(2) One of the spouses purchased the house with personal property mortgage before marriage and mortgaged it. Property rights are registered in their own names, and the house belongs to personal property. Similarly, mortgage is a personal debt. After marriage, the participation of one spouse in paying off the loan does not change the nature of the house as personal property. Therefore, when the property is divided during divorce, the house is personal property, and the remaining unpaid debts are personal debts. The part of the loan that belongs to the spouse's repayment should be returned. It should be pointed out that the part of joint repayment, whether it is repaid by one party with personal salary or by both parties' salary, should be regarded as joint repayment by husband and wife. If the buyer can really prove that the repayment funds come from personal pre-marital property, then the house is personal property and the other party has no right to divide it.
(3) If the real estate license is registered in one party's name, and the spouses have evidence to prove that they jointly invested in buying a house before marriage, and there is evidence to prove that the premise of their joint investment in buying a house before marriage is that both parties agree that the purchased house is jointly owned. Although the real estate is registered in one party's name, it should still be considered as the principle of dividing common property when dividing. Similarly, its mortgage debt is also a joint debt. However, when the shared property is divided, the parties' contribution ratio is quite different, and they have not lived together after marriage or have a short duration, which should also be considered together. Real estate can be divided with reference to the proportion of capital contribution at that time, rather than dividing the house equally.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1087th At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement. If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by one spouse in the contracted management of family land are protected according to law.
Article 1089 At the time of divorce, the joint debts of husband and wife shall be paid off jointly. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.