It is not the person who pays the down payment before marriage who owns the house. For the case of buying a house in the name of an individual before marriage and applying for a mortgage loan, if there is only one person's name registered on the real estate license, then the house is still his personal property, which is often referred to as "pre-marital property". The mortgage is his personal debt. Even if one of the husband and wife participates in paying off the loan after marriage, it does not change the nature of the house as personal property. Therefore, when divorce divides property, the house is personal property, and the remaining unpaid debts are personal debts. The returned loan, which belongs to the part solved by one spouse, shall be returned.

For one party's contribution and the registration of both parties, it will generally be regarded as the joint property of husband and wife.

According to the registration system of real estate, as long as the name appears on the real estate license, there will be a share. In this case, regardless of whether the other party contributes or not, but the name of the other party has been registered on the real estate license, the property should be the joint property of husband and wife. As for how to divide it, it depends on the specific situation. If there is no agreement on * * *, it can be considered as * * * and * * *, which is what people often say. However, this is not absolute. In this case, due consideration will be given to the specific situation of investors. Therefore, when divorcing and dividing property, investors can get more points.

Legal basis: Article 1063 of the Civil Code of People's Republic of China (PRC).

The following property is the personal property of one of the spouses:

(1) one party's premarital property;

(2) Compensation or compensation obtained by one party for personal injury;

(3) Property that is determined to belong to only one party in the will or gift contract;

(4) Daily necessities used exclusively by one party;

(five) other property that should be owned by one party.