On The Ownership And Division Of The House Mortgaged And Value-added Component In The Divorce Cases

With the continuous development of society and people’sconsumption patterns change, the purchase of mortgaged house hasbecome the most popular way of purchasing. At the same time as peoplefamily concept continues to change and social mobility increasesceaselessly, divorce became more and more frequent in people ’slife.When the universality of the mortgaged house and the risingdivorce rate meet, the mortgage loan house’s ownership question willinevitably become the focus of controversy when getting divorced.Before "the marriage law of the judicial interpretation (three)"published,China’s legislation on this issue don’t made clear,Eachdistrict court made judicial guidance in conflict This not only hasevolved into a troubled judicial problem, but also greatly harm thelegal authority and the legal rights of the parties, even after the"marriage law of the judicial interpretation (three)" coming on stage,this problem still become a hot focus. Therefore, this paper onmortgaged house and value-added part in divorce cases legal problemresearch has important practical value. This article besides the introduction the conclusion,altogetherhas four-chapters,Mainly uses induction analysis method to discussthe the ownership and division of the house mortgaged andvalue-added component in the divorce cases.The first part is the overview of housing mortgage,Through revealthe mortgage housing’s define,Pointed out the reason of that housemortgaged before the marriage in the divorce dispute and thedifficulties in the process of practice.In the second part,Mainly introduces the foreign theory aboutOn the ownership and division of the house mortgaged and value-addedcomponent in the divorce cases and The significance to our country.In the third part,the author has a discussion about the domesticview to the ownership and division of the house mortgaged before themarriage when the couples divorced.The first is about the problem’scurrent legislation;This was followed by the legal status theownership of the house mortgaged before the marriage when the couplesdivorced;Finally is to the judicial status of the mortgage loanhousing part of the value.The fourth part summarizes issues and solutions of the mortgage and value-added part in divorce dispute.In the mortgage of housingownership problem involves three main controversies;In the housingmortgage value-added part of the segmentation problem mainlyinvolves two aspects.In the fifth part summarize the specific segmentation approachabout the ownership and division of the mortgaged house and thevalue-added part in divorce dispute. Through the above parts of thispaper the author draws one of the spouses in the marriage himselfname signed housing contracts, mortgage contract, and pay the firstpayment, using the common property to repay the loan after marriage,housing ownership registration only have the pay the firstpayment’name and a couple about the ownership of the house withoutany agreement this kind of mortgaged loan house, regardless ofwhether the property permits has been made before divorce, andwhether the house property certificate is got before marriage orafter marriage should be a premarital mortgage party’ individualsproperty.At the same time From the fair angle,the author think thehouse belonging to the private property of husband or wife divisionshould also consider the following factors: the principle of equity; appropriate protect the other spouse right and how to bear theoutstanding portion loan.