Legal analysis: The house with mortgage loan can be transferred to the children after divorce. Complete the transfer procedures before the divorce is official. It is necessary to pay off the loan owed to the property that is to be transferred and renamed, and go to the real estate trading hall in the area where the house is located to go through the name change procedures; 2. If the loan cannot be paid off temporarily, the divorced party can apply to another bank for a remortgage in his or her own name. After the bank's real estate certificate is released, go through the transfer process. 3. Go to the notary office where the mortgaged house is located to handle the real estate notarization. After the property is notarized, one party will continue to use the original mortgagor's bank card to pay the loan.
Legal basis: Article 1079 of the "People's Republic of China and Civil Code" If one spouse requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted. If mediation fails under any of the following circumstances, divorce shall be granted: (1) Bigamy or cohabitation with others; (2) Domestic violence or abuse or abandonment of family members; (3) Gambling, drug abuse and other bad habits that persist despite repeated admonitions; (4) Separated for more than two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between the couple. If one party is declared missing and the other party files for divorce, the divorce shall be granted. After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.
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