You can add your name to a pre-marriage loan house, but usually after the loan is paid off. Just go to the housing management bureau to which the house belongs to go through the procedures. There is no tax or fee for transferring ownership between a couple and adding a property owner. There is only a small handling fee, and the specific amount varies from place to place.

The house was purchased by one party before the marriage. After the marriage, if the spouse’s name is wanted to be added as the owner of the house, if there is an unpaid mortgage on the house, generally speaking, the name cannot be added. , at most, both parties can be the same repayers of the loan, but the property rights of the house still belong to the party who purchased the house before marriage. If you buy a house with a loan, you must use the house as collateral. If the loan is not repaid, adding your name to the real estate certificate is equivalent to assigning the house to a third party other than the bank and the borrower. The bank's interests will be affected. damaged. Therefore, if the loan has not been repaid, adding the name to the real estate certificate must obtain the approval of the bank. The New Marriage Law stipulates that if one spouse signs a real estate sales contract before marriage, uses personal property to pay the down payment and obtains a bank loan, and after marriage the real estate is registered in the name of the party who paid the down payment, the real estate can be recognized as the personal property of the real estate owner upon divorce. .

How to divide the mortgaged house during divorce?

1. One party purchased a house with a mortgage before marriage, and the house is registered in the name of one party. If a person buys a house with his own property before marriage, pays the down payment and takes out a bank loan, and after marriage uses the joint property of the couple to repay the loan, and the house is registered in the name of the party who paid the down payment, the real estate will be handled by agreement between the parties in the event of divorce. If an agreement cannot be reached, the court may rule that the real estate belongs to the party that registered the property, and the unpaid loan belongs to the party that registered the property rights as a personal debt.

2. If both parties jointly contribute money to purchase a house before marriage, and both parties repay the loan together after marriage, and the house is registered in the name of one party, the divorce can be made, and both parties can repay the loan part together after marriage. The corresponding part of the increased value of the house is deemed to be the joint property of the husband and wife, and the rest is owned in shares according to the capital contribution at the time of purchasing the house.

Legal Basis

Article 1062 of the Civil Code

The following properties acquired by a couple during the marriage shall be the spouses’* **The same property shall be owned jointly by husband and wife***:

(1) Wages, bonuses, and labor remuneration;

(2) Income from production, operation, and investment;

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(3) Income from intellectual property rights;

(4) Property inherited or donated, except as provided for in Paragraph 3 of Article 1063 of this Law;

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(5) Other property that should belong to the contract.