First, how to divorce a house with a loan? At the time of divorce, it is difficult to deal with the ownership of the mortgaged house after marriage, but the property right of the house is registered in the name of one of the husband and wife. The main reason is that the judgment changes the property owner, that is, changes the borrower. If the bank refuses to handle the mortgage transfer procedures, the judgment will not be executed. If the house is awarded to a non-registered party, it is essentially equivalent to changing the debtor and requires the consent of the creditor (bank). If the bank doesn't agree, it can't make a judgment. Under normal circumstances, the house purchased with the joint property of husband and wife after marriage, although the property right is registered in the name of one of the husband and wife, still belongs to the joint property of husband and wife, and the mortgaged house is no exception. If there is no evidence that the house is mortgaged by personal property, then divorce should be divided according to the joint property of husband and wife, which is no different from the house in the usual sense. There is no theoretical basis for banks to refuse to handle the formalities of lending. On the one hand, you can't refuse to go through the re-mortgage formalities on the grounds of changing the debtor (nominal repayment person) without the consent of the creditor (bank). According to the above analysis, the actual borrowers of such cases during the marriage relationship are both husband and wife, not the nominal owners or borrowers on the property certificate. On the other hand, if the property right of the house is awarded to any party at the time of divorce, it will not affect the credit interests of the bank, and any party, as the name of repayment, will not affect the house as the mortgaged property to guarantee the debt. The court can't just take the bank's credit interest as the consideration standard when making a judgment, and award the house to the party with strong repayment ability. We should consider the degree of housing demand and still adhere to the principle of protecting women's interests or taking care of parents raising children. Third, according to the principle that husband and wife are jointly and severally liable for debts during the marriage relationship, banks can hold the divorced party accountable. According to the regulations, even if the court distributes the creditor's rights and debts between husband and wife in the divorce judgment or divorce agreement, it will only have internal effect between the divorced parties. The judgment or divorce agreement determines which party will bear the specific proportion of the remaining debts and cannot confront the creditors (banks). However, if a divorced party assumes debts due to joint liability exceeding its due proportion, it may claim compensation from the other party. Article 1087 6868 of the Civil Code (implemented from 202 1 1) shall be applied to divorce, and the joint 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. Article 1089 In case of divorce, the husband and wife shall bear the same debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment. Two, the husband and wife did not pay off the mortgage loan, mortgage loans to buy commercial housing how to deal with? The house should be directly divided as the joint property of husband and wife, and the loan owed to the bank can be treated as the joint debt of husband and wife according to law. According to the regulations, there are two ways to deal with this situation: 1, paying off the loan owed to the bank in advance, and canceling the registration of other rights on the house ownership certificate, so that the people's court can be required to deal with the house ownership problem while dealing with the marriage problem; 2. After the divorce, both parties or one party will continue to repay the loan. After the loan has been paid off and the mortgage registration has been cancelled, both parties may settle the matter through consultation or bring a suit in a people's court. Mortgaged houses are different from ordinary houses, and the division procedure of mortgaged houses by husband and wife during divorce is also complicated, which is easy to cause disputes. If there is any dispute about the division of mortgage house when divorcing your spouse, it is suggested that you can entrust a professional divorce lawyer to help you deal with it.