Couples * * * use loans to buy a house is divided into two situations:

1. If the divorced couple has an agreement in advance, it is ok to handle it according to the pre-agreed agreement;

2. However, if there is no agreement between the divorced husband and wife, after marriage, the husband and wife purchase and handle the property with mortgage loan in the name of both parties, and the property right of the house is registered in the name of the individual or both parties, and the mortgage loan is repaid by both husband and wife after marriage. If there is no special property distribution agreement between husband and wife, then the house property should belong to the joint property of husband and wife, and the house mortgage loan that has not been repaid to the bank belongs to the same debt.

Husband and wife buy a house with a loan and divorce. Who owns the house?

In the specific process of housing division, if the husband and wife can't reach an agreement on the ownership of the house, it can be handled in accordance with the provisions of Article 20 of the National Marriage Law, namely:

1. If both husband and wife claim the ownership of the house and agree to bid, it shall be allowed;

2. If one of the husband and wife claims the ownership of real estate, the husband and wife who have obtained the ownership of real estate shall give the other party corresponding compensation because the housing appraisal institution evaluates the house according to the current market price of the house;

3. If neither husband nor wife claims the ownership of the house, the house shall be auctioned according to the application of both husband and wife, and the income shall be divided.

Before the divorce, the mortgage of both husband and wife has not been paid off, and the problem of housing ownership when both husband and wife buy a house with a loan can be dealt with in the following two situations.

1. If the husband and wife haven't raised money to pay off all the house loans before the divorce, and have obtained the real estate license to decompress, the husband and wife can sell the house, pay off the raised money, or handle the divorce house analysis and transfer the house to one of the husband and wife.

2. If the house has not paid off the loan, then the property right of the house is mortgaged to the bank, which does not belong to the husband and wife for the time being. Your husband and wife have no right to go through the formalities of property right division. You can write the details of housing division into the divorce agreement between husband and wife, then notarize the divorce agreement between husband and wife, pay off the loan later, and divide the property rights according to the divorce agreement between husband and wife.

Second, how to deal with the divorce of the house with a loan?

When the house is divorced with a loan, the specific treatment method is as follows: 1. If there is no special agreement, the property purchased by loan after marriage should belong to the joint property of husband and wife, and the loan should be divided equally at the time of divorce; 2. If the property before marriage belongs to one party, the property owner will repay the loan. Within 30 days from the date when the marriage registration office receives the application for divorce registration and issues the Receipt for Accepting the Application for Divorce Registration to the parties concerned, any party who does not want to divorce may withdraw the application for divorce registration at the marriage registration office that accepts the application for divorce registration with his valid identity certificate and the Receipt for Accepting the Application for Divorce Registration (if he loses it, a written explanation is required) and fill out the Application for Withdrawal of Divorce Registration in person. After verification by the marriage registration authority, the divorce registration application confirmation form shall be issued, and the divorce registration application form, divorce registration application form and divorce registration application confirmation form (stub) shall be filed together. Within 30 days after the expiration of the cooling-off period for divorce, if both parties fail to apply to the marriage registration authority for a divorce certificate, it shall be deemed that the application for divorce registration has been withdrawn. If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people. The people's court shall mediate in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) 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. Article 1076 of the Civil Code of People's Republic of China (PRC) * * * If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in the marriage registration office in person. 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.

Third, how to deal with the divorce of the house with a loan?

When a couple * * * borrows money to buy a house for divorce, there are two ways to deal with it: 1. If a divorced couple has an agreement in advance, it can be handled in accordance with the agreement agreed in advance; 2. However, if there is no agreement between the divorced husband and wife, after marriage, the husband and wife purchase and handle the property with mortgage loan in the name of both parties, and the property right of the house is registered in the name of the individual or both parties, and the mortgage loan is repaid by both husband and wife after marriage. If there is no special property distribution agreement between husband and wife, then the house property should belong to the joint property of husband and wife, and the house mortgage loan that has not been repaid to the bank belongs to the same debt. Husband and wife buy a house with a divorce loan. Who owns the house? If the husband and wife can't reach an agreement on the ownership of the house in the specific process of housing division, it can be handled in accordance with the provisions of Article 20 of the National Marriage Law, namely: 1. If both husband and wife claim the ownership of the house and agree to bid, it shall be allowed; 2. If one of the husband and wife claims the ownership of real estate, the husband and wife who have obtained the ownership of real estate shall give the other party corresponding compensation because the housing appraisal institution evaluates the house according to the current market price of the house; 3. If neither husband nor wife claims the ownership of the house, the house shall be auctioned according to the application of both husband and wife, and the income shall be divided. Before the divorce, the mortgage of both husband and wife has not been paid off, and the problem of housing ownership when the husband and wife borrow to buy a house can be dealt with in the following two situations. 1. If the husband and wife haven't raised money to pay off all the house loans before the divorce, and have obtained the real estate license to decompress, the husband and wife can sell the house, pay off the raised money, or handle the divorce house analysis and transfer the house to one of the husband and wife. 2. If the house has not paid off the loan, then the property right of the house is mortgaged to the bank, which does not belong to the husband and wife for the time being. Your husband and wife have no right to go through the formalities of property right division. You can write the details of housing division into the divorce agreement between husband and wife, then notarize the divorce agreement between husband and wife, pay off the loan later, and divide the property rights according to the divorce agreement between husband and wife.

4. Can a property with a loan be used for divorce property analysis?

The real estate with loan can be used for divorce property analysis, but the name of the third party registered in the house or the property right certificate has not been handled, which will not be handled in the divorce case.