According to the relevant provisions of China's property law and other laws, houses can only be transferred without legal disputes, unplanned demolition and mortgage. So generally speaking, to transfer a mortgaged house, you must pay off the bank loan first.

Second, how to transfer the mortgaged house after divorce

To solve the problem of how to transfer the mortgage house after divorce, we must first understand the specific aspects of the transfer of the mortgage house after divorce. Specifically, the transfer of mortgaged houses after divorce generally includes the following three types:

1、

Is to transfer all the mortgaged houses of the divorced parties to the original husband and wife.

In this case, in order to solve the problem of how to transfer the mortgaged house after divorce, the divorced parties need to register the ownership of the divorced house, change the name registration of the divorced parties to the original husband and wife, and the transfer party will continue to pay the mortgage according to relevant regulations.

2、

Is to transfer the mortgaged house owned by one divorced party to the other.

If this is the case, you need to pay off the bank loan. If the loan is not paid off for the time being, the divorced party can apply to another bank for re-mortgage in its own name, and then cancel the mortgage in the bank's real estate license for transfer. However, most banks have stopped this business at present because of the very troublesome procedures for refinancing mortgages. To this end, the bank gives two suggestions. One is to transfer the ownership through the normal transaction process, pay the deed tax again and evaluate the guarantee fee; Second, after going to the notary office to notarize the property, one party will continue to use the original mortgagor's bank card to repay the loan. Generally, there are more residents who adopt the second method.

In addition, when a party unilaterally applies for registration, it can handle the transfer in the following two ways: first, if the divorce agreement clarifies the ownership of the property and unilaterally goes through the formalities, it can unilaterally go through the merger formalities with the divorce agreement, divorce certificate, ID card and other supporting materials that the registration authority deems necessary; Second, apply to the court for enforcement. Only with the copy of the notice of assistance in execution, divorce agreement, divorce certificate, registration application, ID card and housing certificate stub can the unilateral housing merger be handled.

3. It is to transfer the mortgaged house shared by both divorced parties to a third person.

In this case, in order to solve the problem of how to transfer the mortgaged house after divorce, the divorced parties must pay off the bank loan or the third party can perform the corresponding transfer procedures after paying off the loan for the divorced parties.