How to transfer the house with mortgage loan after divorce? 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.

Second, how to write the divorce agreement when the real estate is mortgaged?

The house is a bank mortgage loan and I want to transfer the property to my daughter. Because the mortgage has not been paid off, I decided to renew it by my daughter until I got the real estate license. How do my parents write when I go through the transfer formalities?

Third, how do couples with mortgages write divorce agreements?

How to write the divorce agreement between husband and wife, here is a detailed introduction to you: 1. The divorce agreement between husband and wife first needs to indicate the names, ages and ID numbers of both men and women, and indicate that both parties have reached an agreement on voluntary divorce. 2. Secondly, both parties can reach an agreement on child custody, child support and property distribution. 3. Finally, both parties can sign and seal. Husband and wife divorce agreement 1 Party A: _ _ _ _, male, born on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After marriage, I gave birth to a son named _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ II. Disposal of joint property of husband and wife: 1. Deposits: The existing bank deposits in the names of both parties are * * _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ House: (1) The ownership of the house owned by both husband and wife in _ _ _ _ _ _ _ city belongs to Party A. (2) After the marriage, both husband and wife bought a house on _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A issued a loan of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ And the down payment comes from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If Party A does not cooperate with Party B to handle the real estate transfer, causing unnecessary losses to Party B, Party A shall pay Party B RMB. After completing the relevant alteration formalities, Party A shall pay the monthly payable amount of the original mortgage contract to Party B in full before _ _ every month. If the payment is not made on time, a penalty of _ _% of the overdue payment amount shall be paid for each day overdue. _ _ _ _ _ _ _ and _ _ _ _ _ in the house belong to Party A. 3. Cars: the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Personal articles for daily use and jewelry of both parties belong to their own (attached list). Three. Debt treatment: both parties confirm that there are no creditor's rights and debts during the marriage relationship. If either party has foreign creditor's rights, the other party has the right to distribute them equally whenever it is discovered; If there is foreign debt, it shall be borne by the debtor. Four. Responsibility of one party to conceal or transfer the joint property of husband and wife: Both parties confirm that the joint property of husband and wife has been listed in Article 2 above. Except for the above-mentioned houses, furniture, household appliances and bank deposits, there is no other property, and either party shall guarantee the authenticity of all the above-mentioned marital property. The division of property in this agreement is based on the above-mentioned property. Neither party may conceal, falsely report or transfer the property of husband and wife or pre-marital property. If either party conceals or falsely reports any property other than the above-mentioned property, or transfers or absconds the property within two years before the signing of this agreement, the other party has the right to obtain all the shares of the property concealed, falsely reported or transferred by the other party, and shall be investigated for its legal responsibility for concealing, falsely reporting or transferring the property. The party who falsely reports, transfers or conceals has no right to divide the property. V. Child support, alimony and visitation rights: The son _ _ _ _ is raised by Party B and lives with Party B, and Party A shall pay the support (including living expenses, education expenses and medical expenses) of _ _ _ _ yuan per month before _ _ _ _ every month until the child finishes high school education. After the end of high school education, the two sides will negotiate again in the future. Party A can visit the children raised by Party B at any time without affecting Party B's study and life. (Party A may visit his son once a week or take him out to play on the rest day, but it shall notify Party B in advance, and Party B shall ensure that Party A visits at least one day a week. In case of temporary or Spring Festival visit, you can negotiate with Party A one day in advance, and you can negotiate to visit after reaching an agreement. Economic assistance and spiritual compensation of intransitive verbs: Due to Party B's living difficulties, Party A agrees to pay Party B a lump sum compensation for economic assistance. In view of Party A's request for divorce, Party A shall compensate Party B mental damage compensation in one lump sum. The above amount payable by Party A shall be paid before _ _ _ _. Seven. Agreement on liability for breach of contract: if either party fails to fulfill its payment obligations within the time limit agreed in this agreement, it shall pay _ _ _ _ _ _ _ _ _ _ _ _% to the other party. Eight. Agreement on the effective time of the agreement: this agreement is made in triplicate, one for each party and one for the record of the marriage registration authority. It will take effect after being signed by both parties and handled by the marriage registration authority. IX. In case of any dispute after the implementation of the standard format of this divorce agreement, both parties shall settle it through consultation. If negotiation fails, either party may file a complaint with the people. Party A: Party B: Husband and wife divorce agreement 2 Party A (male): Party B (female): Both parties to the agreement went through the marriage registration formalities on, and the marriage certificate number: The relationship between husband and wife has completely broken down due to personality incompatibility. Both parties have reached the following divorce agreement through negotiation: 1. Both men and women voluntarily divorce. 2. During the marriage, a son/daughter (year, month, day) is raised by the woman/man, and the man/woman pays child support yuan every month; 3. The man/woman shall pay the woman/Yuan Man a one-time compensation; 4. The man/woman has the right to visit at least once a month, and the specific time and method shall be determined by both parties through consultation; 5. During the marriage, both husband and wife have the same property, including a company (located), a car (license plate number is Guangdong) and a property (located in an area of square meters). The creditor's rights and debts of the above-mentioned property shall be shared and borne by both men and women. Neither side of the intransitive verb has the same deposit; Seven, both men and women during the marriage, their respective foreign creditor's rights and debts, after divorce by their own enjoyment or commitment. Eight, both men and women clearly know that although the agreement has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the same debt, and one party is jointly and severally liable for the same debt. Nine. This agreement is signed by both men and women voluntarily and is legally binding on both men and women, and the breaching party shall bear corresponding legal responsibilities. We divorced voluntarily, and both parties have full capacity for civil conduct. I fully