Legal analysis: If the two parties fail to reach an agreement through consultation, the people can decide that the property with enough loans belongs to the registered party, and the outstanding loans are the personal debts of the registered party. In case of divorce, one party to the real estate registration shall compensate the other party for the money paid by both parties after marriage and the corresponding value-added part of the real estate.

Legal basis: Article 78 of the Supreme People's Court's General Principles of the Civil Law of People's Republic of China (PRC). If the husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and register the real estate 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 loan to be repaid is the personal debt of the parties involved in the registration of real estate. The amount paid by both parties to repay the loan together after marriage and the corresponding value-added part of the property shall be registered by the real estate registration party in accordance with Article 1087th of the Civil Code at the time of divorce.

Second, how to deal with real estate and mortgage in divorce?

1 If the mortgage of the house has not been paid off when the husband and wife divorce, it can be agreed in the divorce agreement that one or both parties will continue to pay the mortgage. After the divorce certificate is handled according to the divorce agreement, the agreement in the divorce agreement takes effect and has legal effect.

At the time of divorce, both parties can negotiate on the ownership of the house, which belongs to the joint property of husband and wife. At the time of divorce, the house belongs to one party, and the other party continues to repay the loan, and pays the other party the down payment and repayment after marriage, as well as half of the value-added compensation.

If it is a couple who buy a house with a marriage loan, they want to divide the house when they divorce, which is very different from ordinary real estate. It's a loan house, not entirely owned by the couple, but also with bank interests in it.

According to the relevant regulations of the superior, the ownership of the property that has not been obtained may not be directly pronounced, that is, the rights and interests of the bank will not be lost, and the house will be awarded to a certain party as ordinary property.

This means that before the loan is paid off, the house cannot be divided temporarily, and no one can obtain the ownership of the house.

Legally speaking, this house is now called defective ownership. There is also bank interest, because it is unpredictable whether the couple who bought the house by loan can pay off the loan in full as agreed, so it cannot be said that the ownership of the house here belongs to them.

There is a legal term called other rights of housing. For couples who buy a house by marriage loan, they can only enjoy the ownership of the house after the other rights of the house are lifted, that is, the loan is paid off. At this time, you can judge the ownership of the house.

For the house purchased by loan, the loan is the joint debt of husband and wife. Divorce caused by emotional breakdown is the most nerve-racking thing because it is very troublesome to solve. It is better for both parties to settle it through consultation.

The house is used by one party, and the corresponding loan repayment should also be borne by this party. The loss of the other party will be solved by both parties through negotiation and payment of money. Later, all the results formed a written agreement, which was signed by both parties and notarized by the notary office. However, no matter who owns it, all he has now is a right to use it.

This situation is the most unfavorable for banks. Because the ability of two people to repay loans will definitely be stronger than that of one person, which invisibly increases the risk of banks. Not only that, it will also cause some trouble.

When the divorce parties reached this agreement, the bank was not present and probably didn't know. The bank asked the man for a loan according to the contract, but it is very likely that the loan has been transferred to the woman's name, which has caused great trouble to the bank.

What are the ways to divide divorce property?

After divorce, the value and ownership of the house in the joint property of husband and wife should be determined according to whether they have full ownership of the house.

For property with full ownership, that is, no one else will claim other rights to the property, the ownership of the property can be determined in the following ways:

1. After negotiation, if one party claims the ownership of the house and the other party abandons the house, the special appraisal institution will evaluate the value of the house according to the market price, and the party that obtains the ownership of the house will give the other party corresponding compensation according to the detailed rules of real estate division in the Marriage Law.

2. Value-added rooms. If both parties want to acquire the property but cannot reach an agreement through negotiation, they can adopt the way of bidding auction, and the highest bidder obtains the ownership of the property and pays the bid to the other party who has not acquired the property as compensation.

3. If both parties want to give up the ownership of the house, they can auction the house again according to the application of both parties and divide the income.

Third, how to deal with divorce mortgage?

If the mortgage generated after marriage before divorce belongs to joint debts, Article 41 of the Marriage Law stipulates that the debts incurred by the husband and wife due to their common life at the time of divorce shall be paid off jointly. If the joint property is insufficient to pay off, or if the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

If the mortgage is generated before marriage, it is a personal debt and should be repaid after divorce. However, although it was generated before marriage, the two parties reached an agreement after marriage that the loan was a joint debt and should be repaid after divorce according to the provisions of Article 41 of the Marriage Law.