Legal analysis: The Civil Code stipulates that the owner of a house can establish a security interest for the house. If the house after marriage is personal property and is registered in the name of the party concerned, the party concerned can apply for mortgage registration.
Legal basis: "The People's Republic of China and the Civil Code"
Article 114 Civil subjects enjoy property rights in accordance with the law.
Real rights are the right holder’s direct control and exclusive rights over specific things according to law, including ownership, usufruct rights and security rights.
Article 241: The owner has the right to establish usufruct rights and security interests in his or her real estate or movable property. The usufruct holder and the security right holder shall not infringe the rights and interests of the owner when exercising their rights.
Article 388 To establish security rights, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subordinate contract to the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law.
After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear corresponding civil liability according to their faults.
Article 394: In order to guarantee the performance of a debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the fulfillment of the agreement between the parties occurs. In the case of a mortgage, the creditor has the right to receive priority in payment of the property.
The debtor or third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing guarantee is the mortgaged property.