Research On Attribution Of Mortgaged House Property In Divorce Cases

With the Chinese society gradually into the "4-2-1", and even the "8-4-2-1" familymodel,the young generation is facing unprecedented endowment the Nurture pressure,mortgage buyers the way has also become the main form of real estate transactions.Husband and wife in marriage to mortgage a house belonging to the common property,generally recognized dispute in the divorce of ownership. Party premarital mortgagebuyers, however, the marriage of mutual repayment of the situation, this ownership asbelonging to the jointly owned property or a party to a premarital personal property hasbecome a problem in the judicial practice. Two more couples internal property relations inthe real estate property right of "property law" and "Marriage, two belong to differentareas of property law and the identity of France, different way of thinking under the lawapplicable to the confusion. In the "Marriage Law" to explain (c) the introduction of thelaw of this expressly provided, all over the court did not form a unified practice, leading toco-different sentence phenomenon. Is not conducive to maintaining the authority of law,can not effectively protect the legitimate rights of the parties. Explain (c) the introductionof the first time explicitly in the law the way of premarital mortgage housing ownership,but there are still some specious, the controversial legal and difficult problems. Therefore,how to determine the pre-marital mortgage room and its value-added part of the ownershipof that standard, how to conduct a fair and reasonable to split, become the focus ofattention by the society people. Therefore, how to determine the pre-marital mortgageroom and its value-added part of the ownership of that standard, how to conduct a fair andreasonable to split, become the focus of attention by the society people..This is basically the same from the three facts of the case, the verdict but verydifferent case, points out that the current legal practice in such cases the decision. Analyzethe difficulty of hearing in such cases, identified the ownership of the of premarital mortgage housing from the perspective of the Property Law and the Marriage Law of theinterface between the husband and wife property, should pay for down payment andsource of funds as a standard to determine its ownership. Housing value-added part of thedistinction between value-added and objective factors resulting in the value-added, due tosubjective factors causing the different situations for different analysis. On this basis, inaccordance with the size of the contribution of housing a fair and reasonable to split, andsplit the compensation standard formula, in order to achieve not only balance the interestsof both husband and wife, but also the full protection of the purpose of personal property.