I. Identification of the nature of the loan house
First of all, it is necessary to make clear whether the house purchased by loan is the property of both husband and wife or the personal property of one party. If it is purchased by loan during the marriage relationship, it is usually regarded as the joint property of husband and wife. If one party borrows money to buy a house before marriage and both parties repay the loan after marriage, it involves the division of the value-added part of the house.
Second, negotiate the division of real estate
Husband and wife can negotiate to determine who owns the house and how to divide the loan debt. If consensus is reached, a divorce agreement can be signed and relevant formalities can be handled at the real estate registration department.
Third, the litigation division of real estate.
If the two parties fail to reach an agreement through consultation, either party may bring a lawsuit to the court to demand the division of property. The court will make a judgment in accordance with the law according to the specific circumstances, taking into account the purchase time, capital contribution, loan situation, repayment situation and other factors of the house.
Four, the handling of prenuptial property agreement
If the husband and wife signed a property agreement before marriage, which clearly stipulated the ownership and handling of the loan house, then the divorce should be handled according to the agreement.
To sum up:
When a house bought by a husband and wife with a loan is divorced, both parties should first negotiate to divide the property and loan debt. If no consensus can be reached, a lawsuit can be brought to the court, and the court will make a judgment according to law. In the process of handling, we should pay attention to protecting our legitimate rights and interests, but also respect each other's rights and interests. In addition, in order to avoid unnecessary disputes, it is suggested to sign a property agreement before marriage to clearly stipulate the ownership and disposal of the property.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1087 stipulates:
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.
The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of People's Republic of China (PRC) (I)
Article 77 provides that:
At the time of divorce, the two parties have disputes over the house that has not yet obtained ownership or full ownership. If negotiation fails, the people's court should not judge the ownership of the house, but judge that it should be used by both parties according to the actual situation. After the parties have obtained the full ownership of the house specified in the preceding paragraph, if there is any dispute, they may bring a lawsuit to the people's court separately.