Discussion In The Vesting Of Marital Mortgage Housing Ownership

Mortgage housing has become the first choice for many couples when married. The house purchased through mortgage loan by the couple in statutory marital relationship is regarded as the common property of the couple married according to China’s current legal system of marriage. However, due to the distinguishing features of buying houses through mortgage loan, the vesting of the ownership of the couple’s joint mortgage housing, as well as the division of the mortgage house in divorce, has its own particularity. In order to solve new problems and adapt to new situations of current Chinese marriage disputes, the Third Interpretation of Marriage Law formulated by the Supreme People’s Court has been formally implemented on August 13,2011. One of the distinctive features of the Third Interpretation of Marriage Law is to further explain the marital property relations in detail, which is of great significance for perfecting the legal system of relatives. Starting from the history, meaning, and development status of marital mortgage housing, this paper, combing and researching through the current system of marital property relations in China’s Marriage Law, defines the legal relationship of couple mortgage housing and finally makes recommendations on corresponding legislative perfection based on the analysis of current system.In the second chapter, for our country the current about husbands and wives mortgage building legal system to the analysis and points out the author looks insufficiency, then in the third chapter for husband and wife mortgage house legal relationship adjustment are discussed, and through the comparison research Angle of view to foreign representative legal system to compare and combing, and finally the current system is proposed on the basis of analysis of the corresponding legislation proposals.