1, mortgage transfer is very convenient. If your divorce method is divorce by agreement, the divorce agreement directly States who owns the house and who owns the mortgage, and then it is very simple to rename the property between your husband and wife. You can change your name directly at will, and there is basically no charge.
2. If the divorce is conducted through litigation, the divorce decision issued by the court is also legally binding. You can go to the bank with the divorce certificate and agreement, and the household registration book is enough. Under this premise, the buyer of the house must be able to repay the loan, and the unit needs to give him a salary to prove that the loan can be done. However, although the house has been transferred to his name, both of you have mortgage records. In other words, the next time you buy a house, it may be your second suite and second suite. If you want to refinance, the down payment may be higher and the interest rate may be higher.
The property purchased by both husband and wife with the same loan belongs to the joint property of both husband and wife, so the outstanding loan also belongs to the joint debt of both husband and wife, so both parties should bear the repayment obligation. When the two break up and divorce, the debt still needs to be repaid by both husband and wife. However, if the husband and wife negotiate, they can also be repaid by one of them. If the party who buys a house after divorce is unable to pay the house loan, the bank still has the right to recover from its spouse. After the party that has not obtained the house repays the house loan to the bank instead of the other party, the compensation party may claim compensation from the other party. Foreign or bank, debtor or both, the bank can recover from either party.
Legal basis:
Article 1087 of the Civil Code of People's Republic of China (PRC)
At the time of divorce, the 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.