Pre-marital mortgage is generally not a joint debt. However, if there is conclusive evidence that the debtor's mortgage loan is due to the common life, production and operation of husband and wife, or based on the common will of both husband and wife, it should be regarded as joint and several debts.

legal ground

Article 1064 of the Civil Code of People's Republic of China (PRC)

Debts jointly signed by husband and wife or ratified by one of them afterwards, as well as debts incurred by one of them in his own name for the daily needs of the family during the marriage relationship, are joint debts of husband and wife.

Debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family are not joint debts of husband and wife; However, the creditor can prove that the debt is used for husband and wife's common life, joint production and operation, or based on the common will of both husband and wife.

Article 1089

At the time of divorce, the joint debts of husband and wife are paid off by both parties. If the joint property is insufficient to pay 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.