The loan property cannot be transferred. The Housing Authority will not accept it. You need to pay off the loan before you can handle it. You can apply for a mortgage loan from the bank when you apply again.

2. Can the mortgaged house be transferred to one party after divorce?

Legal analysis: it can be transferred to one party. Divorced parties apply for registration of the ownership of divorced houses. First of all, they should go to the notary office for property analysis and notarization. If there is a divorce judgment, notarization is not required. Secondly, transfer to the trading core (generally available on the same day); Then go to the Housing Authority for deed tax exemption (about 10 working days); Then go through the registration formalities of production analysis (about 7 working days) and pay the registration fee; Finally, collect evidence.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people.

The people's court shall mediate in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce.

Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, it is up to the people to decide.

The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.

Article 1087 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 according to 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.

3. Can a mortgage house be divorced and transferred?

I don't know,

Detailed reasons:

1. Some mortgage houses have no housing books, only purchase contracts, and cannot be transferred;

2. If the mortgaged house is not repaid, the repayment shall be shared by both parties;

3. Divorce and transfer also belong to property division.

Solution:

1. After the mortgage is paid off, it can be transferred;

2. If you have the ability, you can return it or transfer it in advance;

3. If not, you can also use the down payment to transfer the ownership.

Summary: If you repay the mortgage, you can transfer the ownership. If the mortgage is not repaid, the household will not be able to cross it. If the mortgage is repaid before the tax review, you can transfer the ownership.

Four, the husband and wife * * * have a mortgage house, after divorce, how to handle the transfer?

If the mortgage loan of the house and the bank has not been paid off when the husband and wife divorce, it is quite troublesome for the husband and wife to handle the house transfer formalities after divorce through agreement or judgment. The main reason for the trouble is that according to the provisions of China's property law, the mortgage registration of houses is restricted for transfer procedures, with the aim of protecting the interests of real estate mortgagees.

In judicial practice, there are only two ways to handle the transfer formalities after divorce of houses with mortgage loans:

First, the easiest way is to repay the loan in advance and eliminate the mortgage registration of bank mortgage loans;

Two, in the case that the parties are still unable to pay off the bank mortgage loan in one lump sum, they can negotiate with the loan bank to change the lender and re-sign the housing mortgage loan contract.

Only when the above conditions are met, the real estate trading center will divorce and transfer the mortgage.

If you resell it to others, you need the unconditional cooperation of the other party. The procedure is not complicated, but the legal risk is great. The risk comes from the fact that if the man does not cooperate, he may be liable for breach of contract with the next family.

I hope the above answers can help you.