Usually, the house belongs to the joint property of husband and wife, so the joint property is handled by the divorced parties through consultation, and the mortgage loan is the joint debt of both parties. Whether one party should repay or continue to pay together after divorce should also be negotiated by both parties first, and it should be stated in the divorce agreement.

Specific treatment methods:

1. One spouse pays part of the house price before marriage, and repays the loan jointly after marriage, or one spouse repays the loan with personal property. In case of divorce, both parties can negotiate. If negotiation fails, the people's court should not judge the ownership of the house when dividing the property, but should judge the use of the house by the parties according to the actual situation.

It is generally believed that one party's premarital property is personal property. If one party goes through the mortgage formalities before marriage and obtains the property right certificate, it shall belong to the property before marriage.

3. If the title certificate is registered in one party's name, but the spouses have evidence to prove that they also jointly repaid the loan when buying a house before marriage, when the property is divided through divorce, the house is still the personal property of the registrant of the title certificate, and the remaining unpaid debt is his personal debt, but the down payment and the part of the repaid loan that belongs to the spouse's contribution and settlement should be returned.

4. If the property right certificate is registered in the name of one party, and the spouses have evidence to prove that they jointly contributed when buying a house before marriage, and there is evidence to prove that they jointly contributed before marriage on the premise that both parties agree that the house they bought is jointly owned, although the property is registered in the name of one party, it should still be regarded as the joint property of husband and wife, and the division should be handled according to the principle of dividing the joint property. Similarly, its mortgage debt is also a joint debt.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 1087

The disposal of the joint property of husband and wife at the time of divorce shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to 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 one spouse in the contracted management of family land are protected according to law.