Husband and wife buy a house after marriage, and one pays the loan. Divorce property is divided into joint property of husband and wife. For the real estate purchased during the marriage relationship, one or both parties' income is the joint property of husband and wife, and one person repays the loan with the joint property of husband and wife. Both parties can share it equally or request the court to divide it.

legal ground

Article 1087 of the Civil Code of People's Republic of China (PRC)

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.