Legal Issue Of Mortgage House In Divorce Case

It's a difficult problem in judicial practice that how to deal with mortgage house in divorce case. The "not obtained ownership"of the housing is defined on the mortgage house in China's current laws, and requested courts judge the right of mortgage in divorce case. This approach is inconsistent with the legislative purpose both on statutory Right end to the dispute and the principle of matrimonial property division which does not conform to the Marriage Law,even against the law, fairness and justice. This thesis attempts to explore the nature of the mortgage and housing ownership and solve the mortgage division of housing in the divorce, especially when the premarital value added of mortgage housing division. Break through the processing model for future judicial practice in resolving such issues reference.Besides the introduction section, the total includes four parts.The first part, the definition and nature of mortgage. Including its meaning on mortgage housing in our practice and through of the mortgage on the nature of the identification, analysis of the nature of the mortgage.The second part, the judicial status and causes when divorce mortgage house division.By listing the divorce mortgage segmentation of Justice, analycing the causes of this problem from the legislative level and judicial level. The third part, By the time of divorce mortgage housing ownership identification, analysis of the current common in divorce cases caused by the mortgage housing situation of the four disputesThe fourth part, division of housing mortgages in divorce. In the judicial practice of China's housing mortgage division in a specific way to divorce, especially mortgage houses were identified as personal property, the issue of value-added segments of the study.