1. If the husband and wife share the house equally, the remaining repayment responsibilities will also be borne by both parties.

2, but generally speaking, when a husband and wife divorce, one party obtains the real estate and gives the other party the same amount of compensation. In this case, it is generally necessary to go through a mortgage transfer procedure, and the remaining repayment responsibility is borne by the party who obtained the property;

3. Commercial houses purchased by mortgage loans should be directly divided into husband and wife's property, and loans owed to banks can be treated as husband and wife's debts according to law.

The divorce agreement States who owns the house and has legal effect. Divorce agreement is a written agreement reached voluntarily by both men and women after they decide to divorce, which is binding on the personal, property and maintenance relationship between men and women through consultation.

I. Divorce property is divided as follows:

1, husband and wife have the same property, which should generally be shared equally. In other words, in principle, the husband and wife share the property equally; According to the actual needs of production and life and the source of property, the specific treatment methods can also be different. Personal use items are generally owned by individuals;

2. The same property managed and used by the husband and wife who live in two places shall be owned by the manager and the user respectively when divided; For the difference, the party with more property shall compensate the other party with property equivalent to the difference;

3. If the registered marriage has not yet cohabited, and the bride price is paid according to the custom, or the payment before marriage causes difficulties for the payer, you can request the other party to return the bride price at the time of divorce;

4. If one party operates in partnership with others with the common property of husband and wife, the occupied property can be owned by one party, and the party sharing the occupied property shall compensate the other party for half of the value of the occupied property;

5. If the breeding industry operated by husband and wife in that year has no income, it should be reasonably divided or discounted in order to develop production and operation;

6. Both parties have repaired, renovated, demolished and built a house owned by one party before marriage, and the property rights have not changed at the time of divorce. The diffusion part shall belong to the other party's share, and the owner of the house shall compensate the other party at a discount;

7. Property acquired by marriage, divorced, married for a short time, or caused difficulties to the other party's life by asking for property, can be returned as appropriate. It is difficult to determine whether the nature of the property obtained is a request or a gift, and it can be treated as a gift;

8. Houses shared by husband and wife that are not suitable for split use should be allocated to one party according to the housing situation of both parties and the principle of caring for and raising children or the innocent party. The party who gets the house should compensate the other party for half the value of the house. Take care of the woman under the same conditions for both parties;

9. If one party's intellectual property fails to realize economic benefits at the time of divorce, the other party should be properly taken care of when dividing the marital property according to the specific circumstances;

10. Personal property before marriage is naturally damaged, consumed or lost in married life. If one party claims compensation with the joint property of husband and wife during divorce, it will not be supported.

Second, how to divide the house when the second married couple divorced?

1. At the time of divorce, the property jointly owned by the remarried couple shall be handled by both parties through consultation. 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 woman and children;

2, remarried couples * * * part of the property, in principle, should be equally divided, the specific treatment according to the actual needs of production and life and the source of property, and so on and so forth. Can also be different;

3. Houses shared by husband and wife that are not suitable for split use should be distributed to one party according to the housing situation of both parties and the principle of taking care of the woman or the innocent party. The party who gets the house should compensate the other party for half the value of the house. When the conditions of both parties are equal, the woman should be taken care of;

4. The house with marriage relationship belongs to one party, and the other party asks for temporary residence on the grounds of divorce without residence. After investigation, temporary residence can be granted according to the actual situation, but generally it does not exceed 2 years.

To sum up, the way of property division after divorce is: the property belonging to one of the husband and wife is still owned by the individual; The property jointly owned by husband and wife can be divided by both parties through consultation, or the people's court can make a judgment according to the specific circumstances of the property and in line with the principle of taking care of the rights and interests of the children, the woman and the innocent party.

Legal basis:

Article 1078 of the Civil Code of People's Republic of China (PRC)

The marriage registration authority shall register and issue a divorce certificate if it finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling.

Article 1087

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 children, wives and innocent parties.