After the divorce, both parties can negotiate the division plan of the house. Generally speaking, the treatment method is that one party obtains the ownership of the house, the other party obtains the house discount, and the remaining bank loan is repaid by the party that obtains the ownership of the house.

Divorce also involves the transfer of the house when dealing with the house. Because there are still outstanding loans in the house, after the party who has obtained the ownership of the house repays the loan, the other party has the obligation to cooperate with the house transfer procedures. This also needs to be clearly stipulated in the divorce agreement, including who will bear the cost of house transfer.

If the other party does not cooperate with the transfer formalities, the party who has obtained the ownership of the house may bring a lawsuit to the court and ask for cooperation in the transfer formalities.

legal ground

Article 39 of the Marriage Law

At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

Judicial Interpretation of Marriage Law (II) Article 8

The provisions on property division in the divorce agreement or the property division agreement reached by the parties due to divorce are legally binding on both men and women.

The people's court shall accept the lawsuit brought by the parties for disputes arising from the performance of the above-mentioned property division agreement.