(1) Article 10: If one of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays 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 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 real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. At the time of divorce, one party to the property registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
(2) Legal advice If the loan repaid after marriage belongs to the joint property of husband and wife, it belongs to the joint property of husband and wife.
(3) According to Article 10 of Judicial Interpretation III of Marriage Law: "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 joint property of 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 real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. At the time of divorce, the party handling the registration of property rights shall compensate the other party in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law. " According to your description, my brother-in-law can't apply for a loan. The reason is that relatives selling houses and applying for loans from banks are suspected of fraudulent loans, and banks will refuse to lend. In addition, if the traded house has outstanding mortgage loans, you must pay off all the mortgage loans before you can go through the transfer formalities, otherwise you can't handle it. I hope I can help you ~!