On The Ownership And Division Of The House Mortgaged Before The Marriage When The Couples Divorced

For various reasons,it has become a problem existing in the domestic theory and judicial practice that the division of"the house mortgaged before marriage"when divorce. With both availableness and application of the unknown in the foreign legislation and judicial practice, its reference value still needs us to weigh. In view of the importance of this problem, the drafting Judicial Interpretation Three of the Marriage Law has incorporated it, but whose content has changed for many times. Therefore, the study to this question is important in both theory and reality.This article mainly used the methods of reduction, comparison and analysis. Based on the reduction and analysis to the current view, this author draws a conclusion that"the house mortgaged before marriage"should be treated as the first payer's personal possession, the spouse can share the added interests of the house by analyzing the domestic and foreign law. Besides, the article also has a discussion about the relative questions. The article is mainly composed of three parts: the introduction, the main text and the conclusion.The introduction mainly describes the macro background of the problem, and points out that the division of"the house mortgaged before marriage"when divorce is a comprehensive and complicated problem, which is important and urgent to research.The main text is divided into three parts:In the first part, the author put forward questions and has an analysis about its reasons. Firstly, the article argues that there are mainly two most important questions among the series of questions, which is the problem of the ownership of the house and the problem of the division of the added interests. Secondly, the article analyzes the reasons about the difficulty. Besides, the article put forward some basic starting point to deal with the problem.In the second part, the author has a discussion about the ownership of the house. Firstly, the author has a summery and analysis to the current views. Secondly, the author examines the domestic law. Besides, the author suggests that the house should be treated as the first payer's personal possession by analyzing the relative questions.In the third part, the author has a discussion about the division of the added interests. Firstly, the author has a summery and analysis to the current views. Secondly, the author examines the domestic law and the foreign legislation and judicial practice, draws some conclusion. Besides, the author suggests that the added interests of the house should be shared by the spouse and the loss should also be undertaken reasonably.The conclusion is a summery of this article, and some questions are further put forward.