Legal subjectivity:

If one spouse purchases a house with personal property as a mortgage and takes out a mortgage loan before marriage, the following situations may arise when the house is divided during divorce: 1. If the property rights are registered in one’s own name If both parties repay the loan together after marriage, the house is personal property before marriage and the mortgage loan is a personal debt. When dividing property in a divorce, the part that the spouse participated in the settlement should be returned. 2. If at the time of divorce, the house ownership certificate has not yet been obtained, the parties can resolve it through negotiation. If the negotiation fails, the court should not decide the ownership of the house, but should decide to use it by the parties based on the actual situation. After obtaining the ownership of the house, if the parties have a dispute, they can file a lawsuit separately. One spouse entered into a house sales contract before marriage and paid part of the house payment. After the marriage, both spouses repaid the loan together, and the house title certificate was also obtained after the marriage. The property should be the premarital property of the party who entered into the house sales contract, but the other party One party has the right to ask the court for property division or compensation for the part of the purchase price paid with the joint property of the couple. If both parties purchase a house with a mortgage after marriage, the house is the joint property of the husband and wife and should be divided equally. If one party keeps the house, the other party will be compensated at a discount. 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 1089 of the "People's Republic of China and Civil Code" When divorcing, the husband and wife's debts shall be repaid jointly. If the property of the two parties is insufficient to repay or the property belongs to each other, the parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.