If there is a mortgage under the husband and wife's name, the distribution of the mortgage at the time of divorce should depend on the specific situation. If the real estate belongs to both parties, the unpaid mortgage belongs to both parties' debts, which will be repaid by both parties in the event of divorce. If the property is owned by one party, the outstanding debts shall be borne by the property owner, and the repaid mortgage loan shall compensate the other party accordingly. Both parties may also make an agreement on property and debt, and the agreement is legally binding on both parties.

law

Article 1089 of the Civil Code of People's Republic of China (PRC) * * * In case of divorce, the husband and wife shall jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

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