The house has a loan because it can be transferred after divorce.
1. In principle, the house cannot be transferred if the mortgage has not been repaid after divorce, because the transfer requires that the property has no legal disputes, no planned demolition, and no mortgage;
2. If it is really necessary to transfer , you can redeem the property certificate by repaying the loan in advance or through a loan company;
3. Another method is to negotiate with the lending bank, change the lender, and re-sign the housing loan mortgage contract;
4. After the loan is paid off, the property rights can be transferred so that the other party can obtain the property rights of the house.
Taxes on real estate transfer:
1. Deed tax: levied at different proportions according to the area and nature of the property;
2. Personal income tax: If If the property is not the only residence or has been held for less than five years, you may need to pay;
3. Stamp duty: a certain proportion of tax is levied according to the amount of the real estate transaction contract;
4. Land Value-added tax: If the price of the property when sold is higher than the purchase cost, it may be required;
5. Registration fee: a fee that needs to be paid to the property registration authority when transferring the property.
To sum up, in principle, a house with an unpaid mortgage after divorce cannot be transferred, but it can be transferred by repaying the loan in advance, redeeming the property certificate, or negotiating with the lending bank to change the lender. After the loan is repaid, the other party can transfer the property rights and obtain the property rights of the house.
Legal basis:
"The People's Republic of China and the Civil Code"
Article 1089
Divorce In this case, the husband and wife's debts must be repaid jointly. If the property of the two parties is insufficient to repay the debt or the property belongs to each other, the two parties shall agree to repay the debt; if the agreement fails, the People's Court shall make a judgment.