Legal analysis: if the mortgage of the house is not paid off when the husband and wife divorce, it can be agreed in the divorce agreement that one or both parties will continue to repay the loan. After the divorce certificate is handled according to the divorce agreement, the agreement in the divorce agreement takes effect and has legal effect. At the time of divorce, both parties can negotiate on the ownership of the house. The house belongs to husband and wife. At the time of divorce, the house belongs to one party, and one party continues to repay the loan, giving the other party a down payment and repayment after marriage, and compensating for half of this appreciation.

Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC) stipulates that if a husband and wife divorce voluntarily, they should sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.