If the mortgage loan of the divorced house is not repaid, both parties must bear it; If there is an agreement through consultation, it can also be repaid by one of them; If one party is unable to pay the housing loan, the bank has the right to recover from his spouse. After the party that has not obtained the house repays the house loan to the bank instead of the other party, the compensation party can recover from the other party.

legal ground

Article 1087 of the Civil Code

At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.