the housing situation of both parties and the principle of taking care of the woman or the innocent party. The party who gets the house should compensate the other party for half the value of the house. When the conditions of both parties are equal, the woman should be taken care of;
4. The house with marriage relationship belongs to one party, and the other party asks for temporary residence on the grounds of divorce without residence. After investigation, temporary residence can be granted according to the actual situation, but generally it does not exceed 2 years.
To sum up, the transfer of divorced real estate is to divorce first and then transfer. After divorce, the way of property division is as follows: whether the property belongs to the spouse or the individual; The property jointly owned by husband and wife can be divided by both parties through consultation, or the people's court can make a judgment according to the specific circumstances of the property and in line with the principle of taking care of the rights and interests of the children, the woman and the innocent party.
Legal basis:
Article 1078 of the Civil Code of People's Republic of China (PRC)
The marriage registration authority shall register and issue a divorce certificate if it finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling.
Article 1087
At the time of divorce, the property of husband and wife shall be handled by mutual agreement. If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of children, wives and innocent parties.