First of all, it is clear that the real right, whether the name of one party or the names of both parties, is the same property.
Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not according to the original purchase contract amount.
Third, distinguish the equity part from the debt part. If loans are involved, the loan part should be deleted first.
That is to say, the party that obtains the house pays half of the house value to the party that does not obtain the house, and the party that obtains the house pays the remaining principal and interest separately.
2. Divorce Mortgage Department:
First of all, repayment after marriage belongs to both husband and wife.
According to the judicial interpretation, one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows money from the bank, and repays the loan with the same property after marriage. If the real estate is registered in the name of the down payment, the real estate shall 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 property belongs to the party registering the property right, and the unpaid loan is the personal debt of the party registering the property right. Legal basis: Article 77 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the General Principles of the Civil Law of People's Republic of China (PRC). At the time of divorce, if both parties have a dispute over the house that has not yet obtained ownership or full ownership, and negotiation fails, the people's court should not judge the ownership of the house, but should judge that it should be used by the parties according to the actual situation.
After the parties have obtained the full ownership of the house specified in the preceding paragraph, if there is any dispute, they may bring a lawsuit to the people's court separately.
Article 78 If a husband and wife sign a real estate sales contract 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, and the real estate is registered in the name of the down payment payer, the real estate shall 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 rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.