The Research About Division Of Mortgage House At The Time Of Divorce

From nineteen ninties Mortgage purchase mode which from Hongkong into themainland，after more than20years，The concept of housing mortgage has no longer fresh Indaily life. With the change of Chinese consumer attitudes and house prices are risinggradually, more and more people choose the mortgage purchase mode.While the mortgagepurchase, there are more expensive and time features In the mortgage purchase mode. In along time，the purchaser’s marital status may change，which effect the ownership of mortgagehousing. So this paper to the research about division of mortgage house at the time of divorce,in order to study the problem in detail.This paper is divided into six parts except introduction. The first part is a specific casewhich raises the question of this article, including the ownership of the mortgage housedivision in divorce, the nature of the loan of husband and wife together, and the problemabout the value of the house.The second part is about the legal concept and legal relations, property mortgageintroduction."Mortgage" is a mode of real right for security. There are two types of mortgagehouse. Forward delivery mortgage house and Xianfang mortgage. Forward delivery mortgagehouse is a type of security interest, and Xianfang mortgage is Immovable property mortgage.At the time of divorce in the forward delivery housing, is "not obtained ownership housing";at the time of divorce Xianfang mortgage, by not nature of real estate mortgage processing.The third part is the judicial and legal analysis the division of mortgage House. Aboutthe problem,"marriage judicial interpretation three" has clear definition. The article analyzedthe application conditions of this rules. For married mortgage segmentation, provisions of themarriage law and its judicial interpretation has no specific regulations.It Can be processed inaccordance with the general provisions on property. At the end of this part, I analyze thedifferences between the two modes, to prove that processing of two different models from theperspective of jurisprudence is not contradictory.The fourth part is the analysis of principles of segmentation and the solutions. In theprocess of real estate division, it is necessary to pay attention to the general principle, alsoneed to pay attention to the special principles. In this paper, I emphasis on the care of children and the woman’s rights and interests, to facilitate execution, legal three principles. There is adetailed discussion of the treatment method for each type of divorce mortgage housingdivision in the last.The fifth part is the analysis of the nature and division of value-added part of the housingmortgage before marriage. A comparative study by different views conclusioning, part of thevalue of real estate mortgage before marriage should be divided into two parts at. For the partof the value of premarital mortgage payment and the corresponding, Because it is a party’spersonal property, not to split; While the value-added part corresponding to the husband andwife after owing on the loan, should be the joint property of husband and wife shall bedivided. Finally in the calculate way,it is good for Selecting the formula to calculate theinterest.The sixth part, there are still specified mortgage house segmentation problems and putsforward related suggestions. The first is clear situation to premarital mortgage house belong tonon property registration of the party. I agree in part owing on the loan will be common halfproportion, as may be awarded to non property registration conditions. Secondly, themortgage of real value falls, the marriage law and its judicial interpretation has no cleardefinition,it is good for mutual commitment. Again for the housing mortgage segmentationproblem of enforcement, separately from the compensation to banks owing on the loan andchange the implementation of difficult. Finally, it is the problem of compensation andrepayment of the housing mortgage premarital.In fact, the problem of divorce of mortgage House Division is very complicated. Thisreport, based on the previous research, carried out on a variety of issues, in order to deepenthe understanding of the problem, so as to better serve for the judicial practice.