Legal subjectivity:

1. Before marriage, one spouse purchased a house with personal property and took out a mortgage loan. Before marriage, a real estate certificate was issued in which one spouse was the owner. After marriage, both parties *** Same as loan repayment, how to divide the mortgaged house during divorce? In this case, the house is the personal property of one party, and the other party has no right to request division during divorce. However, the spouse who participates in the joint repayment of the loan has the right to require the other spouse to return the portion of the repayment. What needs to be made clear here is that the simultaneous repayment of the loan, whether using the personal salary of one party or the wages of both parties, should be regarded as the simultaneous repayment of the loan. Therefore, when a house with a loan is divorced, the party who is repaying the loan can request the other party to return the loan payment. You can also request compensation for the increased value of your home. 2. If one spouse purchases a house with personal property and takes out a mortgage loan before marriage, and both parties repay the loan together after marriage, and obtain a real estate certificate after marriage, how will the mortgaged house be divided during divorce? In this case, the mortgaged house is the personal property of one party before marriage. There will be no division in the event of divorce. Because one party purchased the house with personal property and took out a mortgage before the marriage, the property ownership certificate obtained after the marriage is a confirmation of the house purchased before the marriage and does not belong to the joint property of the husband and wife. If the property is deemed to be joint property between husband and wife just because the property ownership certificate was obtained after marriage, there will be a phenomenon where one party has made no investment at all but becomes the owner of the house just because of marriage. This result violates the principle of fairness. 3. If both husband and wife use their own property to purchase a house and take out a mortgage loan before marriage, and both parties repay the loan together after marriage, and obtain a real estate certificate before marriage and the real estate certificate is registered in the name of one party, how should the mortgaged house be divided during divorce? Because under normal circumstances, The basis we use to determine who owns the property is the name on the property deed. Therefore, it is very easy to be recognized as the property of the registered party at this time. Therefore, at this time, when the unregistered party claims that the house is the property of the same person, he must first prove that he has fulfilled his obligation to contribute money to purchase the house before marriage; All are funded under the premise. If the corresponding evidence cannot be provided, the property will be deemed to be the property of one party and will not be divided during division. The law is objective:

Article 1087 of the "People's Liberation Army and Civil Code of the People's Republic of China" When divorcing, the marital property of the husband and wife shall be handled by agreement between the two parties; if the agreement cannot be reached, the People's Court shall According to the specific circumstances of the property, the judgment shall be made in accordance with the principle of taking care of the rights and interests of the children, the woman and the non-fault party. The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law. Article 1088 If one spouse has greater responsibilities due to raising children, taking care of the elderly, assisting the other spouse in work, etc., the spouse shall have the right to request compensation from the other spouse upon divorce, and the other spouse shall provide compensation. The specific measures shall be agreed upon by both parties; if agreement cannot be reached, the People's Court shall make a decision.