Basically, it can't be changed, because the bank will basically not agree. It still belongs to husband and wife. Although the house is agreed to be owned by the other party and repaid by the other party, as one of the lenders, it still has the obligation to repay. The repayment agreement between you two is invalid for the bank. The other party can repay the loan normally, regardless of the bank, but if the other party fails to repay the loan on time, the bank will find both parties to repay the loan together. If you don't pay off the credit, it will have an impact, and if you don't pay off your own loan, you may limit the loan.

What if the divorced house belongs to the other party, but my name is on the mortgage?

After divorce, you can go to the relevant bank to go through the loan renaming procedure. If the house is purchased with a provident fund loan, both parties can go to the provident fund management center, bring their ID cards, divorce agreements, judgments or mediation documents, and go through the loan renaming procedures. If you use a commercial loan when buying a house, you need to bring the above materials to the bank where the loan is located for renaming. In this case, renaming requires the consent of the creditor, that is, the bank. The loan generated when buying a house is the same debt for husband and wife. Even if both parties divorce, it is agreed that one of them will bear the debt, but all parties still have to bear joint and several liabilities for the debt, which is the protection of creditors. In the case of loans overdue, the creditor may demand repayment from either party. The party that should not bear the debt may recover from the other party after repaying the loan.

Article 1089 of the Civil Code: At the time of divorce, the husband and wife jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

According to article 1064 of the Civil Code, the debts incurred by both husband and wife with the same signature or by one party after the event, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.

Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

Article 1060 of the Civil Code stipulates that civil juristic acts carried out by one spouse for the needs of family daily life are valid for both spouses, unless otherwise agreed by one spouse and the other. The restriction between husband and wife on the scope of civil legal acts that one party can implement shall not be against the bona fide counterpart.

Will the house be mine after paying off the mortgage? Do you need to do anything else?

Many people think that the house is his after the mortgage is paid, but it is not. We also need to do the following two things. First, the first one is to open a settlement certificate and get other warrants. If it is a provident fund loan, you need to go to the provident fund center to get this other warrant. Secondly, the second step is to go to the bank to understand the mortgage procedures. If you have gone through the guarantee procedures before, you need to cancel the guarantee procedures first and then cancel the mortgage registration.

Many people think that as long as the mortgage is paid off, the house will become their own. This is true in theory, but it is not entirely true. Some procedures still need to be done, so we can't ignore them. We still need to go through the following two steps to confirm that this house is really our own.

First of all, the first step is to open a settlement certificate and get other warrants. When we pay off the mortgage, we must go to the bank and ask him to give you a loan settlement certificate. The bank will stamp a loan repayment stamp on your real estate license to prove that you have paid off the loan. We have to get other search warrants back from the bank. If it is a provident fund loan, you need to go to the provident fund center to get this other warrant.

Secondly, the second step is to go to the bank to understand the mortgage procedures. Be sure to bring your own proof of settlement, other warrants, ID cards and real estate licenses to the real estate management center for mortgage procedures. Because we know that the mortgage is a mortgage loan and the collateral is the house you bought, this house belongs to the bank. Before the mortgage registration is revoked, your house is still in a state of mortgage, and you have the right to live, but no property rights. Only when they know the mortgage situation, will they stamp your real estate license, cancel the mortgage registration, and they will take back other warrants, and then the house will be yours. The whole processing time is about 20 days, and there is no extra cost except the production cost. If you have gone through the guarantee procedures before, you need to cancel the guarantee procedures first and then cancel the mortgage registration.

Only by completing the above steps can the house truly belong to you.

Mortgage has always been my divorce. Whose house is this?

Mortgage has always been my divorce. Whose house is this?

Mortgage has always been the owner of my divorced house. After divorce, the division of divorced property is one of the main objections, especially how to divide the divorced property. Many families also use fake divorce to buy houses, which leads to differences. The following is an introduction to the mortgage that has always been the owner of my divorced house.

Mortgage has always been the reason for my divorce. Whose house is this? 1

First, how to divide the divorced real estate

The Marriage Law requires that the problem of how to divide the divorced property of husband and wife can be roughly divided into the following categories:

1. If one party pays all the purchase price and obtains the house book before marriage, it belongs to the property before marriage, and the property before marriage belongs to one party. When divorcing, the other party can't agree on division. If one party pays all the house purchase money before marriage and gets the house book after marriage, it also belongs to the property before marriage, and the other party cannot agree on the division when divorcing.

