On The Research Of Attribution And Division Of Mortgage House In Divorce Case

At present, the marital property system in China mainly include the legal property system and promissory property system, property belongs to the kind of goods, the maximum value of marital property and real estate mortgage system, is increasingly being accepted by the public and the society, the property buyers in the absence of sufficient funds, can help of mortgage loans purchased property, so as to meet the rigid the demand of social public in a timely manner. Although in March 1,2015 the implementation of the "Provisional Regulations on" real estate registration, but the mortgage property ownership and the segmentation problem discussed in this paper the basic does not involve the first registration, change of registration, transfer of registration, cancellation of registration, correction registration, the dissidence registration, registration of advance notice registration, seal trade matters, this also means that the issue of mortgage real estate ownership and segmentation basic does not apply to "real estate registration" Provisional regulations.In the divorce dispute of property distribution there is considerable controversy, because the mortgage real estate system of procedure is very complicated, and the nature of divorce cases, the mortgage real estate can not be accurately distinguish qualitative, premarital mortgage or mortgage, Party married parents financed or both parents jointly funded and many other situations require, the ownership and the division and then the real estate mortgage real estate part of the value of how to allocate and many other problems will become increasingly prominent focus of controversy for property disputes in divorce cases and practical crux links. Moreover, the ownership and the division of property mortgage is inevitably involved in property law, marriage law, real estate law and other department law, between the different departments of law and it is difficult to avoid some conflict rules, which also makes the difficulty of court cases are increasing, and gradually become a thorny problem in judicial practice of the urgent need to resolve. Therefore, aiming at the problems of how to allocate our current divorce mortgage real estate ownership and the division and the real value-added part, carried on the discussion analysis, has certain theory significance and the practice of benefit.This paper consists of five parts, the first part is a brief overview of the concept, characteristics, types of mortgage property as well as the major legal relations and other basic content. The second part is the combing our country about the property in case of divorce segmentation and mortgage real estate ownership and segmentation legislation evolution. The third part is based on China’s judicial practice, to explore the deep-seated reason analysis of thorny issue mortgage property ownership and segmentation in the divorce cases as well as the cause of many difficult dilemma. The fourth part is the specific investigation and analysis of the Anglo American and many other countries the current laws and regulations about the ownership and the division in divorce cases, part of the value of the mortgage property or some judicial practice. The fifth part is the specific analysis based on the above, according to the different situation of the mortgage real estate at the time of divorce is elaborated and detailed countermeasures and suggestions.