Mortgage Housing Legal Issues Of Divorce Case In The Research

Real estate is attached great importance to the livelihood of people. Having their own house is not only the people's material requirements, but also their own emotional reflection. Especially in recent years, with the soaring house prices, real estate assets in the family take q great proportion of household assets. The constituents of the real estate appreciation space is very large, so both sides of husband and wife in the property dispute case for the house of contradiction aggravate. The number of dividing mortgage house in law practice is increasing and in real life contribution form is varied, which creates that it is difficult to identify the ownership of the house. Moreover, concerning the applicable< marriage law of the People's Republic of China> (3) involves some issues of real estate (hereinafter referred to as the" marriage law judicial interpretation (3) ") involves many housing issues, including article 6 between husband and wife property of the gift withdrawn, article 7 to buy real estate with parents' fund after marriage, article 10 the affiliation and transaction of a loan to buy real estate before marriage, article 12 the affiliation and transaction of the housing with the common property of husband and wife to buy in the name of one's parents to participate in the housing reform.The emergence of the rules for handling practice about the property dispute has provided a legal basis, which content is reasonable, but the present law about the mortgage house divided regulation still have shortage, which stipulated in article 10 that the side before marriage borrow money to buy real estate is most controversial, this article hopes to clarify how the mortgage housing divides and propose solutions.This paper from the concept, the nature of the mortgage house, the respect such as legal relationship, classification expounds the basic theory of mortgage house, and then discusses the mortgage property ownership and the cause of the segmentation problem. it also introduces the mortgage property division of the judicial and legislative present situation and its problems. Finally, it introduces the suggestions to consummate the mortgage house in a divorce case and legislative Suggestions.The content of the full text includes four parts:The first part is about the basic theory of their homes. First of all, this paper introduces the concept of home mortgages. Secondly, this paper introduces the mortgage house properties, and it's advantages and disadvantages to clarify several points of view. Again, this paper analyzes the mortgages that exist in the legal relationship. Finally, this paper introduces the classification of mortgage house and its difficulty.The second part is the legislative status quo of housing mortgage and judicial practice of empirical research and analysis. The author first introduces the legislative status quo of home mortgages, summarizes the law directly or indirectly to the mortgage house right ownership and segmentation problem of law. Secondly introduces the Chongqing court accepted the case involves the mortgage real estate research report of 2012-2014. The author ask the judge about the process of home mortgages and reading file, and analyze with the judge and the survey data analysis.The third part analyzes the mortgage house ownership and segmentation in the legislative and judicial problems. This part from the following three aspects analyzes the mortgage house on the legislative and judicial problems:(1) designing of the mortgage house ownership rules don't analysis systematically; (2) Supporting facilities of the mortgage housing is not perfect; (3) It is not obvious to take care of female interest in mortgage ownership and division.The fourth part put forward the suggestions for mortgage housing law. The part with the combination of the third part analysis confirmed the mortgage house ownership rules systematically. Introduce how to improve the mortgage housing rights form with a complete set of system. Take more care of female's interest. legislative proposals are put forward.