On Attribution And Split About House With Single Loan And Post-Married Increment When Divorce

With China's booming socialism market economy, the people improve their living standards constantly, and it has led to a complex and diverse trends in matrimonial property since Reform and Opening-up. About property form, the commodity house had begun to appear except high-end furniture, household appliances and deposit etc. Although in 2001, the Legislature had corrected the "Marriage Law" of year of 1980, and Supreme People's court successively enacts a lot of judicial explanation, however, even without complex case in real life, there are still lagged effect and "no-man's-land".The pre-marital property of one spouse, it means that the spouse had got ownership of the property before marriage relation becoming effective. The pre-marital property of any one is the personal property of one spouse, never extending into the common property for marriage relation continuing. However, the income comes from pre-marital property after wedding, "Marriage Law" adopt the system of "enumerating after wedding". Only property which being enumerated by law is the husband and wife's common property, besides, there is no clear prescript which is from "Marriage Law" and relevant judicial explanation. The property, which belonging to one spouse who had the ownership before married, has no direct relationship with wedding, and still pertains to the one, and has not changed its ownership for establishing marriage. If one of the spouses did his best for adding the pre-marital property value which belongs to another during they were spouses, the increment is the common property or not, belonging to them?We should be from the perspective of law and discuss one case which is the couple's property knottiness in the article, the knottiness is about house ordered with the loan and how to divide up the ownership. I hope I can devote myself to consummate the system of couples splitting property, in my country.The thesis is made up of three parts except Introduction and Conclusion.Partâ… : the problem. First all, we should discuss one case. The part would expatiate on the studying background, significance and scope in the thesis. And the action studied is this kind of action that one of spouses bought house with personal loan, the personal loan including two situations: pre-marital loan and married loan. Otherwise, we would exclude the situation that the couple had the stipulation of house ownership in advance, it means that we had excluded all situations of personal purchasing with loan.Partâ…¡: We discuss the action of purchasing house with loan and who has the increment when married. Main theory comes from "property law" and "Marriage Law". Starting from that all kinds of one spouse buying house with loan, we would analyze the action of purchasing house with loan and who has the increment when married. Besides discussing the Adscription, the part ratifies attribution situation that the action which buying with loan should be analyzed based on different situation, and according to pre-marital property principle which in our law. Pre-marital party through loans and real estate purchase card registered in his name, after repayment of the housing co-ownership shall be vested in one party before marriage belong to all; but one loan purchase agreement before marriage, after repayment of the housing co-ownership should be vested in should be as the case may be. Another, the part expatiates on the fact that the increment when they are couple is the spouse common property, though the house was purchased by one with loan before they are married.Partâ…¢: We discuss the division of pre-marital loan and post-married increment when divorce happens. The property division principle should be according to that that the house with common loan is spouse common property and the house with personal loan is personal property. But, we should adopt some principles when property division, such as promissory division higher than legal division, compensating the one returning the married common loan though not his pre-marital personal loan, ensuring the one's right without house. About the division of house increment after married, I suggest that it should be divided according to spouse common property principle. Besides, the one who has taken on the loan should be considered under the situation.