1. Divorce of a house with a loan shall be handled according to the following rules: if the house is legally recognized as the joint property of the husband and wife, the husband and wife shall negotiate the way to divide the house by themselves; 2. If negotiation fails, the court shall make a judgment based on the principle of taking care of the rights and interests of the children, the woman and the innocent party. If personal property is legally recognized, it does not need to be divided.
Legal objectivity:
The Supreme People's Court on the application of&; amplt; People's Republic of China (PRC) Civil Code. gt; Interpretation of marriage and family (1) Article 78 A husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.