Problem Investigation Of Segmentation Of Premarital Mortgage Estate In Division

With the support of our country and people’s continuous efforts, the economic system reform has deepened year by year, and the level of people’s material life has a qualitative leap in our country. The property relationship between husbands and wives also becomes more and more complex and which has a more important position in marital relations. As it were, property and marriage rely on each other and can not exit without any one. During the existence of marriage, the property relationship between husbands and wives protects community property and personal property. As an important form of property, houses are the vital guarantee for the material basis. When the marriage is ended, especially in divorce proceedings, the segmentation of estate by court is paid close attention to. As some scholars think, divorce contributes to termination of cohabitation, but the termination of cohabitation won’t influence the value of the house that they cohabited in. In other words, divorce won’t eliminate the need for the houses of parties, but increase the need for houses. The strong desire for estate of common people is from the reform of the housing system, the development of estate industry, the increasing housing price and urbanization, and the stress of supporting the young and the old from the family pattern “4-2-1” in our country.The article is based on judicial case, discussing the problem of mortgage estate, value of ownership, and value of segmentation. At the same time, based on legislative and judicial status, the suggestion of establishing a system of mortgage house notarized and strengthening the efforts to mediate this kind of divorce’s case.