2. Pre-marital couples buy houses with real estate mortgage loans, and each household has one real estate registration certificate. However, after marriage, if the husband and wife repay each other's loans, the ownership and division of the house at the time of divorce can be divided into the following three situations:

Before marriage, one of the husband and wife bought a house with a real estate mortgage loan, and the term of real estate ownership was recorded in their respective names. Houses belong to property, and housing loans are their own debts. If the immediate family members participate in the loan repayment after marriage, the property rights of the house will not be changed. When divorcing and dividing assets, the repaid part of the loan belonging to the immediate family should be returned. The part of joint repayment, whether it is one party's repayment or the other party's salary repayment, is judged as joint repayment by husband and wife. If the buyer can confirm that the repayment assets are my pre-marital property, the house is property and the other party cannot divide it.

The real estate registration certificate is filed under one household, but the immediate family members have direct evidence to prove that both parties jointly invested in buying a house before marriage, and can prove that the house purchased before marriage is jointly invested by both parties. Therefore, although the house is filed under one household, it is still the same property, and it is divided according to the divorced property of both parties when divorced. When dividing the real estate, if there is a big difference in the amount of capital contribution between the two parties, and they have no food, clothing, housing and transportation or a short time after marriage, we should take this factor into account and divide the real estate with reference to the proportion of capital contribution at that time, instead of sharing it equally.

The real estate registration certificate is registered under one household, but the immediate family members have direct evidence to prove that the house was jointly funded by both parties before marriage. Only if there is no evidence to prove that both parties agree that the house belongs to the other party, then the house is the property of the registrant at the time of divorce, and the unpaid debt is my debt, but the down payment and repaid loan belonging to the immediate family members should be returned.

3. After marriage, if the other party contributes to acquire the right to the house, the house is the same property. When the divorce property is divided, no matter whether the real estate license is the name of one party or the name of the other party, it is the same property; When splitting, it is calculated according to the market price, not according to the amount in the order contract at that time; If loans are involved, you need to remove some loans first.

4. Mom and Dad invest in buying a house for their children. How should children be divided after divorce?

Article 22 of the Supreme Law of Marriage Law requires that the investment made by parents before marriage shall be regarded as a gift to their children, unless otherwise agreed; The contribution made by mom and dad after marriage is regarded as a gift to both husband and wife, unless otherwise agreed.

Second, fake divorce to buy a house

False divorce means that one or both spouses have no real intention to divorce, but they express their intention to divorce because of collusion or influence from the other party.

False divorce includes two situations:

One is conspiracy to divorce,

The second is divorce. Conspiracy to divorce refers to the individual divorce behavior in which defendants collude with each other for a common or separate purpose and remarry after the purpose is achieved.

Although the fake divorce has gone through the divorce formalities, there is no condition for divorce. Therefore, for the legal effect of fake divorce, we should distinguish the following two situations:

1. If the defendant falsely reports that he is not married to a third person, his divorce can be declared invalid.

2. If one of the divorced defendants falsely reports or the other party has married a third person, it shall be deemed that the second marriage is reasonable. At this time, the claim that the false divorce was told to ask for death declared the divorce invalid, and the original false divorce clearly produced legal recognition.

What about buying a house with a fake divorce? It will be difficult to buy a house in a "fake divorce" in the future, because the personal credit report will reflect the joint debt of husband and wife. In other words, the joint debts of husband and wife can be searched by financial enterprises themselves, this time in a more immediate way.

Third, the divorce property transfer fee

There are many kinds of inheritance of general real estate, but buying and selling real estate is more common. However, when the husband and wife divorce, they will actually go through some property transfer procedures. As we all know, real estate inheritance in real estate sales must pay certain taxes:

1. Tax: the deed tax of the property is deducted by 2% of the total use value of the property; The contract stamp duty is deducted by 0.05% of the total use value of the property. According to the requirements of China's Marriage Law and the judicial department, when the husband and wife divorce, they must divide the existing property or immediately own it by one of them, and no deed tax is levied on the property. However, if the original property of either spouse changes during the divorce, the deed tax on the property shall be levied according to the personal behavior of the gift.

2. Expense category: Housing right filing expense: 80 yuan; Housing transaction costs: deducted by 2% of the total use value of the property; Cost: 20 yuan.

Mortgage has always been the reason for my divorce. Whose house is this? 2

How to divide the divorced property?

First, the new marriage law, the appreciation of real estate, how to divide the divorced property.

Article 5 of the third judicial interpretation of the new marriage law requires that the appreciation of the house purchased by one spouse before or after marriage belongs to the property of the other spouse. The appreciation of the house was not divided during the divorce.

