If the loan has been paid off at the time of divorce, both parties can share it equally according to the market value, and the market price of the house is subject to the evaluation value of the professional real estate appraisal company. If the loan is not paid off at the time of divorce, both parties shall share the net value of the house equally. The net value of the house is the market price of the house at the time of divorce (subject to the appraisal value of the professional real estate appraisal company) minus the unpaid principal (excluding interest).
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to both husband and wife: (1) wages, bonuses and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.
Article 1063 The following property is the personal property of one spouse: (1) the property of one spouse before marriage; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.