Current location - Loan Platform Complete Network - Bank loan - What should I do with the name of the real estate license after the mortgage is not paid off?
What should I do with the name of the real estate license after the mortgage is not paid off?
Legal analysis: both parties are divorced and the property is still under loan, so the name of the property cannot be changed. The loan has not been paid off, and the property right has been mortgaged to the bank, which does not belong to both husband and wife. Neither party has the right to change the name of the house. After the loan needs to be paid off, apply for the real estate license, and then change the name. Both parties can write the details of housing division into the divorce agreement, and both parties can sign and press their fingerprints. After the housing loan is paid off in the future, the transfer will be handled according to the divorce agreement.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.