The Research Of Division Of Personal Mortgaged House In Divorce Case

Reform and opening up for more than 30 years, China's economy is increasingly connecting with the world, Society has undergone earth-shaking changes.Equity, copyright and so on many kinds of property rights into the ordinary people, Make traditional marital property form multi-layered trend, Appear constantly property types enriched the belongings of husband and wife of also brings problems to the law. Mortgage product of building for a real estate rise, Because of the complexity and diversity of its own, Become a divorce dispute the difficult problem。The law is constantly perfect, but hard to catch up with the pace of the social change About individual premarital mortgage houses in the processing method divorce dispute still no law detailed regulations。Therefore, this paper studies in personal premarital mortgage houses the processing, key divorce dispute of qualitative and explore houses appreciation parts division, in order to help the rule of law.This article except preface, endnotes outside, including three chapters. Each progression, a comprehensive and systematic couple party premarital loans the belonging of the purchased house and segmentation research and analysis.The first chapter of the basic facts and related problem is introduced. In this case the research background, elicit significance and scope. Will limit the scope of this study to individuals for couples party personal loans, buy a house behavior. Including party premarital loan buys a house and premarital get ownership and party premarital loan buys a house has two kinds of situations marriage ownership. Also in this paper only within the scope of legal property system were discussed, which ruled out party other circumstances before a loan to buy houses. And on this premise analysis premarital personal mortgage houses in the divorce dispute processing difficulty, mainly including mortgage houses the qualitative and building appreciation part three aspects of qualitative and segmentation. Chapter 2 discusses personal premarital mortgage homes and married appreciation part ownership of the problem. At clarifying the various laws involving mortgage houses, familiar with relevant legal provisions relationship under the premise of personal premarital mortgage respectively, the house's properties and married appreciation part belongs is discussed in this paper.The third chapter is this key chapter. Mainly to the personal premarital mortgage building appreciation part of the segmentation is discussed, and the party will divorce cases before house divided into premarital have achieved the mortgage ownership and have not obtained the ownership from two types, and the capital purchase time, puts forward the source of suits operable, countermeasures for solving reasonably party premarital mortgage house ownership and segmentation problem tomorrow.