If you have a loan for your house, you can disburse the property. If the house to be divided is under mortgage, the mortgagee, that is, the loan bank, needs the cooperation to register the property or settle the loan. Each bank has different methods for divorce and property settlement. Generally speaking, in addition to going to the bank to sign relevant documents, customers generally need to provide corresponding guarantees.
What does real estate division mean?
1. The so-called real estate division is to divide the owned real estate according to the signed agreement, combined with laws and regulations, and according to certain standards. After success, It will belong to the owner. Such an action is called real estate settlement.
2. Generally speaking, when divorce occurs or when inheritance or family separation is required, the property must be settled first, and then the property may be settled through the People's Court. inherit.
3. Property analysis also needs to meet certain principles, such as protecting the integrity of the house to the greatest extent and not damaging the existing value of the house. If you choose to sell your house, you will eventually get the corresponding house payment.
How to handle the divorce and estate settlement procedures for a mortgaged house
The general process is as follows:
1. Go to the notary office to obtain notarization of the estate settlement. However, if the ownership of the house has been stipulated in the divorce judgment or divorce agreement (filed with the Civil Affairs Bureau), you no longer need to apply for notarization of the estate;
2. Handle matters stipulated by the mortgage bank;
< p>3. Go to the Housing Authority to apply for deed tax exemption;4. Go to the Housing Authority to register for divorce and property settlement (times vary in each district) and pay the registration fee;
5 , Receive the new real estate certificate and other rights certificates.
Note:
a. Generally speaking, only one person (the party who obtained the property rights through the agreement) can handle the house management procedures, without the cooperation of the other party.
b. If the divorce agreement stipulates that one party must compensate the other party with funds to obtain the ownership of the house, proof of fund transfer must be provided when handling the house management procedures.