Legal analysis: When the house is mortgaged depends on the situation. If a husband and wife buy a house with a mortgage loan before marriage and repay it after marriage, in this case, the house belongs to personal property, and the other party has no right to ask for division, but it can negotiate to return part of the property in the repayment. If the house is bought by a husband and wife with a mortgage loan after marriage, both parties repay the loan, and the property belongs to the husband and wife, no matter where the real estate license is registered, it is divided by the husband and wife through consultation. If negotiation fails, they can bring a lawsuit to the court.

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

Article 1087 If the property of husband and wife cannot be settled by agreement at the time of divorce, 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 children, wife and innocent party.

Article 1089 At the time of divorce, husband and wife shall jointly pay off their debts. * * * If the same property is insufficient to pay off or the property belongs to each other, and the two parties cannot reach an agreement, the people's court shall make a judgment.

Article 1064 The debts incurred by both husband and wife for the same signature or by one party afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family, unless the creditor can prove that the debt is used for the life, production and operation of the husband and wife, or because the husband and wife have the same meaning, do not belong to the same debt of the husband and wife.