Study About Mortgage Housing Attribution When Divorce

The couple divorced in handling mortgage housing issue has been the focus and difficulty in judicial practice, Although the marriage law and the relevant judicial interpretations made the relevant provisions But in the face of a couple of different types of housing mortgage in real life, The existing law is still not fully solve the problem, How to determine the mortgage system is common to all individuals of all couples before marriage, That is how to determine the attribution of the couples housing mortgage, Because our country still does not have a mortgage of the legal, But the existing legal provisions on this aspect have contradictions, When the law, regulations and laws conflicts, In what ways, methods to solve in the judicial practice of various types of couples housing mortgage, The author summarizes the specific practices now in judicial practice and judicial practice in the specific confusion of different district court, At the same time to provide their views and suggestions on several points, for reference only。This addition to the introduction and conclusion, a total of four parts.The first part is about an overview of the housing mortgage problem relates to the husband and wife divorce. This part includes the definition of mortgage housing mortgage, the definition, nature, the divorce case involving mortgage housing disputes type。The second part is about Mortgage housing in our country’s legislation and the judicial. This section lists the relevant legal provisions, caused by inadequate legislation in judicial practice court justice conflict and different practicesThe third part is about the different academic viewpoints couples housing mortgage in divorce ownership, Includes registration, follow the actual contribution of Marxism, couples share, housing delivery can be registered real ownership and other viewpoints and ownership。The fourth part is advise couples housing mortgage home treatment at the time of divorce。General principles of treatment include divorce mortgage housing disputes (consider the personal relationship between husband and wife, considering the particularity of the marital relationship continues to exist, fully consider the length of time between husband and wife, not capital contribution of property right card as the only factor, considering the marital property system) and the suggestion of improving our legislation and improve the legislation and judicature in our country.。...