Mortgage loan to buy a house, at the time of divorce should be how to deal with?

A, premarital mortgage loan to buy a house:

(a), Party premarital loan buy a house before marriage and obtain housing ownership, the repayment of loans to housing mortgaged to the bank, married couples with common property to repay the loan:

1, buy a house house pangui all;

2, the husband and wife together half compensation will repay the loan to another party.

3, the remaining outstanding debt repayment by the person buy a house.

(two), a party to premarital personal property mortgage purchase housing and mortgage loans, housing property registration in their own name, married the other party involved in the case of loans:

1, the house belonging to personal property mortgage loans, personal debt.

2, has returned to the loan of one spouse to part, shall be returned.

3, the remaining outstanding debt repayment by the person buy a house.

Note: the common owing on the loan, whether by side with individual wages owing on the loan, or use both wages owing on the loan, should be identified as community owing on the loan.

(three), Party premarital mortgage loans to buy a house, property registration certificate in the name, one spouse has evidence to prove that the premarital have jointly funded the situation:

1, the housing for property registration certificate of personal property, the remaining outstanding debt to personal debt;

2, the first payment and has returned to the loan of one spouse to invest and the liquidation of the part, he shall return.

(four), Party premarital mortgage loans to buy a house, property registration certificate in the name, one spouse has evidence to prove that the premarital have jointly, and there is evidence to prove that their marriage is based on both sides agree to buy houses all together under the premise of the investment situation:

   1, property certificate is registered in the name of a party, is the joint property of husband and wife, mortgage loans for the conjugal debt.

   2, divorce, division of common property shall be handled in accordance with the principle of.

Note: if the investment proportion of the two gap, and did not live together during the marriage or marriage is short, not average segmentation, can refer to the proportion of capital contribution segmentation.

(five), for mortgage loans procedures with individual name either side of actual investment and the purchase contract, and to the two sides signed in the name, real estate certificate is registered in the name of:

Both sides enjoy housing property share, according to the general property registration certificate share shall be divided.

(six), Party premarital paid 1629, the marriage common owing on the loan, or a party with the personal property loan. At the time of divorce, housing ownership certificates have not yet attained:

According to the interpretation of the Supreme People's court "on the application of 'issues' marriage law of the people's Republic of China (two)" the provisions of article twenty-first, or have not yet obtained the divorce have not obtained full ownership, the parties fail to reach an agreement, the people's Court Property for housing ownership attribution judgment should be based on the actual situation, the decision to use by the parties. The provisions of the preceding paragraph housing made full ownership, if the parties have disputes, may bring a lawsuit to the people's court shall.

Two, buy a house after the mortgage loans:

(a) the name, men and women married to one side or both sides of the purchase and the mortgage loans for real estate, property registration in person or the name, after marriage by the mortgage situation:

If no special agreement, the property belonging to the joint property of husband and wife, not repay the mortgage bank to the conjugal debt.

(two), both men and women married to the name of the purchase of real estate, in the name of one party for the mortgage, repayment of loans by the side of the case:

No matter the registration on both sides or one party name, if no special agreement, all belong to the common property of the couple.

Note: for the treatment of the property, the marriage of the housing property, this case is the joint property of husband and wife, regardless of the property certificate is a name, or both names, are the common property of the couple. Segmentation of the value of housing according to market prices, not on the original purchase contract amount calculated; if a loan, we will remove some of the loan. In the segmentation process, if both husband and wife have housing ownership attribution were unable to reach an agreement, in accordance with the "marriage law" interpretation (two) the provisions of section twentieth, i.e.:

　1, both sides claimed ownership of houses and agreed to bid, he shall be permitted to;

　2, the Party advocated the housing ownership, by the assessment organization according to the market price of housing assessment, access to housing ownership shall give the other party a corresponding compensation;

3, both sides do not claim ownership of housing, according to the application of the parties on the proceeds from the auction houses, segmentation.