1. If the mortgage of the house is not paid off when the husband and wife divorce, it can be agreed in the divorce agreement that one or both parties will continue to repay the loan. After the divorce certificate is handled according to the divorce agreement, the agreement in the divorce agreement takes effect and has legal effect;

2. After negotiation, the house belongs to the joint property of husband and wife. At the time of divorce, the house belongs to one party, continue to repay the loan, compensate the other party for the down payment and repayment after marriage, and half of this value-added.

How to divide the loan house during divorce is handled as follows:

1. If one party wants a house and the other party doesn't want it, the person who gets the house can give the other party half compensation. The value of the house is calculated at the market price, usually based on the evaluation value of the real estate professional evaluation company;

If both husband and wife want a house, they can bid for property rights, and the highest bidder can get the house. Bidding is fair in theory, but it is unfair to the disadvantaged party in fact, and it is easy to cause new social problems, so bidding is not applicable in some cases. If the woman has a nursing child and has no other housing difficulties, if the man wins the housing through bidding, it will make the woman fall into great difficulties and even difficult to survive. In this case, the people's court can decide to determine the ownership of the house, and the person who gets the house will give the other party half compensation. The calculation basis is usually based on the evaluation value of the real estate professional evaluation company.

Both sides don't want a house, but they can auction the house and share the income equally.

To sum up, if the mortgage of the house is not paid off when the husband and wife divorce, it can be agreed in the divorce agreement that one or both parties will continue to repay the loan, and after the divorce certificate is handled according to the divorce agreement, the agreement in the divorce agreement will take effect and have legal effect; After consultation, the house belongs to both husband and wife. At the time of divorce, the house belongs to one party, and one party continues to repay the loan, and pays the other party the down payment and repayment after marriage, as well as half of the value-added compensation.

Legal basis:

Article 1087 of the Civil Code of People's Republic of China (PRC)

At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

Article 1089

At the time of divorce, both husband and wife should bear the same debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.