The mortgaged house is pre-marital property and belongs to one party. When the mortgage loan is being repaid, the husband and wife divorce, whether the husband and wife enjoy the right to allocate the mortgaged house! 1. The mortgaged house is pre-marital property, which will always be the personal property of one party and will not become the joint property of husband and wife. At the time of divorce, the other party has no right to ask for division.

2. As for the loan principal and interest returned jointly after marriage, the owner of the house should compensate the other party for the amount of loan principal and interest because it is returned by the joint property of husband and wife. Generally, it is half of the repayment amount.

3. In the process of repaying the loan after marriage, if the house has a corresponding appreciation, the party that obtains the house should also compensate the other party for the appreciation.

Interpretation of the Supreme Court on Marriage Law III

Article 10? Husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage. If the real estate is registered in the name of the down payment payer, the real estate will be handled by both parties through agreement at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. After marriage, the amount paid by both parties to repay the loan and the corresponding value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.