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.
Divorce property is divided as follows:
1, husband and wife have the same property, which should generally be shared equally. In other words, in principle, the husband and wife share the property equally; According to the actual needs of production and life and the source of property, the specific treatment methods can also be different. Personal use items are generally owned by individuals;
2. The same property managed and used by the husband and wife who live in two places shall be owned by the manager and the user respectively when divided; For the difference, the party with more property shall compensate the other party with property equivalent to the difference;
3. If the registered marriage has not yet cohabited, and the bride price is paid according to the custom, or the payment before marriage causes difficulties for the payer, you can request the other party to return the bride price at the time of divorce;
4. If one party operates in partnership with others with the common property of husband and wife, the occupied property can be owned by one party, and the party sharing the occupied property shall compensate the other party for half of the value of the occupied property;
5. If the breeding industry operated by husband and wife in that year has no income, it should be reasonably divided or discounted in order to develop production and operation;
6. Both parties have repaired, renovated, demolished and built a house owned by one party before marriage, and the property rights have not changed at the time of divorce. The diffusion part shall belong to the other party's share, and the owner of the house shall compensate the other party at a discount;
7. Property acquired by marriage, divorced, married for a short time, or caused difficulties to the other party's life by asking for property, can be returned as appropriate. It is difficult to determine whether the nature of the property obtained is a request or a gift, and it can be treated as a gift;
8. Houses shared by husband and wife that are not suitable for split use should be allocated to one party according to the housing situation of both parties and the principle of caring for and raising children or the innocent party. The party who gets the house should compensate the other party for half the value of the house. Take care of the woman under the same conditions for both parties;
9. If one party's intellectual property fails to realize economic benefits at the time of divorce, the other party should be properly taken care of when dividing the marital property according to the specific circumstances;
10. Personal property before marriage is naturally damaged, consumed or lost in married life. If one party claims compensation with the joint property of husband and wife during divorce, it will not be supported.
To sum up, 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, pay compensation to the other party and bear the remaining debts of the bank.
Legal basis:
Article 1078 of the Civil Code of People's Republic of China (PRC)
The marriage registration authority shall register and issue a divorce certificate if it finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling.
Article 1087
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.