How to handle the transfer when the property mortgage is not paid off?

The relationship between husband and wife is broken, and the biggest problem of property division is the house. Usually when the house price is extremely high, everyone will choose mortgage to buy a house, but once divorced, the house will be given to the other party, and the house is still in the bank. How can I transfer? Many people have mortgaged their houses. In this case, how to distribute it reasonably? Guests in this issue:

Director of Zhengzhou Branch of Beijing Dacheng Law Firm

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Lawyer netizen Piayapi asked: My wife and I agreed to divorce and the house belongs to her. The name on the property certificate is my name. Moreover, after the mortgage divorce, how can the mortgaged house be transferred to her without paying off the loan?

Lawyer Li replied: In the case of mortgage loans, banks are legally in the position of mortgagees. According to the second paragraph of Article 191 of the Property Law, during the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except that the transferee pays off the debt and extinguishes the mortgage on his behalf. Accordingly, only after you (or your ex-wife) pay off the mortgage or the loan bank agrees to change the mortgage contract can you handle the property transfer formalities with your ex-wife.