Research On Solution Of The Mortgage House In Divorce Case

Mortgage purchase in China is nothing new now, as house prices make a spurt of progress, mortgage purchase has become a common household purchase payment norm. Because the law has lagged behind, the swift and violent development of purchase brought about a series of problems for a long time did not make clear provisions of law, to the judicial practice, brings the very big puzzle. Because of this, in August 13th the Supreme People's Court on the application of adoption and implementation of "the people's Republic of China Marriage Law of three. This explained fifth and tenth of the divorce party premarital mortgage purchase ownership and value added provisions. There is no denying that this interpretation of the introduction of long-term judicial practice applicable standards are not unified the settlement of the problem has important significance. But it also caused a great disturbance announced. Some people think, it is a" let a man or woman, so crazy" judicial interpretation, protect the rights and interests of women consider not, some people even think that this interpretation of marriage law of marriage over contract severely hurt the Chinese people 's feelings of marriage, is a cold, hard judicial interpretation.This article from the judicial case proceed with, through the case analysis on divorce mortgage housing ownership, housing mortgage value-added part of the segmentation and other issues, the marriage law of the judicial interpretation of three made provisions of. The mortgage is a kind of housing in general, not any mortgage have divorce segmentation problems, such as the couple have agreed a mortgage, married to the couples joint property mortgage repayment mortgage housing common, there is no big problem. This paper mainly studies the premarital a mortgage, a mortgage loan after marriage common room partition problem. First of all, the case for a simple introduction and analysis. From the legal fact legal relationship to the legal application of case analysis. The parties in a case of the controversial two focus. Secondly, the focus of key research issues. Focus problems mainly in the following two: 1, the mortgage of house ownership problem. That mortgage housing for premarital personal property or the joint property of husband and wife. The judicial interpretation of the provisions of three make this issue were reviewed. If premarital personal property for housing is not involving the segmentation problem, but the housing value-added part is divided, how the segmentation problem is more complicated. If the joint property of husband and wife in the absence of special agreement on both the care of women equalitarianism principle of distribution. For this problem the author from the marriage law of the matrimonial property general principles "on the side of the property before marriage is one of the spouses property" of derivation. Finally draw the marriage marriage common mortgage owing on the loan mortgage housing as one of the spouses personal property. In 2, the value of the house is part of the nature and segmentation processing. Some people think that value is the original fruits to all people, some people think that the increment of investment income, who out of the housing, who have the power to share housing benifits. The author thinks, the value should be divided into natural appreciation and passive in value, according to the specific circumstances of segmentation. Finally, any law does not reach the acme of perfection, this paper points out that the judicial interpretation of the provisions of the three mortgage division of some shortcomings, put forward their own suggestions.