Before divorce, the mortgaged property is a house purchased with one party's personal property mortgaged before marriage. If the husband and wife repay the loan with the same property after marriage, the house is registered in the name of the down payment party and belongs to the property of the down payment party. However, the down payment party should compensate the other party for the part repaid with the same loan.

legal ground

Article 78 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Civil Code of People's Republic of China (PRC) on Marriage and Family (I).

Husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage. If the real estate is registered in the name of the down payment payer, the real estate will be handled by both parties through agreement at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.