If you buy a house before marriage, repay a loan after marriage, and get divorced, the house is generally divided by agreement between the parties. If the agreement fails, the people's court may rule that the house belongs to the party who registered the house, and the unpaid loan shall be the personal debt of the party who registered the house. The party registering the house shall compensate the other party.

Legal Basis

Article 77 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the "People's Republic of China and Civil Code" (1)"

If both parties have a dispute over a house that has not yet acquired ownership or full ownership during the divorce and cannot reach an agreement through negotiation, the people's court should not decide the ownership of the house, but should decide that it should be used by the parties based on the actual situation.

Article 78

If one spouse signs a real estate sales contract before marriage, uses personal property to pay the down payment and obtains a bank loan, and after marriage uses the joint property of the couple to repay the loan, If the real estate is registered in the name of the party who paid the down payment, the real estate will be handled by agreement between the two parties in the event of divorce.

If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the party who registered it, and the unpaid loan shall be the personal debt of the party who registered the real estate. The amount paid by both parties to repay the loan and the corresponding increase in property value after marriage shall be compensated by the party who registered the real estate to the other party in accordance with the principles stipulated in paragraph 1 of Article 1087 of the Civil Code upon divorce. .