2. If the loan is not settled, the bank will not agree.
The name of an uncovered house cannot be directly subtracted. After the loan is settled, the number of people will decrease after the mortgage registration is cancelled. According to the 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. According to the relevant laws and regulations, 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.
Yes, but the biggest premise is to pay off the mortgage first, because the mortgage loan contract is not agreed to be changed unless one party dies unexpectedly or other force majeure. After paying off the loan, go to the Housing Authority to handle the corresponding transfer procedures. When you say minus one name, you will transfer the property right of another name to your name, and the related deed tax and transaction fee will also be paid, but it will be charged at half the value of real estate assessment.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 214 The establishment, alteration, transfer and extinction of the real right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register.
Article 215 A contract concluded between the parties on the establishment, alteration, transfer and extinction of the real right of immovable property shall become effective upon the establishment of the contract, unless it is otherwise provided by law or agreed by the parties. Failure to register the real right shall not affect the validity of the contract.
Article 216 The real estate register is the basis for the ownership and content of real right.
The real estate register is managed by the registration agency.
Article 217 The certificate of ownership of immovable property is the proof that the obligee enjoys the real right of immovable property. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.
Article 218 The obligee or interested party may apply for inquiring and copying the registration materials of real estate, and the registration institution shall provide them.
Article 219 An interested party may not disclose or illegally use the real estate registration materials of the obligee.
Article 220 If the obligee or interested party thinks that the items recorded in the real estate register are wrong, it may apply for correction of registration. If the obligee recorded in the real estate register agrees to make corrections in writing or there is evidence to prove that the registration is indeed wrong, the registration institution shall make corrections.
If the obligee recorded in the real estate register has any objection to the correction, the interested party may apply for objection registration. The registration authority shall register the objection. If the applicant fails to file a lawsuit within 15 days from the date of objection registration, the objection registration shall be invalid. If improper registration of objections causes damage to the obligee, the obligee may claim damages from the applicant.
Article 221 Where a party signs a house purchase and sale agreement or other agreement on real right of immovable property, it may apply to the registration authority for advance notice registration in order to ensure the realization of real right in the future. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur.
After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within 90 days from the date when the real estate registration can be carried out, and the advance notice registration is invalid.
Article 222 Where a party applies for registration by providing false materials, thereby causing damage to others, it shall be liable for compensation.