The main lender of the house is me. After the divorce, I need to divide the house and debt into three situations.
1, house property right
After divorce, the property rights of the house also need to be clearly allocated. No matter how many people's names are on the real estate license, no matter whether there is a spouse's name on the real estate license, this house belongs to the joint property of husband and wife.
2, clear output value
At the time of divorce, the output value of the house needs to be calculated clearly before the subsequent income can be calculated. The output value of the house needs to be calculated according to the market value at the time of divorce, not according to the original purchase contract amount.
3. The loan part shall be calculated separately.
When real estate and house are divided, the equity part of the house needs to be calculated in detail, and the loan part also needs to be calculated in detail.
If there is a specific repayment problem between husband and wife, it will be done according to the agreement. If there is no agreement, the loan needs to be repaid equally by two people.
If the court decides to give the house to the husband, then the wife needs to go through the transfer formalities, and the repayment responsibility also belongs to the husband, and the wife does not need to bear the mortgage, and vice versa.
If you want to handle the transfer smoothly, you'd better pay attention to the following points:
1. It is best to stipulate the penalty measures for breach of contract in the divorce agreement to avoid the other party's unwillingness to cooperate with the transfer.
2. Confirm that the divorce agreement has been filed in the civil affairs department where the divorce is located; If the agreement is signed after divorce, it is best to go to the notary office for notarization.
3. When handling the transfer, you need to go to the bank to apply for changing the main lender. If the husband is the main lender and the house happens to be the husband's, there is no need to make a second change, but the name of the sub-lender needs to be crossed out, because the wife does not have to bear the responsibility of repayment.
If it does not involve bank loans, the parties go to the real estate trading center to handle the formalities of property right change, and the real estate trading center generally requires both husband and wife to be present. After divorce, both parties need to be honest and cooperate with each other, just like the general contract parties.
To sum up, as long as the husband and wife reach a divorce agreement on the division of real estate, and the main lender changes after the divorce between the main lender and the sub-lender, the bank will generally agree and cooperate with the loan contract change procedures.
Legal basis:
Article 1089 of the Civil Code of People's Republic of China (PRC) divorce.
The joint debts of husband and wife shall be repaid jointly. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.