How to transfer ownership of a house with loan after divorce
Issues involving the transfer of properties with mortgages during divorce are the focus of many couples. This article will combine the popular discussions on the Internet in the past 10 days to sort out the process, precautions and common problems of loan house transfer after divorce, and provide structured data for reference.
1. Basic process of loan house transfer after divorce
At the time of divorce, if there are still outstanding loans on the property, the following steps must be followed for transfer:
| steps | Specific operations | Things to note |
|---|---|---|
| 1. Negotiation or judgment | Both parties negotiate ownership, or the court decides on the distribution of the property. | It is necessary to clarify the proportion of property rights and loan repayment responsibilities |
| 2. Release or refinance | Pay off the loan, release the mortgage, or go through the refinancing procedures | Requires bank consent to change borrower |
| 3. Handle transfer of ownership | Bring the divorce agreement/judgment, ID card and other materials to the Housing Authority | Deed tax, stamp duty and other fees need to be paid |
2. Difficulties and solutions in loan house transfer
According to recent hot discussions, the main problems in loan house transfer include the following:
| question | solution |
|---|---|
| The bank does not agree to change the lender | Negotiate a one-time repayment of the loan, or agree on repayment obligations through notarization |
| Disputes over property rights ratio | Clarify the division ratio based on the divorce agreement or court judgment |
| High tax costs | Take advantage of the tax exemption policy for transfer of property during the marriage (if eligible) |
3. Collection of popular questions and answers
Based on the hot topics discussed by netizens in the past 10 days, the following are answers to frequently asked questions:
1. Can the loan be transferred directly if it is not repaid?
The bank needs to agree to change the borrower, otherwise the loan needs to be settled first. Some cities support "transfer with security deposit", so you need to consult local policies.
2. How are transfer taxes calculated?
Based on the nature of the property (such as first home, second home) and assessed value, common taxes include:
| Tax type | Tax rate/standard |
|---|---|
| Deed tax | 1%-3% (based on property value) |
| stamp duty | 0.05% |
| personal income tax | 20% of the difference (if the tax exemption conditions are not met) |
3. Differences in property transfer between divorce by agreement and divorce by litigation
Divorce by agreement requires the cooperation of both parties; divorce by litigation can be applied unilaterally with a judgment, but the court must assist in executing the notice.
4. Summary and suggestions
Things to note when transferring a loaned house after divorce:
1. Prioritize communication with the bank about the loan change plan;
2. Keep the divorce agreement or judgment as legal basis;
3. Calculate tax costs in advance to avoid disputes.
If the situation is complicated, it is recommended to consult a professional lawyer or real estate agent.
check the details
check the details
en
