On The Ownership And Segmentation Of Premarital House Mortgages

In the judicial practice, cases of asking for confirmation on property ownership and segmentation of financing for house mortgages before marriage have gradually increased. Meanwhile, it has aroused widespread discussions in society and different points of view have emerged. Since the Marriage law has no related explains, this paper attempts to supply some help for property ownership and segmentation of financing for house mortgages before marriage based on the case analysis and comparison.This paper consists of three parts:First, overview of financing for house mortgages before marriage. This part mainly introduces the concept of premarital property, characteristics and classification of financing for house mortgages before marriage. On the basis, we analyze the characteristics and cause about the disputes of financing for house mortgages before marriage in the divorce lawsuit.Second, ownership of financing for house mortgages before marriage. In this part, through analyzing judicial practice of financing for house mortgages before marriage, we introduce different viewpoints, analyzes the theoretical basis and illustrate our viewpoint. Then we describe how to determine ownership of the premarital property of financing for house mortgages based on source of head payment and no agreements between husband and wife.Third, segmentation of financing for house mortgages before marriage. In this part, we discuss whether or not the financed house mortgages before marriage especially whose loan is not yet paid off can be divided. We discuss how to divide the value-added parts of financing for house mortgages before marriage. Through referencing the rule on the value-added parts abroad, we analyze the domestic evidences and reasons, further point out the method of dividing the added value parts.