1. The house was purchased after marriage and belongs to the joint property of husband and wife. At the time of divorce, the house and mortgage are divided by both parties through negotiation, and the court will decide if the negotiation fails;

2. Paying to buy a house before marriage is registered in the name of one party, and the outstanding loan is the personal debt of the party whose property right is registered, and the real estate also belongs to the property of one party;

3. Buying a house before marriage, the house is registered in the name of both husband and wife, and the house belongs to the joint property of husband and wife. At the time of divorce, the house and mortgage should be divided together, and both parties should negotiate on their own. If negotiation fails, the court will decide.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

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.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.