Theory Of Divorce Proceedings Mortgage The Ownership Of The House

Because of the complexity of the mortgage itself, the mortgage house ownership tobecome the focus and difficulty of the division of property disputes in divorce proceedings.Mortgage house segmentation involves more than law, mainly is the property law, themarriage law and real estate law. Among them the property law and the provisions of themarriage law of mortgage houses there are some conflicts and mortgage the legal relationof the involved building complex, so division of the mortgage houses become a bigproblem in the judicial practice. This paper attempts to affect the division of propertythrough analysis of the housing mortgage of divorce, noting that mortgage house problemsin the judicial practice, analyze the problems of legislative and judicial reasons, legalresolve the ownership of the mortgage house, seek mortgage house ownership and addedvalue part of the law of fair treatment. Finally I stood two angles brief analysis of themarriage law explain (3) debate.The first and second part is the mortgage and the influence of the division of propertyin divorce and the basic problem of mortgage house ownership dispute in the divorceproceedings. Mortgage house divided into a house mortgage and sales to mortgage,Analysis the mortgage of the nature of the common law countries, and then in themortgage to clear the qualitative. Because of the complexity of the mortgage, and practiceof divorce dispute in the division of the property dispute causes numerous.The third and fourth part is the divorce proceedings mortgage the house ownership tothe struggle of the reason and the legal resolution of the mortgage housing ownershipdispute. From two aspects of the legislative and judicial mortgage house is vested in thecause of the dispute. Resolve the of premarital mortgage house property to obtainownership of the property rights, to repayment of the part of the nature and added valuepart of the marital mortgage house.The fifth part is the marriage law explain (3) of article10of the understanding andevaluation. This caused great concern of the society people and the legal profession, andits provisions conducive to the end of the mortgage house ownership split in the judicial practice of different co-contracting phenomenon, has certain positive significance, but alsohas its endless and reasonable place.