1. Because the house still has a loan, the real estate license is still mortgaged in the bank, and the house is not fully owned, both husband and wife should negotiate and sign a divorce agreement. However, if negotiation fails, the people's court can decide the ownership of the house, and the judgment needs to be based on some principles.
2. If the house still belongs to the lender and the other party has the same loan repayment, one party will return the money paid by the borrower to him and give him some compensation. If you want to transfer the house to another party's name, but he is not the lender, in this case, it is best to pay off the loan of the house first, get the certificate of other rights, and then go to the Housing Authority to go through the formalities of property right change before you can handle the transfer. According to the relevant laws and regulations, the property of husband and wife is handled by mutual agreement at the time of divorce; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
Personal debts of husband and wife are as follows:
1, the premarital debt of one spouse.
2, the husband and wife agreed in accordance with the law by the individual debt. If the husband and wife agree to share the debts belonging to the same life, they can be regarded as personal debts of the husband and wife. In principle, this agreement has no antagonistic effect on creditors, unless the creditors know the agreement in advance or ratify it afterwards.
3. Debts incurred by one spouse due to unreasonable personal expenses such as gambling, drug abuse and alcoholism.
4. In the will or gift contract, it is determined that the property belonging to only one spouse is the personal property of one spouse, and the debts accompanying the will or gift contract should also be borne by the party accepting the will or gift alone, and the other party has no obligation to pay off.
5. Without the consent of the other party, one of the spouses subsidizes the debts undertaken by the person without the obligation to support.
6. The income from the debts incurred by the husband and wife independently raising funds to engage in production or business activities without the consent of the other party is really not used for living together.
7. Other debts that should be borne by individuals according to law. Including debts incurred by one spouse due to illegal and criminal acts or torts.
To sum up, after divorce, the one who does not directly raise the child has the right to visit the child, and the other party has the obligation to help. The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment. If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the visit according to law; After the reasons for suspension disappear, the visit should be resumed.
Legal basis:
Article 1076 of the Civil Code of People's Republic of China (PRC)
If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.