The Study On The Attribution And Division Of Mortgage House In The Divorce Proceedings

With the rapid development of Chinese economy,the price of houses arerising,the bank mortgage purchase has become a main way for people to buy ahouse.At the same time, people have made a bigger change in marriage, divorcephenomenon become very common.Under the condition of the divorce rate isgetting higher and higher, mortgage houses become the focus of controversy indivorce property disputes because of its complexity and vagueness of the law.Inmany mortgage housing type,the most complex type is a mortgage to buy beforemarriage, borrowed together after marriage, property right is registered in the peoplewho Pay a down payment.Marriage law judicial interpretation (3) make aregulation,for this kind of mortgage house,The rules led to a huge socialcontroversy,mortgage house become a hot topic again.I believes that marriage is different from general property relationship, onlymeasure the necessity of the protection of private property right and the particularityof marriage, To find a fair and reasonable balance, can solve the mortgage housingdisputes better.Except the introduction and conclusion,there are five parts.The first part,Introduces the origin, definition of mortgage system,To analyzethe legal nature of mortgage system in our country,To clarify the mortgage houseinvolves the legal relationship.Provides the theoretical foundation for the ownershipof mortgage house.The second part,Use of two cases to instruction the problem of mortgage housein segmentation.Including the controversy of mortgage house on the ownershipbefore marriage,The controversy of mortgage house which with not estate authoritycard,The nature of the joint repayment behavior and the controversy of housingvalue in segmentation.Analysis the reason of difficult mortgages segmentation.The third part,Combined with the source of mortgage loans and real estateauthority card,there are three parts to discuss a mortgage house.On the ownership.Finally discuss how to protect bank interest when the ownership ofmortgage house is determinedThe fourth part,Through combing the dispute of mortgage housing valuenature,finishing the foreign theory about appreciation in mortgage house,discussingthe nature of mortgage house value and how to divide.How to deal with when thehouse is in a negative value.