If the mortgage loan of the house and the bank has not been paid off when the husband and wife divorce, it is quite troublesome for the husband and wife to handle the house transfer formalities after divorce through agreement or judgment. The main reason for the trouble is that according to the provisions of China's property law, the mortgage registration of houses is restricted for transfer procedures, with the aim of protecting the interests of real estate mortgagees.

In judicial practice, there are only two ways to handle the transfer formalities after divorce of houses with mortgage loans:

One of the simplest ways is to repay the loan in advance and cancel the mortgage registration of the bank mortgage loan;

In the case that the parties are still unable to pay off the bank mortgage loan in one lump sum, they can negotiate with the lending bank, change the lender and re-sign the housing mortgage loan contract.

Only when the above conditions are met, the real estate registration management department will divorce and transfer the mortgage.

I hope the above answers can help you solve the problem.

2. Can I add my spouse's name if the house loan is not paid off?

You can add something. 1, the mortgage has been paid off: if the mortgage has been paid off, the process of adding names between married couples is very simple. Both husband and wife only need to bring their ID cards, household registration books, marriage certificates and real estate licenses, and go directly to the local housing management department to add the name of the real estate license. If approved, they will generally get a new real estate license within 20 working days. 2. The mortgage has not been paid off: If the property is still paid off, the process of adding the spouse's name is much more complicated. First of all, both husband and wife need to go to the bank to change the mortgage. After the bank is approved, it will go to the local housing management department to handle the transfer again. Generally, you will get a new real estate license after 7 working days, and then go to the bank to apply for a mortgage. Second, how much does it cost to add the name to the real estate license? If the mortgage has been paid off, there is almost no extra cost except a little cost and handling fee. On the other hand, if the loan has not been paid off, the cost is relatively complicated, including the handling fee for the mortgage cancellation and mortgage process. Please consult the handling bank for details. Third, what should I pay attention to when adding a real estate license? 1. Timing of adding names: The process and cost of adding names before marriage and after marriage are different. If the house is purchased before marriage, it belongs to the property of one party before marriage. If the other spouse needs to add a name after marriage, the property right change shall be handled according to the real estate transaction process. In this case, it is often necessary to pay deed tax, personal income tax and other expenses. Name adding object: If the name of spouse, children, parents or immediate family members is added to the real estate license, the operation steps will be different, and adding spouse is the simplest relative to other relatives. It is recommended that the public consult the local housing management department in advance to understand the relevant precautions. Legal basis: Article 209 of the Civil Code of People's Republic of China (PRC) stipulates that the establishment, alteration, transfer and extinction of the real right of immovable property shall become effective after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered. Article 210 The registration of immovable property shall be handled by the registration institution where the immovable property is located. The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.

Third, the loan has not been paid off. Can couples change their names?

In fact, this matter has nothing to do with whether your lover paid off before marriage, because you have already bought it once. The problem now is that in a city with unlimited loans and purchases, as long as the provident fund loan has been paid off, and it is the second suite shared by both husband and wife, it is no problem to be the third suite.

4. Can the husband and wife change their names when the loan is not paid off?

With the consent of the bank and the developer, the name on the contract is changed without filing with the Construction Committee.