Premarital Mortgage Real Estate Segmentation Problem

With house prices soaring, a large number of young people of marriageable age choose the way of mortgage before marriage and repayment for the loan in the marriage to purchase the marriage room. Because the law of marriage and the relevant judicial interpretations don't give publics regulations, the problems of identification of the nature of this kind of house property and the attribution and the division of the rising-value income become highly controversial.The paper takes the house property which is bought through mortgage by husband or wife before the marriage as primary research subject. The article begins with fundamental theories of the system of marital property, and then expounds the arguments about these questions and the current judicial practice all over the court, and finally introduces the author's views about these problems and suggestion to solve the dispute.This article is divided into four parts:The first chapter is about the basic theories of the system of marital property and its application. It introduces the fundamental theories, including the concept and types of the system of marital property, the legislative history about the system of marital property and the current system of marital property of our country, the legislative history about the division of marital joint property, the principles and the methods of the division, the assuming of debt and so on. Combined with these basic theories, this chapter analyzes the problems of the attribution and the division of such house property which this paper wants to probe into.The second chapter describes the arguments about these questions and the current judicial practice. According to the different situations, the author elaborates the different opinions about the identification of the nature of this kind of house property and the attribution and the division of the rising-value income. Putting several guidance of the local high court as an example, the writer analyzes the current judicial practice about these issues.The third chapter elaborates the author's opinions about these problems. This chapter begins with a case which is designed by the writer. The author compares the different situations which are pointed out in the second chapter by five tables, and points out the author's views about these issues and thinking about two related questions. The forth chapter shows the shortcomings of the law about these questions, and the writer gives some suggestion. The author points out the shortcomings from the aspects of legislation and judicature. Combined with the analysis of the latest judicial interpretation, the chapter introduces author suggestion to solve these problems from two levels.