The Discussion On The Ownership And The Division Of Mortgage House In Divorce Cases

In today’s society, the real estate market is developing rapidly.The house prices is high.In china, People have the traditional "housing" concept and buying the house is the major event for a ordinary family. The means of mortgage lending to households has developed from south to north since 90’s of 20th century in China mainland. People begin to choose mortgage loan to buying a house from many reasons, like the economic development, the changing consumption concept, the improvement of bank loan service. Mortgage housing management.The authority of mortgage house and value-added part of the housing division are in great dispute both in judicial practice and academic disputes. The paper using mortgage house as the research object, start from the basic theory of matrimonial property regime, explores the nature of the mortgage and housing ownership, Discuss the authority of mortgage house and value-added part of the housing division. As for the mortgage system originated from Anglo-American legal System, It has been developed and evoluted for many years.So Anglo-American country have many mature theories and practice experience, it can be the useful instruction for our our theory development and judicial practice. Meantime, I analyzes the arguments on the identification of mortgage and vale-added part of the housing division. Different cases can be classified and briefly analyzed,the put on my own views. In order to handling the division of mortgage house, the court should analysis the specific case based on fact and make the judgment both legally and reasonable. Besides the introduction part, the paper including four chapters.The first chapter is mainly about the marital property system. Its want to reader to understand the legislation spirit and purpose of the system. In order to solve the problem of property division after divorce, the key problem is to clarify the legal nature of mortgage house and the basis to determine the nature of house authority is the marital property system. This chapter mainly introduce two aspects of marital property system which is about the basic concept and classification.The second chapter is about the related problems of mortgage house, including the definition mortgage,identification and analysis of the legal nature of the mortgage in Anglo-American law system. Then to introduce the mortgage system located in China. Form the brief introduction, We can know that China’s mortgage system is a kind of independent right contained a variety old system tools. Many legal entities and relationship involved in the mortgage system which made the property division difficult.The third chapter introduce the housing mortgage theory and practical experience in Anglo-American country, including initial ownership theory, capital source theory, qualitative theory and to divide the value-added part contribution must be the key factor. In order to have a better understanding of the value of legislation in Anglo American law countries, Some typical cases added for reference.When solving the mortgage problem in China,We can borrow these theories from Anglo-American countries.In the fourth chapter, the principles of marital property build the framework of property division. Analysis the different impact of mortgage house division like the housing ownership factors and sources of funds. When the buyer pay the first payment and finish the the mortgage banking procedures, In this time, We considered he or she as the owner of the mortgage house. As for the sources of funding, We should analysis different parts of it. Then make a simple discussion on the classified the mortgage house.At last analyses the division of the value-added part of house and offer the reasonable suggestions.