How to change the repayment person after divorce with mortgage?

After divorce, if the party who gets the house wants to transfer ownership, there are two ways. Repaying the loan in advance: eliminating the mortgage registration of bank mortgage loans. If you don't have a lot of cash to repay the loan in advance, you can consider redeeming the real estate license through some loan companies. After obtaining the real estate license, both parties go to the real estate registration department to handle the transfer. If you can't pay off the loan in one lump sum, you can negotiate with the loan bank, change the lender and re-sign the mortgage contract for housing loan.

Legal analysis

If a divorced mortgage house obtains a real estate license, it is necessary to handle the divorce property analysis first, which is the proof that the divorce property transfer is exempt from deed tax. If it is not because of divorce, the deed tax will be paid when the property is transferred. According to the law, one-half of the repayment part after Fang Gaiming is paid to the other party, and the subsequent loans are repaid by the account name party alone. If the mortgagor transfers the registered mortgaged property during the mortgage period of the house purchased by mortgage loan, it shall notify the mortgagee and inform the transferee that the transferred property has been mortgaged; If the mortgagor fails to notify the mortgagee or assignee, the transfer is invalid. The proceeds from the mortgagor's transfer of the mortgaged property shall be paid off in advance to the mortgagee or deposited with a third party agreed with the mortgagee. The part exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor. In other words, the house purchased by mortgage loan is mortgaged, and the owner should inform the mortgagee when transferring the house, and give priority to paying off the bank loan with the proceeds from the transfer. Therefore, the house belongs to the house with incomplete property rights before the loan is paid off, and both husband and wife cannot divide the house.

legal ground

Article 394 of the Civil Code of People's Republic of China (PRC) guarantees the performance of debts. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, the debtor fails to perform the due debt or the creditor has the right to receive priority compensation for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.