Second, the new marriage law, the gift of derailed houses in marriage, and how to divide the divorced property.

The sixth point of the third judicial interpretation of the new Marriage Law requires that if one party gives the real estate to the other party before marriage or during the continuation of the relationship between husband and wife, the gift to the individual can be revoked without the transfer of property rights. In other words, the gift without property right transfer belongs to the gift without legal effect, which is very good. Let you marry the house. There is no transfer of property rights, and you can come back whenever you want. Therefore, many people want to give away real estate and transfer property rights first.

Third, the new marriage law, the other parents invested in buying a house, how to divide the divorced property?

Article 7 of Judicial Interpretation III of the new Marriage Law requires that the property purchased by the parents of the other party for their children after marriage is only regarded as a gift to the children of the other party, and the property is assessed as the property of the other party.

At this time, even if the house is bought by mom and dad after marriage, if the property right is filed in the investor's parents' children's household, it will also belong to the other party's property when divorced, and it will not be divided when divorced.

Four, the new marriage law, the other parents funded the purchase, how to divide the divorce property?

Article 7 of Judicial Interpretation III of the New Marriage Law requires that if the property purchased by the other parent is registered under the account of the other child, the property can be assessed as * * * owned by the other party according to the market share invested by their parents, unless the defendant has otherwise promised. In other words, mom and dad invest in the gifts that mom and dad give their children, and the other party can't divide them.

Five, the new marriage law, the other party buys a house before marriage, and repays each other after marriage. How to divide the divorced property?

Article 10 of the third judicial interpretation of the new marriage law requires the other spouse to sign a real estate sales agreement before marriage, pay the down payment with real estate, and the company will borrow money from the bank. After marriage, both husband and wife have property, and if the property is registered under the down payment account, the property shall be settled by both parties through consultation at the time of divorce. If no understanding can be reached according to the above requirements, the people's procuratorate may rule that the property belongs to the other party for property rights filing, and the outstanding loan is the debt of the other party for property rights filing.

In case of divorce, the other party shall make compensation to the other party according to the standards required in the first paragraph of Article 39 of the Marriage Law. At this time, for the house purchased by the other couple before marriage, even if the husband and wife repay each other after marriage, the house belongs to the other party who bought the house at the time of divorce, and the other party only gets the necessary compensation.

Six, the new marriage law, the house bought by housing loan, how to divide the divorce property.

The ownership of houses purchased through housing loans is varied. During the continuation of the relationship between husband and wife, both have to repay the same principal and interest as the mutually beneficial loan bank, so only the current use value of the house is evaluated and belongs to the husband and wife.

In view of the separation of housing ownership, combined with reality, it is divided into husband and wife's own property, which should be divided equally. According to the specific needs of manufacturing, food, clothing, housing and transportation, asset sources, etc., it shall be settled by both parties through consultation. According to Article 2 1 of Interpretation of Marriage Law (II) in China, it is only required: "In case of divorce, the people's procuratorate is not suitable for ruling the ownership of the house, and the defendant shall make a ruling according to the specific circumstances if there are objections to the house that has not obtained the right to use or has not obtained the full right to use.

"But it should be divided into two different situations:

First, the other spouse has paid for the house before marriage, so this house is undoubtedly the property of the other spouse before marriage.

Second, after marriage, the housing loan to repay the house shall be paid by both parties separately, and shall be owned by each husband and wife and divided according to the amount of mortgage loan.

How to calculate the transfer fee of divorced real estate can prevent divorce.

1. What's the cost of property transfer after divorce?

1, tax type:

1. 1, and the property deed tax is 2% of the production price;

1.2, the contract stamp duty is three ten thousandths of the production price.

2. Cost:

2. 1, and the appraisal fee is 80.00 yuan;

2.2. The transaction cost is 2% (at the production price);

2.3. The fee is 20.00 yuan.

Divided by the inheritance cost of divorced property, there are regional differences, so there are only 1 references around. Therefore, you can seek the help of professionals when dividing. When necessary, you can ask for the help of criminal defense lawyers.

Second, what raw materials must be inherited after divorce?

After divorce, if the house moves, it is generally to apply for filing with each other. The following materials must be submitted:

1, room book;

2, the applicant's identity certificate and a copy;

3. Divorce by agreement also needs to be submitted: divorce certificate and photocopy, divorce property ownership agreement, and a fair divorce property ownership agreement if the other party of the right holder applies for filing;

4. If divorce is decided, an effective judgment and a copy thereof shall also be submitted. If the judgment establishes the ownership of real estate, the other party of the obligee may apply for filing a case.