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Husband and wife buy a house together, how to divide the house and mortgage?
Legal analysis: 1, housing division:

First of all, it is clear that property rights, whether the names of one party or both parties, are common 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.

In other words, the party who gets the house pays half of the house value to the party who doesn't get the house, and the party who gets the house pays the remaining principal and interest separately.

2. Divorce mortgage division:

First of all, repayment after marriage belongs to the joint repayment of loans by 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 joint property of the husband and wife after marriage. If the property is registered in the name of the down payment payer, the property will be handled by mutual 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 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). If there is a dispute over a 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 is 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 the husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the joint property of the husband and wife 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, according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code, the party that handles the registration of real estate shall compensate the other party for the money paid by both parties after marriage and the corresponding value-added part of the property.