问:如果夫妻双方住房是按揭房屋,按照《婚姻法解释(三)》的规定,离婚时应当如何进行分割?答:在目前的离婚案件中,按揭房屋的分割是一个群众比较关心的问题。我们认为,对于一方婚前签订买卖合同支付首付款并在银行贷款、婚后夫妻共同还贷这类房产,完全认定为夫妻共同财产 Q: If both houses are mortgaged houses, how should we divide them when divorce according to the provisions of “Interpretation of Marriage Law (C)”? A: In the current divorce cases, the division of mortgage houses is a problem that the masses are more concerned about. We think that for a party to sign a contract of sale before the marriage to pay the down payment and bank loans, after the marriage of the couple co-repay such properties, fully identified as the common property of the couple