Husband and wife bank loans can be transferred to one person. When a husband and wife divorce, they should divide their common property and debts. Husband and wife can negotiate or the court can decide the division of property and debt, and one party will be responsible for the outstanding loan. Under normal circumstances, as long as the court verdict is provided, the divorce certificate bank will agree to change the lender's procedures. However, during the marriage relationship, the husband and wife's bank loan cannot be transferred to one person's name, and only the husband and wife property agreement can be concluded.
According to "the Supreme People's Court's Interpretation on the Application of the Civil Code of People's Republic of China (PRC)": Marriage and Family (1) Article 78 stipulates that one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the joint property of the husband and wife after marriage. If the property is registered in the name of the down payment payer, the property will be handled by mutual agreement at the time of divorce. If no agreement can be reached, the people's court will generally rule that the house belongs to the real estate registration party, and the outstanding loan is the personal debt of the real estate registration party. The amount paid by both parties to jointly repay the loan after marriage and the corresponding value-added part of the property should be judged according to the specific situation of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party at the time of divorce.
However, if the real estate sales contract is signed during the marriage relationship, whether it is registered in the names of both husband and wife or in the names of either party, according to Article 1087 of the Civil Code of People's Republic of China (PRC), at the time of divorce, the joint property of husband and wife shall be handled by both parties through consultation. If negotiation fails, the people's court will make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, the woman and the innocent party.