1. If the house belongs to pre-marital property, one spouse can do it, but only the one who can own the property can handle the property;

2. If it is the joint property after marriage, it belongs to the joint property of husband and wife, because husband and wife have equal rights to dispose of the property jointly owned, so one party must obtain the consent of the spouse when disposing of the property during the marriage.

Husband and wife property transfer process is as follows:

1. Both husband and wife bring relevant materials to the real estate management trading office in the area where the house belongs to apply for the change of property rights. Real estate management transactions will review the materials provided by both husband and wife. If the application meets the requirements, the Housing Authority will submit it to the Municipal Housing Property Registration Office after preliminary examination;

2, land change registration procedures to accept the application, the information is complete to be accepted, the information is incomplete or irregular, explain the reasons, the materials to be paid, and explain the materials to be paid and the time limit for payment, after the information is complete to be accepted, and issue an acceptance receipt;

3, property rights audit, registration personnel to review the information, field investigation, if the application meets the requirements, it will be reported to the superior for approval until the final audit stage;

4. Pay the fee and get the certificate. The applicant shall pay the relevant fees with his/her ID card or agent's power of attorney and his/her ID card to the municipal housing property registration office, and then receive the house ownership certificate.

To sum up, one spouse cannot jointly mortgage the property, but the other spouse needs to agree to mortgage the property. Husband and wife have equal rights to dispose of jointly owned property, and the disposal of property by one spouse during the existence of the relationship between husband and wife requires the consent of one spouse.

Legal basis:

Article 1062 of the Civil Code of People's Republic of China (PRC)

The following property acquired by husband and wife during the marriage relationship is the joint property of husband and wife, which is jointly owned by husband and wife:

(1) Wages, bonuses and remuneration for labor services;

(2) Income from production, operation and investment;

(3) Income from intellectual property rights;

(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;

(5) Other property that should be jointly owned.

Husband and wife have equal rights to dispose of common property.