The Discussion On The Ownership And The Division Of The Mortgage House In Divorce

Along with modern society's development and the transformation of consuming idea, the mortgage loan already became the mainstream way for the ordinary populace to solve the accommodation. This kind of house's ownership and the division in divorce suit because of the involving reality of laws, the real estate law, the marriage law and so on many legal rules, inevitably became dispute's hot spot, the difficulty. But this hot spot, the difficulty face the legislation carelessly with the idea conflict at present, enabled to become the judicature practice puzzle gradually in divorce dispute processing. Therefore, this article regarding the research involving the legal matter on mortgage house in divorce dispute processing, have the important real value.At present, our country adopts legal husbands and wives property system and unifies with the agreement. But besides enumerates way, the marriage law had not explicit standard regarding the husbands and wives joint property. Considering under the agreement property system, the mortgage house qualitative and processing is relatively quite easy, and in the judicial practice's question occurs overwhelming in the legal property system situation, therefore this article discusses only restricted under the legal property system background. The article makes the preliminary discussion in divorce suit ownership and the division question about husbands and wives side mortgage from the legal aspect, to consummates our country's husbands and wives property division system.This article besides the introduction, the conclusion, altogether has four chapters: The first chapter is question statement, in the laws and regulations and the judicial interpretation to when divorces the property division, the mortgage house and the increment part's ownership and the division related stipulation does combs, this question's complexity unfolds the judicial practice, thus defines clearly this selected topic the primary coverage and the important meaning; The second chapter mainly to divorces when the mortgage house ownership and the division carries on the discussion, first carries on the limits to mortgage house this concept, then the basis mortgage house's different situation, divides the mortgage house into the different type performs to discuss separately; The third chapter in carries on the foundation which to the mortgage house increment part's attribute recognized, discussion mortgage house increment part ownership and division; The fourth chapter should consider in the divorce property division explained on the mortgage house and the increment part a principle which and the special principle...