The Research On The Division Of Premarital Mortgaged House

With the improvement of socialist market economy in China and thematerial and spiritual life of people, personal fortune is increasing and thetypes of marital property show diversification, which means, in terms ofproperty composition, original articles for daily use are accompanied withnew asset types such as appliance, real estate and stock rights. Thesoaring house price and the change of consumption concept compel moreand more people to purchase houses by mortgage loan, which is alreadyone of the main ways for common people to own houses before marriage.The division of joint property has to be solved in divorce when thedivision of premarital mortgaged houses attracts the biggest concern.Therefore, dealing with premarital mortgaged houses inevitably becomesa hot spot in divorce. The nature and handling of premarital mortgagedhouses and their added value are difficult points of divorce issues.To sum up, it is very important to determine the nature of and dividepremarital mortgaged houses under the legal property system. The paperanalyzes the division of premarital mortgaged houses with cases and includes three parts excluding the Foreword and the Afterword.Part One: An introduction to the disputed issues of premaritalmortgaged houses by a real case. These issues include the nature andhandling of premarital mortgaged houses and their added value.Part Two: A comparative analysis on different courts’ opinions ofpremarital mortgaged houses by two real cases. And an introduction tothe rules about premarital mortgaged house of interpretation (III) of themarriage law.Part Three: The study on the handling, in particular the nature anddivision, of the added value of premarital mortgaged houses.