A Study On The Confirmation And Division Of The Mortgage Housing Ownership In Divorce

Judicial Interpretation of Marriage â…¢ give the new regulationsabout the confirmation and division of the mortgage hosingownership,but it still exists some problems,which include:thecertifications of confirmation of the mortgage hosing ownership indifferent stages of marriage is not clear;The way of division of themortgage hosing is not clear including there is not great definitionabout the properties of bank's loan repayed together by man and wifeand the treatment in divorce.This thesis is divided into three sections.The first section has analysed the judicial current situation andreasons of division of the mortgage hosing in divorce.The selectiveanalysis is the different meanings and loopholes in the latest judicialinterpretation and the reasons of formation of judicial guidesuggestions in different places and the divergence of judgement.The second section has explained the general principles of thejudgement about the mortgage hosing ownership in dicorce and some special factors effect the judgement of the mortgage hosingownership in divorce such as the time point of the buy of house andthe house purchased before marriage or after marriage.The third section has explained the problems of the division of themortgage hosing. We discuss the way of divison of the mortgagehosing according to two classifications"community property andpersonal property". It also includes the problems of how one sidecompensates the other side who also participates in the repayment ofloan.