Legal subjectivity:

If the bank loan is a debt of the husband and wife, the divorce must be paid off by both spouses, and the property of the husband and wife is insufficient to pay off or the property belongs to each of them, The parties shall reach an agreement; if agreement cannot be reached, the decision shall be made by the People's Court. If it is a personal debt of one party, it shall be paid off by that party personally. Legal objectivity:

Article 78 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the "People's Republic of China and Civil Code" (1)", before marriage, one spouse If a real estate sales contract is signed, personal property is used to pay the down payment and a bank loan is used, and the joint property of the couple is used to repay the loan after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate will be handled by agreement between the parties in the event of divorce. If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the party who registered it, and the unpaid loan shall be the personal debt of the party who registered the real estate. The amount paid by both parties to repay the loan and the corresponding increase in property value after marriage shall be compensated by the party who registered the real estate to the other party in accordance with the principles stipulated in paragraph 1 of Article 1087 of the Civil Code upon divorce. .