The House Ownership Problem In Divorce Dispute

The house is the settlement, the use value for people always be mattered. Based on the traditional concept, most families purchase the building, so the real priority in the family property plays a larger proportion. Currently, the land resources are scarce, housing prices soaring, under this background, people think better of housing value, which caused disputes are increasing. In many of the divorce dispute, mortgage problem of a house ownership is hot. But this hot spots are currently facing with the idea of deficient of legislation conflict, and has gradually become the puzzling problem of judicial practice. Therefore, this article concerning the mortgage houses in the divorce dispute handling legal problems research have important practical value. Considering the agreed under the system of property of qualitative and dealing with mortgage housing is relatively easy, and judicial problems in the practice most occurred in legal property system, so this paper discusses occasions only under the background of legal property system. This paper has five chapters, comprehensively and systematically study the belongings of husband and wife to mortgage purchase homes in divorce ownership segmentation problem. The first chapter is the introduction, this paper introduced the research background and significance, domestic and foreign literature review and research methods. The second chapter of mortgage shall be outlined. System processing are housing mortgage when divorce belongings of becoming the most difficulty, primarily by the complexity of the mortgage system itself, it includes determined by three main body, four legal relationship, to clarify the various legal under the system of mortgage relationship, solving the problem of the house ownership mortgage premise. This chapter introduces the definition, mortgage mortgage the legal property, building appreciation part of the legal nature and the legitimacy of the segmentation of related theory. The third chapter presents a mortgage when the divorce of the house ownership for reason. Main reasons are property and status law rules of property ownership of a conflict between determined; Divorce dispute battle with typifications mortgage ownership diversification; Mortgage house has not obtained the ownership and has not achieved full ownership of the concept of confusion; houses The marriage of private property appreciation part during the debate and not how segmentation clear law, causing local decision. The fourth chapter basically contradictory according to different circumstances appeared at the time of divorce on mortgage house typed analysis, which is divided into four kinds of situations are discussed. Chapter 5 constructing suitable for China's national conditions of divorce mortgage house ownership system. First is to the supreme people's court of the People's Republic of China on marriage law the explanation of some issues [3] (drafts) article 13, the article analyzes the existing problems of the proposal draft, such as purchasing more than half of the total price become house for personal property judge this building not rational, the core factors being borrowed jointly partial refund content not very clear, etc, the author thought about this issue should be dealt with when contemplating divorce belongings of husband and wife to the principle of the protection of women's rights and especially, then discusses the judicial practice in divorce in the mortgage houses, including specific segmentation method recognized as a mortgage houses for personal property, dealing with appreciation part.