How to deal with divorce with mortgage loan:

1. When a couple divorces, the property and debts of the couple should be included in the distribution together.

2. During the relationship between husband and wife, if one of the husband and wife incurs debt to buy a house in his or her own name, the mortgage loan liability of the house should be borne jointly by both spouses.

3. One spouse signs a real estate sales contract before marriage, uses personal property to pay the down payment and takes a bank loan, and after marriage uses the joint property of the couple to repay the loan, and the real estate is registered in the name of the party who paid the down payment. , the real estate will be handled by agreement between the parties during divorce.

If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the party with the property rights registration, and the unpaid loan shall be the personal debt of the party with the property rights registration. The amount paid by both parties to repay the loan after marriage and the corresponding increase in property value shall be compensated by the party who registered the property rights to the other party in the event of divorce.

4. After negotiation, one of the spouses can repay the loan, and they can go to the bank to go through the loan refinancing procedures.

The joint property of husband and wife refers to the property acquired by both spouses during the marriage, which is what we usually understand as the property acquired by either spouse after marriage.

The following properties acquired by a husband and wife during the marriage relationship are the joint property of the husband and wife and shall be owned jointly by the husband and wife:

1. Wages, bonuses, and remuneration for labor services. ;

2. Income from production, operation, and investment;

3. Income from intellectual property rights;

4. Inherited or donated property, but not in a will Or except for property that is determined to belong to only one party in the donation contract;

5. Other property that should belong to both parties. Husband and wife have equal rights to handle the same property.

Legal basis:

"The People's Republic of China and the Civil Code"

Article 1087: When divorcing, the couple's The same property shall be handled by agreement between the two parties; if an agreement cannot be reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking into account the rights and interests of the children, the woman and the non-fault party.

The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law.

Article 1089. Upon divorce, the husband and wife's debts shall be repaid jointly. If the property of the two parties is insufficient to repay the debt or the property belongs to each other, the two parties shall agree to repay the debt; if the agreement fails, the People's Court shall make a judgment.