The Research Of Division Of Mortgaged House Property In Divorce Cases

This paper analyzed the problem of division of mortgaged house property in divorce cases. Nowadays, more and more people pay the mortgage on their houses in China. So the problem of how to dividing the mortgaged house property has become a focus at the time of divorce. However, legislation is just the reflection of true–life and presented limitation all the same. Plus the complication of mortgage and property division system, division of mortgaged house property is one of the most difficult problems in divorce cases.This article is discussed under the legal property system, because it is easier to deal with the mortgaged house under the contractual property system and there are more problems come out under the legal property system.This article is composed of four parts excluding the Foreword and the Afterword. Part One: An introduction to the problems of division of mortgaged house property in divorce cases which are educed by a real case. Including the conflictions between different laws and judiciary guiding opinions, how to deal with the problems about mortgaged house and how to dividing the increment of mortgaged house's value.Part Two: The study about the jurisprudence related to the house-mortgage system, including the definition of mortgage, the character of house-mortgage system, the real right alternation of mortgaged house and the definition of the increasing value of mortgaged house.Part Three: A comparative study on practice experiences and theories about dealing with the problem of division of mortgaged house property in divorce cases in foreign countries and different places around China.Part Four: The feasible solutions of dealing with the problem of division of mortgaged house property in divorce cases based on the previous studies. It links to our country's reality, doing the objects segmentation method, segment different situations of mortgaged house in divorce cases and select feasible solutions to different situations.