Legal analysis: the house purchased by the husband and wife by loan after marriage belongs to the common property of the husband and wife, which is handled by both parties through agreement and divided equally in principle. If negotiation fails, you can ask.

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

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people.

The people's court shall mediate in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce.

Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, it is up to the people to decide.

The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.

Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual 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 husband and wife in the contracted management of family land are protected according to law.

Second, what about the marriage loan to buy a house and divorce loan?

Legal analysis: buying a house by loan after marriage belongs to the joint debt of husband and wife, and the joint debt of husband and wife should be repaid when divorced. * * * 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, it is up to the people to decide.

Legal basis: Article 1089 of the Civil Code of People's Republic of China (PRC), in case of divorce, the husband and wife shall jointly pay off their 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, it is up to the people to decide.

Third, how to divide mortgage to buy a house when she is divorced?

How does mortgage to buy a house divide the property at the time of divorce? (1) If the real estate license is registered in the name of one party, but the spouse has evidence to prove that the house was jointly invested when buying a house before marriage, the house will still be the personal property of the registrant of the real estate license when dividing the property at the time of divorce, and the remaining outstanding debts will be his personal debts, but the down payment and the returned loans contributed and settled by the spouse should be returned. (2) Before marriage, one of the husband and wife purchased the house with personal property as mortgage and mortgaged the loan. Property rights are registered in their own names, and the house belongs to personal property. Similarly, mortgage is a personal debt. After marriage, one of the husband and wife participates in paying off the loan without changing 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 part of the returned loan that belongs to the spouse's repayment should be returned. (3) If the real estate license is registered in one party's name, 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 on the premise that the house purchased before marriage is owned by * * * *, then although the real estate is registered in one party's name, it should still be regarded as the joint property of the husband and wife, and the division should be handled according to the principle of * * * *, in the same way. However, when dividing the property owned by * * * *, if the proportion of capital contribution of the parties is quite different and the marriage lasts for a long time, it should also be considered together. Real estate can be divided with reference to the proportion of capital contribution at that time, rather than dividing the house equally.