What should I do if the house I bought with a loan is divorced?

The house bought by loan is divorced, and the distribution is as follows:

1. Where one of the husband and wife participates in repayment after marriage:

(1) is to pay off one spouse's personal debts before marriage with the joint property of husband and wife, and the owner should give compensation when divorcing, which does not hinder the determination and division of the ownership of mortgaged property;

(2) The property belongs to the joint property of husband and wife. No matter which party obtains the property ownership at the time of divorce, it should compensate the other party for half of the property value. Therefore, it is not difficult to divide the property if both parties can solve the problem of property ownership through consultation. For example, one party can obtain real estate to pay the compensation of the other party and bear the remaining debts of the bank;

2. If both parties can't reach an agreement through negotiation and solve the problem of house ownership through litigation, because the house has obtained the real estate license but has not paid off the loan, the bank has the mortgage right to the house, and it is generally considered that this kind of house belongs to the house that has not yet obtained full ownership;

3. The general court will not directly judge the ownership of the property, but judge that the property belongs to one party, and after paying off the bank loan and canceling the mortgage registration, notify the parties to solve the problem of property ownership through litigation.

Procedures required for divorce by agreement:

1, one of the two parties filed for divorce;

2. The two sides negotiate the way to deal with issues such as property division and child support after divorce and sign a divorce agreement;

3. Both parties go to the marriage registration office for divorce registration;

4, the marriage registration authority for examination, in line with the conditions of divorce registration, issued a divorce certificate. It should be noted that divorce must be voluntary.

To sum up, no matter which party obtains property ownership during divorce, it should compensate the other party for half of the property value. Therefore, it is not difficult to divide the property if both parties can solve the problem of property ownership through consultation.

Legal basis:

Article 1062 of the Civil Code of People's Republic of China (PRC)

The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:

(1) Wages, bonuses and remuneration for labor services;

(2) Income from production, operation and investment;

(3) Income from intellectual property rights;

(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;

(five) other property that should be owned by * * *.

Article 1063

The following property is the personal property of one of the spouses:

(1) one party's premarital property;

(2) Compensation or compensation obtained by one party for personal injury;

(3) Property that is determined to belong to only one party in the will or gift contract;

(4) Daily necessities used exclusively by one party;

(five) other property that should be owned by one party.