The Study Of Mortgage Housing Division In The Divorce Dispute

With the economic development,high prices of heat continues to rise,in the face of high prices,mortgage buyers seem to become the first choice for couples to buy a house.But in the process of judicial practice,how to deal with the sale of housing split with the mortgage,but has become a major problem plagued husband and wife property division.At present,China's "Marriage Law Interpretation ?" Although the provisions of the separation of mortgage housing,but the mortgage housing in the marriage during the period of value-added part of the division of the provisions of the more vague,and thus in the legal profession and the community has aroused great The controversy.Therefore,the study and analysis of the split housing problem for the division of husband and wife property has a certain practical significance,but also help to resolve disputes,try to resolve the contradiction at the source.The author believes that the relationship between marriage and ordinary property is different,it is based on both husband and wife before marriage,the property of marriage as the basis for the existence of the property during the marriage for the content of the special property relations.Therefore,only in this particularity and the protection of individual rights between the right balance,in order to more reasonable solution to the mortgage house arising from the issue of disputes.This paper attempts to explore the meaning of the properties and attribution of the mortgage house,based on the structure of the existing law,in the divorce split the mortgage room to solve the problem,especially in the marriage before the purchase of mortgage housing,The At the same time,this article will break through the traditional processing mode of imprisonment for judicial practice to provide theoretical and practical basis.In addition to the introduction and conclusion,this article has five main parts of the main content.The first part introduces the concept and nature of mortgage housing.Pointing out that China and the Western countries on the different identification of mortgages,mortgage housing ownership to determine the concept of the theoretical basis.The second part introduces the problems of the separation of mortgage houses in divorce lawsuit in our country.Starting from three different cases,leading to the current situation of social housing mortgage housing breakdown and the controversy.Including the concept of mortgage housing is not clear,divorce does not deal with the existence of substantive rights dispute;marriage mortgage repayment of mortgage housing ownership of the existence of disputes;mortgage housing in the marriage during the period of value-added category of controversy and legal guidance Conflict between the referee basis.And from the perspective of legislation and justice to explain the reasons for the separation of mortgage housing.The third part from the husband and wife to invest in mortgage housing ownership and parents before marriage,marriage for children to purchase the ownership of the situation from two angles to analyze the ownership of China's mortgage housing.And the marital mortgage housing ownership of a variety of circumstances were analyzed.The fourth part is the discussion on the method of dividing the mortgage house in divorce.The legitimacy of the value-added part of the mortgages irn the end of the marriage,whether they belong to the common property of the mortgaged property or the personal property,is validated when it belongs to the common property of the husband or wife or belong to the personal property.After determining the nature of the value-added part,the ownership of the value-added part of the mortgage house is reasonably divided according to the specific circumstances.Combined with the first part of the case to draw conclusions.The fifth part is the author of the mortgage housing legislation made small recommendations.Hoping to establish a mortgage housing system and the husband and wife marriage appointment system.Will resolve the contradiction at the source,the combination of legal and reasonable,so that individual interests are maximized to meet.The method used in this paper is analogy,enumeration and case analysis.