Divorce for a house purchased with a loan shall be determined by agreement between the parties. If one party acquires property rights before marriage, the property will belong to the property owner regardless of whether the full purchase price has been paid. If the owner pays part of the house purchase price with the same property after marriage, when the property is divided in divorce, the party who obtains the property will compensate the other party. According to Article 1087 of the Civil Code, upon divorce, the spouses’ separate property shall be handled by agreement between the two parties; if an agreement cannot be reached, the people’s court shall, based on the specific circumstances of the property, take care of the children, the wife, and the widower. Principle judgment on the rights and interests of the at-fault party. The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law.

How to deal with a house bought with a loan during divorce can be divided into three situations:

1. One spouse purchased the house with personal property and took out a mortgage loan before marriage, and the individual ownership of the house by one spouse was completed before marriage. The person's real estate certificate, both parties must repay the loan together after marriage. The house in this situation is the personal property of one party, and the other party has no right to request division during divorce. However, the spouse who participates in the joint repayment of the loan has the right to require the other spouse to return the portion of the repayment. What needs to be made clear here is that the simultaneous repayment of the loan, whether using the personal salary of one party or the wages of both parties, should be regarded as the simultaneous repayment of the loan. Therefore, when a house with a loan is divorced, the party who is repaying the loan can request the other party to return the loan payment. You can also request compensation for the increased value of your home.

2. One spouse purchases a house with personal property and takes out a mortgage loan before marriage, and both parties repay the loan simultaneously after marriage, and obtain a real estate certificate after marriage. In this case, the mortgaged house is the personal property of one party before marriage and will not be divided in the event of divorce. Because one party purchased the house with personal property and mortgaged it before the marriage, the property ownership certificate obtained after the marriage is confirmation of the house purchased before the marriage and is not the joint property of the husband and wife. If the property is deemed to be joint property between husband and wife just because the property ownership certificate was obtained after marriage, there will be a phenomenon where one party has made no investment at all but becomes the owner of the house just because of marriage. This result violates the principle of fairness.

3. The couple used their own property to purchase a house and take out a mortgage loan before marriage, and repay the loan together after marriage. They obtained a real estate certificate before marriage and the real estate certificate was registered in the name of one party. Because under normal circumstances, the basis we use to determine who owns the property is the name on the property certificate.

4. Therefore, it is very easy to be recognized as the property of the registered party at this time. Therefore, at this time, when the unregistered party claims that the house is joint property,

First, he must prove that he fulfilled his obligation to contribute capital to purchase the house before marriage; The purchase of a house is funded under the premise that the owner is jointly owned. If the corresponding evidence cannot be provided, the property will be deemed to be the property of one party and will not be divided during division.

Legal basis: Article 1065 of the Civil Code: Both men and women may agree that the property acquired during the marriage and the property before marriage shall be owned by each other, jointly owned by each other, or partially owned by each other. Part *** same as all. The agreement should be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 1062 and 1063 of this Law shall apply. The agreement between husband and wife regarding the property acquired during the marriage and the property before marriage is legally binding on both parties. The husband and wife agree that the property acquired during the marriage shall be owned by each other. If the other party knows the agreement, the debts borne by the husband or wife shall be paid off with the personal property of the husband or wife.