Whether your name is on the property ownership certificate or not, this suite belongs to your husband and wife. The loan for this suite is a joint debt of your husband and wife, and you need to pay it back together.
When you divorce, you can negotiate the ownership of the house yourself first. If negotiation fails, the court will decide the ownership of the suite according to relevant laws and facts. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. If the agreement fails or there is no agreement. According to the basic principles of civil law, common property should be shared equally.
During the marriage, no matter who owns the house, as long as the house is purchased by both parties during the marriage, the house belongs to the joint property of husband and wife. Regarding the ownership of this suite after divorce, it can be agreed that the house belongs to the woman personally, and the woman will give the man appropriate compensation acceptable to both parties. If the agreement fails, you bring a lawsuit to the court, and the people's court will decide the ownership of the property according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. There is a high probability that the house will also be awarded to the woman and you will give the man some compensation.
legal ground
According to article 1064 of the Civil Code, the debts incurred by the husband and wife jointly signed or ratified by one of them afterwards, and the debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship belong to the joint debts of the husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family are not joint debts of husband and wife; However, the creditor can prove that the debt is used for husband and wife's common life, joint production and operation, or based on the common will of both husband and wife.
Article 1065 of the Civil Code: A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly, or partially owned separately or jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.
The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.