Legal analysis: if the husband pays the down payment before marriage and the husband and wife repay the loan together after marriage, the divorce shall be handled by both parties through consultation; If the two parties fail to negotiate, the court will generally rule that the house belongs to the party who paid the down payment, and the remaining loan will be repaid by it alone. For the part jointly repaid after marriage and the corresponding value-added part of the house, the party who obtains the house will pay the corresponding compensation for the house discount to the other party.
Legal basis: Article 1062 of the Civil Code of People's Republic of China (PRC), the following property acquired by husband and wife during the marriage relationship is the joint property of husband and wife: (1) salary, bonus and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (5) Other property that should be jointly owned. Husband and wife have equal rights in dealing with common property.