According to relevant laws and regulations, houses can only be transferred without legal disputes, unplanned demolition and mortgage. Specifically, after divorce, the transfer of mortgaged houses includes the following three types: First, the mortgaged house shared by both divorced parties is transferred to the original husband and wife, and both divorced parties need to apply for the registration of the ownership of the divorced house, change the name registration of both divorced parties to the original husband and wife, and the transferor will continue to pay the mortgage according to relevant regulations. Two, the mortgage house owned by a divorced party is transferred to the other party, and the bank loan must be paid off first. The third is to transfer the same mortgaged house to a third person, and the divorce parties must pay off the bank loan or the third party can pay off the loan for the divorce parties before performing the corresponding transfer procedures.

legal ground

Article 1087th of the Civil Code of People's Republic of China (PRC) stipulates that in case of divorce, the joint property of husband and wife shall be handled by mutual agreement; 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. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law. Article 1089 At the time of divorce, husband and wife shall jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.