Legal analysis: Yes, but first of all, we must pay off the loan and cancel the mortgage. After the property rights are clear, both husband and wife hold ID cards, real estate licenses, marriage certificates and other materials to the relevant departments for the registration of real estate licenses. If the house has a loan, adding the name will lead to the inconsistency between the collateral and the loan contract, and the housing management department may not pass the formal mortgage. In addition, it also involves a series of issues such as filing, so the real estate license handled during the repayment period cannot increase property rights. During the marriage, the spouse's name can be directly added to the real estate license. If the property belongs to both husband and wife during the marriage, even if only one person's name is written on the real estate license, it is considered as the same property of both of them. Therefore, during the marriage, if you need to add the name of the real estate license, you only need to bring the marriage certificate, two house certificates, the original and copy of your ID card to the "change registration" window of the real estate transaction center.
Adding a name to the real estate license should also pay attention to two points:
1. Timing of adding names: The process and cost of adding names before marriage and after marriage are different. If the house is purchased before marriage, it belongs to the property of one party before marriage. If the other spouse needs to add a name after marriage, it is necessary to reduce the name according to the real estate license, which is actually equivalent to one of them giving up the property rights of the house. Therefore, when handling the real estate license, the process of adding the name is similar to that of the real estate license, and the relevant procedures need to be handled.
2. Name adding object: If the name of spouse, children, parents or immediate family members is added to the real estate license, the operation steps will be different. It is recommended to consult the local housing management department in advance to understand the relevant precautions. In addition to adding names, real estate licenses also support subtracting names. In fact, the name reduction on the real estate license is equivalent to one party giving up the property right of the house, so the process of name reduction on the real estate license is similar to the process of name addition on the real estate license, and relevant procedures need to be paid. Therefore, under normal circumstances, it is not allowed to add a name to the real estate license without paying off the loan, but this can only be determined after consulting the housing management center and the loan bank. If one party does not agree, there is no way to add a name to the real estate license.
Legal basis:
Article 17 of the Regulations of People's Republic of China (PRC) Municipality on Household Registration
When the contents of household registration need to be changed or corrected, the head of household or himself shall report to the household registration authority; If it is verified through examination, the household registration authority shall change or correct it. When the household registration authority deems it necessary, it may require the applicant to issue a certificate of change or correction.