[Legal Opinion]
1、 How to transfer a divorce mortgage house without a property certificate
For a mortgaged house without a property certificate, how to transfer ownership after divorce? We all know that a property certificate is required for the transfer of a house, and it is impossible to transfer ownership without a property certificate. Under normal circumstances, the property certificate of the mortgaged house should be mortgaged in the bank. Therefore, after divorce, if the party who gets the house wants to transfer ownership, there are two ways:
1. Repayment in advance: eliminate the mortgage registration of bank mortgage loans. If there is not much cash to repay in advance, consider redeeming the property certificate through some loan companies. After obtaining the property ownership certificate, both parties shall handle the transfer in the property registration section.
2. If they are unable to repay the loan at one time, they can negotiate with the lending bank to change the lender and sign a new housing loan mortgage contract. This kind of operation is troublesome, because banks generally do not cooperate because of the risk and workload of repaying loans.
2、 How to transfer the ownership of divorce mortgage housing with property ownership certificate
If you have a property certificate, it is easier to handle the transfer of divorce mortgage housing. Follow the normal transfer procedures.
3、 Post divorce mortgage house transfer process
How to transfer the ownership of the mortgaged house after divorce, and what is the transfer process? As mentioned above, those who have not obtained the property certificate cannot handle the transfer. Therefore, if the divorce mortgaged house has obtained the property certificate, the divorce property division shall be handled first. The divorce property division is the proof of the exemption of deed tax on the divorce property transfer. If it is not the property obtained through divorce, the deed tax will be paid when the property is transferred. After handling the divorce property division procedures, you can go to the property management department to handle the divorce property transfer procedures. The specific transfer procedures are as follows:
(1) . Divorce by agreement. Those who have signed the divorce agreement should go to the notary office for property division notarization. If there is a divorce judgment, notarization is not required
(2) . Go to the trading center for transfer
(3) . Go to the Housing Authority to apply for deed tax exemption
(4) Go through the registration formalities of property division and pay a registration fee of 50 yuan
(5) Evidence collection.