Housing transfer must be free from legal disputes, unplanned demolition and mortgage. To transfer the mortgaged house, you must pay off the bank loan first.

There are two kinds of transfer cases of divorce loan houses:

Transfer all mortgaged houses owned by divorced parties to the original husband and wife.

Transfer the mortgaged house owned by one divorced party to the other party.

If this is the case, you need to pay off the bank loan. If the loan is not paid off for the time being, the divorced party can apply to another bank for re-mortgage in its own name, and then cancel the mortgage in the bank's real estate license for transfer.

The method of transferring the mortgaged house to one party after divorce is as follows:

1. The mortgaged house jointly owned by the divorced parties is transferred to the original husband and wife. In this case, to solve the problem of mortgage house transfer after divorce, both divorced parties need to apply for the registration of divorce house ownership, change the name registration of both divorced parties to the original husband and wife, and the transfer party will continue to pay the mortgage according to relevant regulations;

2. Transfer the mortgaged house owned by one divorced party to the other party. If this is the case, you need to pay off the bank loan. If the loan is not paid off for the time being, the divorced party can apply to another bank for remortgage in its own name, and then cancel the real estate license mortgaged in that bank for transfer;

3. It is to transfer the mortgaged house shared by both divorced parties to a third person. In this case, to solve the problem of mortgage house transfer after divorce, the divorced parties must pay off the bank loan or the third party can pay off the loan for the divorced parties before performing the corresponding transfer procedures.

What supporting documents should be provided for divorce property division?

Proof of divorce property division:

(1) What personal property did both parties have before marriage? If so, please provide the name, quantity, specifications, old and new degree and value, purchase time, storage place, etc.

(2)*** The evidence of property to be provided is the same as personal property.

(3) Whether the two parties have jointly purchased private real estate, if so, provide the location, house number, number of houses, orientation, construction area and use area, current use status and value of the house.

(4) Whether there are * * * securities such as deposits, bonds and stocks. If yes, account number, account name, name and address of the bank where the account is opened, and is it a time deposit or current deposit certificate? Who owns it now?

(5) Cash situation: RMB, Hong Kong dollars and foreign currencies, and provide evidence such as specific amount and holder.

(6) Provide proof of financial status, such as partnership shares and individual business.

(7) Creditor's rights: the amount of creditor's rights and other information of the debtor.

(8) Debt: provide relevant evidence.

(9) The economic income of both parties (salary, bonus, allowance, subsidy, etc.). ).

To sum up, the bank loan must be paid off before the mortgage house is transferred.

Legal basis:

Article 208 of the Civil Code of People's Republic of China (PRC)

The establishment, alteration, transfer and extinction of the real right of immovable property shall be registered according to law. The establishment and transfer of the real right of movable property shall be delivered according to law.

The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.