On The Processing Of Of Premarital Mortgage Housing In Divorce Disputes

Housing Division is a very important part of dismemberment of property in divorce. But this problem is seldom involve in the various legislation of China, especially the emergence of property which are bought on mortgage loans. The author intends to analyze this problem from different angles,and puts forward personal views with Judicial Interpretation III of our new Marriage Law.The thesis discusses the problem in four parts.The first part is an overview of pre-marital mortgage housing. Start from the definition and legal nature of the home mortgage, the legal relation of the changing of jus ad rem, as well as difficulties of the disput of premarital mortgage housing in divorce,the paper explains what is home mortgage and some problem of pre-marital mortgage housing in divorce. this part is the foundation of the article.The second part discusses the possession of premarital mortgage housing at the time of marriage. The main part of the exposition is divided into two parts. The first is the post-marital possession of pre-marital mortgage housing which bought by one of a couple; and the second is the post-marital possession of pre-marital mortgage housing which bought jointly by a couple. From these two angles,the auther introduces the views of legal professionals,and put forward his own view after analysis carefully.The third part is the disposal of appreciation parts of pre-marital mortgage housing which bought by one of a couple. The paper discusses mainly from the following three sections.first section determines the nature of appreciation parts of pre-marital mortgage housing.second section is the post-marital possession of pre-marital mortgage housing which bought by one of a couple,the third section is the Division of pre-marital mortgage housing which bought by one of a couple in divorce. In this section, on the premise of jus rerem,the author takes into account the principle of fairness and gives some credible recommendations.The fourth part is the discussion of current law. In this part, some improved scheme are putted forward by analyzing the advantages and disadvantages of Judicial Interpretation Ⅲ of Marriage Law.