agree with all the arrangements in this agreement, and there is no other disagreement. This agreement is made in triplicate, one for each party. A copy is filed in the marriage registry. This agreement shall be signed by both men and women, and shall come into effect as of the date of receiving the divorce certificate. Party A: Party B: divorce agreement between husband and wife on March. Male: Born in, home, female: Born in, home, living in the Civil Affairs Bureau. After marriage, the feelings of the two sides have been at odds. Now the two sides voluntarily divorce and reach the following agreements on issues such as child support and property division: Article 1: Both men and women voluntarily divorce. In line with the principle of not affecting children's life and study, both parties understand each other and assist in handling the following matters. Article 2: Children born on the day of the month after marriage shall be raised by Fang. Party B shall pay the maintenance fee of RMB yuan per month; The payment time is to pay the maintenance fee for the next month every month; Payment method is bank transfer. The account number for Party A to accept alimony is: the alimony agreed in this article can be adjusted appropriately according to the changes in the economic situation and living consumption level of both parties. The specific adjustment amount shall be negotiated separately by both parties. The alimony agreed in this article only refers to the general living and education expenses. If the son/daughter needs to have major expenses due to special circumstances, he/she shall notify one party in advance, and the payment ratio shall be determined by both parties through consultation, except for emergency situations. Article 3: Party A has the right to visit his son/daughter once a month. Party A shall provide necessary assistance for Party A's visit. Article 4: The way of property division between the two parties is as follows: Article 5 of the voluntary divorce agreement: * * The way of debt sharing is as follows: (1) The man is responsible for repaying the loan from his relatives for buying a house; Borrowing money from the relatives of the woman for buying a house shall be repaid by the woman. (2) Other debts shall be borne by all parties on the principle of repayment by the borrower. Article 6: Both parties promise not to conceal or transfer the same property before signing this Agreement. If one party conceals or transfers the same property in violation of this commitment, the other party is not only entitled to obtain the hidden or transferred property in full, but also may demand the other party to pay compensation equal to the hidden or transferred property. Article 7: Both parties shall fulfill the above agreement on the principle of mutual understanding and accommodation. If there is any dispute during the performance, it shall be settled through consultation; If negotiation fails, it can be submitted to. Article 8: This Agreement is made in triplicate, one for each party and one for the divorce registration authority. After this agreement is registered and comes into effect, both parties shall jointly perform it. Supplementary provisions: male: year, month, day, female: year, month, day, divorce agreement between husband and wife 4 Negotiator (male): ID number: Negotiator (female): ID number: In order to clarify the property ownership, creditor's rights and debts and other legal matters related to property rights and interests of both parties before and after marriage, the following agreement is reached through equal and voluntary negotiation: 1. As of the date of signing the agreement, the premarital property under the name of the man includes but is not limited to the following properties: (1) real estate: (2) movable property: as of the date of signing the agreement, the premarital property under the name of the woman includes but is not limited to the following properties: (1) real estate: (2) movable property: (2) both parties to the agreement implement their own property systems after marriage, that is, their own property income and income. Including but not limited to those acquired after marriage: the other party who acquired the above-mentioned property has no right to claim division on the grounds of "joint property of husband and wife", and the party who acquired the property completely occupies, uses, gains and disposes, and exercises full property ownership. The rights and obligations attached to the real estate purchased in the name of one party are completely enjoyed and borne by one party, and have nothing to do with the other party. When buying real estate in the name of one party, one party can sign sales contracts and loans in its own name. All rights, obligations and property rights of the real estate are fully enjoyed and undertaken by one party, and have nothing to do with the other party. If necessary, the other party has the obligation to assist the buyer to handle the mortgage loan procedures. The part of the house purchase loan repaid by one party before and after marriage shall not be divided by the other party as the same property. Three, before and after marriage, the creditor's rights and debts of both parties shall be enjoyed and borne by themselves. When a borrower borrows money after marriage, either party is obliged to inform the creditor of the "marital property division system" when forming debts, that is, it is clear that the debt repayment responsibility of the borrowed property is only borne by the borrower and has nothing to do with the spouse, and the spouse does not bear joint liability, and ensures that the creditor lends the property on the premise of knowing this fact. Otherwise, if the non-borrower is jointly and severally liable for protecting the interests of a bona fide third party, the lender shall recover from the other party. Four. In order to ensure the financial support needed by both parties after marriage, both parties may make a written agreement on the scope of husband and wife's property and the bank account where the property is stored, which is an annex to this agreement and has the same effect as this agreement. Five, the cost of the birth of children by both parties shall be borne by both parties, and the specific amount and proportion shall be agreed by both parties in writing after the birth of the child. As an annex to this agreement, this written agreement has the same effect as this agreement. Although the name of this agreement is "pre-marital property agreement", it does not affect the effectiveness of related matters such as child support and post-marital property disposal. Seven. In case of any dispute during the performance of this agreement, both parties shall settle it through consultation. If negotiation fails, either party has the right to submit the contract to the place where this agreement is signed. Eight. This agreement is made in triplicate, each party holds one copy, and the notary office keeps one copy, which shall come into effect after being signed by both parties. Male (signature): Date Female (signature): Date above is what Bian Xiao shared today. I hope I can help you.

4. How to write the divorce agreement when the real estate is mortgaged?

The house is a bank mortgage loan, and now parents want to divorce by agreement, and the property wants to be transferred to their daughter. Because the mortgage has not been paid off, I decided to let my daughter continue until I got the real estate license. Do both parents have to sign when going through the transfer formalities? How to write it in the divorce agreement?