1. Prepare to transfer information;

2. Both parties * * * handle the property right transfer formalities with the local real estate management department; Notary office to do property analysis notarization; Submitted by the trading core office; Housing Authority to apply for deed tax relief; Go through the registration formalities of production analysis and pay the registration fee; Obtain evidence;

3. Go to the bank to go through the formalities for the change of the loan obligee (debtor).

Housing transfer must be free from legal disputes and mortgage.

How to deal with divorce, property division and a house loan?

You can pay off the mortgage property right first, then transfer the ownership and compensate the other party. The property belongs to the joint property of husband and wife. No matter which party obtains the property ownership at the time of divorce, it should compensate the other party for half of the property value. Therefore, it is not difficult to divide the property if both parties can solve the problem of property ownership through consultation. For example, one party can obtain real estate, pay compensation to the other party and bear the remaining debts of the bank.

If the two sides can't reach an agreement through negotiation and solve the problem of house ownership through litigation, the bank has the mortgage right to the house because it has obtained the real estate license but has not paid off the loan. It is generally considered that this kind of house belongs to the house that has not yet obtained full ownership. Generally, the court will not directly judge the ownership of the house, but judge that the house belongs to one party (usually the registered property owner, that is, the borrower). After paying off the bank loan and canceling the mortgage registration, the court will notify the parties to solve the problem of the ownership of the house through litigation.

Principle of divorce property division

According to the provisions of the Civil Code (implemented from 202 1 to 1) and the Supreme People's Court's "Several Specific Opinions on People's Courts Handling Divorce Cases" (hereinafter referred to as "Opinions on Property Division"), combined with judicial practice, the people's courts should follow the following principles when trying divorce cases to divide the joint property of husband and wife:

1, the principle of gender equality. The principle of equality between men and women is not only embodied in the legal norms of the marriage law, but also a guide for the people's courts to try marriage and family cases. This principle is embodied in the division of divorce property, that is, husband and wife have the right to share the same property equally and bear the same debt equally;

2. The principle of taking care of the interests of children and women. The "care" here can not only give the woman extra points in the share of property, but also allocate the property that is particularly needed in a certain life, such as housing, to the woman in the type of property. After all, judging from the influence of habits, obstacles caused by traditional factors, women's housework burden and physiological characteristics, after divorce, women are weaker than men in finding jobs and making a living, and they need more help from society. At the same time, when dividing the marital property, special attention should be paid to protecting the legitimate property rights and interests of minors. The legal property of minors cannot be included in the division of marital property;

3, beneficial to life, the principle of convenient life. When divorce is divided, the utility, performance and economic value of the same property shall not be damaged. When dividing the means of production in the same property, it should be allocated to the party that needs the means of production and can give full play to its effectiveness as far as possible; When dividing * * * from the living materials in the property, we should try our best to meet the needs of individuals engaged in professional or professional work, so as to give full play to the use value of the property. The indispensable items shall be owned by one party according to the principle of actual needs and beneficial use, and the co-owners shall compensate the other party according to the principle of fairness and the actual value at the time of divorce;

4. The principle that rights should not be abused. When divorcing and dividing the same property, the property owned by the state, the collective and others shall not be divided as the same property, and the legitimate interests of others shall not be harmed in the name of dividing the same property;

5. If the property owned by one spouse is consumed, damaged or lost in the life of * * *, the other spouse will not make compensation. This is a summary of judicial practice experience, which conforms to the requirements of the relationship between husband and wife and the essence of married life and is conducive to avoiding unnecessary disputes.

For the specific situation of divorce property division, it is generally necessary to deal with it in the principle of fairness and equality. Especially in the case that the house property right has not been obtained, it is necessary to obtain the property right in accordance with the procedures prescribed by law and divide the property right through consultation. If no agreement can be reached, it can be brought to court for judgment.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 2 10 of the Civil Code

The registration of real estate shall be handled by the registration agency where the real estate 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.

Article 2 1 1

When applying for registration, the parties concerned shall provide ownership certificate, property boundary, area and other necessary materials according to different registered items.