2. Legal basis of the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I): Article 77 In the event of divorce, if a dispute arises because the property is not owned by me or is not completely owned by me, if negotiation fails and the ownership of the property cannot be determined, it shall be owned by me according to the specific circumstances.
Article 78 If one party signs a real estate sales contract with the other party before marriage, borrows money from the bank with its own property as collateral, and registers the real estate in the name of the party paying the first paragraph with the same property as collateral after marriage, the disposal of the real estate shall be carried out according to the agreement of both parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, it shall be ruled that the ownership of the real estate belongs to the registration authority, but the outstanding loan belongs to the personal debt of the real estate ownership authority. At the time of divorce, the party registering real estate shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.
Several problems to be considered in the distribution of * * * property. The second is the definition of property. First of all, family property must be distinguished from the property owned by the spouse, otherwise it will infringe on the legal rights of the spouse and other spouses. Secondly, marriage is divided into personal relationships. The property of one spouse and the personal property agreed upon by both parties as stipulated in Article 106 13 of the Civil Law shall be distinguished from the property of husband and wife.
Respect the rights of children and women. Gender equality does not mean that everyone can share property equally, but it is beneficial to children's development. Because women's economic status is still relatively low under the current circumstances, giving proper care to women is conducive to protecting the divorce rights of economically disadvantaged women and supporting the principles that are conducive to production and life. * * * Division of ownership of property. Shall not affect the economic value of commodities. Production tools should be distributed to those who need them or who can make full use of them. The distribution of living materials should be handled flexibly according to the actual situation of the parties concerned, and can be solved by making up the difference when necessary.
The above is what I told you about how to divide the divorce of pre-marital mortgage property. I hope I can help you. If you don't know much about it, you can refer to the above content to learn.