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Common provident fund loan for husband and wife. Can it be transferred to a person after divorce?
After the divorce, the husband and wife need to obtain the consent of the loan bank and the provident fund management center before the provident fund loan can be transferred to one party's name.

Legal basis: People's Republic of China (PRC) (China) Property Law.

Article 19 1

During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, he shall pay off the debts to the mortgagee in advance or deposit the proceeds from the transfer. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.

During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except that the transferee pays off the debts and extinguishes the mortgage on his behalf.

People's Republic of China (PRC) (China) Contract Law

Chapter V Alteration and Assignment of Contract

Article 77 The parties may modify the contract through consultation.

Where laws and administrative regulations stipulate that the alteration of a contract shall go through the formalities of approval and registration, such provisions shall prevail.

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