Houses belong to the joint property of husband and wife, but when divorce requires division, they will still refer to the purchase method of houses, and both parties will jointly repay the loans for the property purchased jointly after marriage. The other party has the right to demand division, but the specific division ratio will refer to the contribution to the house and whether the married party is the wrong party, which may not necessarily divide the house equally. At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on 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.
legal ground
Article 78 of the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC), the husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and make a loan in the bank, and repay the loan with the joint property of the husband and wife after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce.
If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. In case of divorce, one party to the registration of real estate shall compensate the other party for the money paid by both parties after marriage and the corresponding value-added part of the property in accordance with the principle stipulated in the first paragraph of Article 1087 of the Civil Code.
Article 76 If both parties fail to reach an agreement on the value and ownership of the house in the joint property of husband and wife, the people's court shall handle it separately according to the following circumstances:
(a) the two sides claim the ownership of the house and agree to bid, which should be allowed;
(two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation;
(three) if neither party claims the ownership of the house, the house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided.
Article 1087 of the Civil Code deals with the joint property of husband and wife at the time of divorce. At the time of divorce, the joint property of husband and wife shall be handled by both parties through consultation. If the agreement fails, the people's court shall make a judgment based on 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.