If you want to transfer the ownership of the mortgaged house to your wife, because you can't register the transfer, you can confirm it through mutual agreement and hand it over to the notary office for notarization. The agreement signed by husband and wife before marriage is different from that signed after marriage. Sign a prenuptial property agreement before marriage, and sign a marital property confirmation agreement or a marital property gift agreement after marriage.
The process of notarization:
1, materials need to be prepared. Need to provide personal identification, such as ID card or household registration book. Proof of property ownership related to the agreed contents, such as real estate license, house purchase contract without real estate license, payment invoice, etc. Agreement drafted by both parties;
2. Fill in the relevant forms in person at the notary office. After preparing the above materials, both parties must go to the notary office for notarization in person and fill in the notarization application form;
3. The notary checks the relevant information. After the notarization application is accepted by the reception notary, the notary will check the contents of the property agreement, prove the property rights, and inquire whether the contracting of the parties has been deceived or misled. After the parties cooperate with the notary to complete the notarization conversation, they shall sign the record for confirmation.
4. After the notary checks the information, both parties sign the prenuptial property agreement in front of the notary.
To sum up, the ownership of the mortgaged house is transferred to the wife. As it is impossible to handle the transfer registration, it can be confirmed by both parties through agreement and notarized by the notary office.
Legal basis:
Article 5 of the Civil Code of People's Republic of China (PRC)
Civil subjects engaged in civil activities should follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes.
Article 6
Civil subjects engaged in civil activities should follow the principle of fairness and reasonably determine the rights and obligations of all parties.
Article 8
Civil subjects engaged in civil activities shall not violate the law or public order and good customs.
Article 1063
The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.