Research On Premarital Mortgage Housing Ownership And Division Problems

The current high prices bring economic pressure. And modern consumption concept is gradually accepted by more people. In the form of a mortgage to buy a house become a mainstream form of buying houses. Mortgage house before marriage involves two people identity relationship of transformation. So it becomes a special kind of real estate. At present, how to deal with the actual divorce property of the mortgage house before marriage caused by disputes has become a hot spot and the difficulty of marriage and family property division. On the one hand, in the field of marriage and family in China legislation about the real estate ownership is still in blank. And existing provisions can’t meet in real life all situations that may occur. On the other hand, mortgage before marriage involves the change of marital relationship. It also involves one party’s property and common property of husband and wife. In fact, many parents began to participate in investment to the mortgage houses registered with one or the couple’s name. Under the common role of above three factors, the possible situations premarital mortgage housing become very complicated. Chinese property law involving real property ownership is different from that in the field of marriage and family. It reflects the value of concept and legislative basis is different. Although the latest third version of interpretation of the marriage law has some merit. But it doesn’t look upon at the relationship of couples which is different from equal subjects based on free trade market. That causes strong response of the public. It should be recognized that when dealing with property on the basis of the special relationships, law should make a comprehensive consideration and measure to balance the relationship of the interests involved couples and the third party:Legislation can be very good cohesion in different areas and clear guidance for people’s behavior.In this paper, the real life different possible status of mortgage house before marriage is listed in detail. It focuses on the analysis of property rights registration related theory and the regulation of our country’s current law and to make a decision of application of regulations in the field of marriage and family. Also considering that parental involvement may make the status of mortgage on the ownership of the house before marriage is much more complicated.In chapter one, on the premise of one party to pay down payment before marriage, possible cases is listed in details. Based on the status of investment, it can be classified into following situations:married couples paying the loan in one’s own personal property, married couples paying the mortgage of property in the property of both sides. It also discussed the actual time of getting the certificate of house property, the presumption of validity of registration of the building, the application of registration of real right in the field of marriage and family. It analysis each specific part of every situation and draws the conclusion.In chapter two, on the premise of mutual pay down payment before marriage, specific situation can be divided into married couples pay the loan with individual property or common property. And in each case, it respectively discussed the ownership of property.In chapter three, the situations of parents participating in the investment is classified into three different cases:landing, granting and paying with the destination on getting the ownership of the house. In each these three situations, it can be classified into that investment to one party or both parties of the couple. It also can be classified into being registered in one side or both sides of the couple.