When the husband and wife divorce, the house is in the repayment period, and the transfer can only be made after the loan is paid off. However, if the parties reach an agreement with the bank through consultation, the mortgage can be transferred, and the bank can handle the house transfer registration after issuing a certificate. 1. After marriage, the husband and wife buy a house and pay the mortgage:

Husband and wife bank loans belong to the same debt of husband and wife, and they are jointly and severally liable for the debt. Both parties can sign an agreement, clearly stipulating that the house is owned by one party, and one party shall undertake the repayment obligation and return the house purchase price and interest paid by the other party. At the same time, when it is agreed that the loan can be transferred, the other party shall stipulate the liability for breach of contract of both parties.

2. One party pays the down payment before marriage and repays the loan after marriage:

If both parents contribute to the purchase of a house before marriage, the contribution shall be regarded as a personal gift to their children, except that the parents expressly give it to both husband and wife. Because the real estate license has been handled before marriage, it should be recognized as pre-marital property. The remaining housing loans are jointly repaid by the husband and wife after marriage, and the part of the house that increases in value after marriage is regarded as the property of the husband and wife after marriage.

3. Where Party A and Party B jointly contribute to purchase the mortgaged house before marriage, but the house is registered in the name of one party:

Although Party A contributes capital, the house is registered in the name of Party B, and the house is still Party B's personal property, and the mortgage loan is also Party B's personal debt. However, the part of the down payment that belongs to Party A's contribution and the part of the returned loan that belongs to Party A's settlement shall be returned.

legal ground

Article 406 of the Civil Code of People's Republic of China (PRC) * * * During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected.

Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.