What are the procedures required for the divorce of the husband and wife to transfer the mortgage ho

If the mortgage house is not repaid in the last five payments after the divorce, the transfer cannot be made, because the house is temporarily owned by the bank at this time.

According to the relevant provisions of China's "Property Law" and other laws, the transfer of ownership of the house can only be handled without legal disputes, planning and demolition, and mortgage. Therefore, generally speaking, the bank loan must be paid off before the mortgage is transferred.

1. It is to transfer the mortgage house jointly owned by the divorced parties to one of the original husband and wife.

2. It is to transfer the mortgage house owned by one of the divorced parties to the other party.

If this is the case, you will need to pay off the bank loan. If the loan cannot be repaid temporarily, the divorcing party can apply to another bank in his own name for a remortgage, and the mortgage certificate in the bank will be released and the transfer will be completed. However, due to the troublesome procedures for refinancing, most banks have stopped this business.

To this end, the bank gives two suggestions, one is to transfer the ownership through the normal transaction process, re-pay the deed tax, and assess the guarantee fee; The second is that after going to the notary office to notarize the property, one party continues to use the bank card of the original mortgagor to pay the loan. Generally, the second way has more residents.

In addition, if one party unilaterally applies for registration, it can handle the transfer of ownership through the following two ways:

1. When the divorce agreement specifies the ownership of the real estate and unilaterally handles the formalities, the divorce agreement, divorce certificate, ID card and other supporting materials deemed necessary by the registration authority may unilaterally go through the merger formalities;

2. To apply to the court for compulsory enforcement, the unilateral housing merger procedures can be carried out only with the notice of assistance in enforcement, the divorce agreement, the divorce certificate, the registration application, the ID card and the copy of the housing certificate stub by the housing property rights office.

3. It is to transfer the mortgage house jointly owned by the divorced parties to a third party.

After the loan is repaid, can the woman's name be written directly on the real estate certificate?

Legal Analysis: The required procedures are:1

Application Form for Registration of Real Estate Transfer. 2.Proof of the applicant's identity.

Materials required by the seller: original ID card and a copy of ID card. If you are married, you need the original marriage certificate and a copy, the original real estate certificate, if one of the husband and wife is unable to be present, you must first write a power of attorney and then go to the justice bureau to notarize, household registration and a copy.

3.Certificate of Real Estate Title. 4.

Decision of the relevant authority, real estate sales contract.

Legal basis: Article 33 of the Measures for the Registration of Houses in Distress.

To apply for registration of the transfer of ownership of a house, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, Mingnian merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Legal analysis: The divorced real estate transfer first needs to go through the divorce real estate analysis, which is the proof that the divorced real estate transfer is exempt from deed tax. If it is not for the divorce of the property, the deed tax will need to be paid when the property is transferred.

After completing the divorce real estate analysis procedures, you can go to the real estate management department Zixiang Chimen to handle the divorce real estate transfer procedures, the specific transfer process is: (1) agreement divorce, sign the divorce agreement traces to the notary office for property analysis notarization, if there is a divorce judgment does not need to be notarized; (2) Go to the trading center to handle the transfer; (3) Apply for deed tax exemption at the Housing Authority; (4) Go through the registration procedures for property analysis and pay the registration fee of 50 yuan; (5) Forensics.

There are taxes and fees for the transfer of real estate in the divorce of husband and wife

1) Taxes:

1. The deed tax is 2% of the production price;

2. Stamp duty is 5/10,000 of the production price.

2) Fees:

1. Registration fee;

2. 2% of the transaction fee (according to the production price);

3. The cost of production.

Legal basis: Article 1076 of the Civil Code Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as the number of children and daughters, property, and the handling of debts.

The husband and wife should bring their ID cards, household registration booklets, divorce agreements, divorce certificates, relevant property rights certificates and other materials to the notary office for notarization of property analysis, go to the real estate transaction to go through the procedures for changing the name of the real estate certificate, and submit the application for exemption from deed tax to receive the transfer receipt.

Article 209 of the Civil Code of the People's Republic of China states that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered. Article 210 of the Civil Code of the People's Republic of China The registration of movable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Legal analysis: The procedures for the transfer of real estate after the divorce are: 1. Go to the Gongying Permit Office to handle the notarization of property analysis, and if there is a divorce judgment, there is no need to notarize.

(2) Go to the trading center to handle the transfer; (3) Apply for deed tax exemption at the Housing Authority; (4) Go through the registration procedures for property analysis and pay the registration fee of 50 yuan;

(5) Forensics. Legal basis: Civil Code of the People's Republic of China

Article 1070 If the 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 clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed been broken and mediation fails, the divorce shall be granted.

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

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The divorced house belongs to the woman, and if there is a loan, the loan needs to be repaid before the transfer can be made. If you can't repay the loan temporarily, you can go to the notary office to notarize the house first, and then transfer the house to the owner in accordance with the legal procedures, and the mortgagor can continue to use his bank card to pay the loan.

Article 209 of the Civil Code The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; It does not take effect unless it is recorded by the Dengdan clan, except as otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law may not be registered.