Mortgage Property Ownership Issues In Divorce Cases

Along with the rapid economic development in China, divorce case is increasing year by year. In addition, the increasing value of the real estate and mortgage buyers family gradually increased, mortgage real estate disputes is an important focus in divorce cases. In divorce cases, the mortgage real estate dispute is mainly related to the vesting of the property itself and the distribution of the real estate’s mounting value.In order to deal with the mortgage property dispute in divorce cases, China’s judiciary has issued three Marriage Law’s explanation. The three Marriage Law’s explanation provides a legal basis for judiciary in China about solving the mortgage real estate dispute unified and coordinated. In fact, the three Marriage Law’s explanation triggers a strong community question.The essence of the dispute is the relationship among the immovable property rights’ registration procedures, ownership and the marriage. The solution of the mortgage real estate dispute is sort out the front of legal relationship. In addition, prevention mechanism of mortgage property dispute should be improved.