Analysis Of The Segmentation In The Divorce Dispute Of Premarital Mortgage House

With the rapid development of China’s socialist market economy, China’s housing prices are also rising, especially the way to buy a house on mortgage before marriage has become the most common for the majority of mortgage buyers. Then, when divorce has been an inevitable trend, in divorce cases, the problem of the redistribution of the ownership of the house mortgaged and segmentation and compensation in value-added part has become the focus of controversy. Although "the marriage law judicial interpretation (Ⅲ)" to this kind of problem has made a more detailed provisions, but because there are conflicts between each departments and the perfection of the relative law obviously lagged behind social development. At the same time, in order to balance the interests of all parties, the ownership of mortgage house before marriage and its value of segmentation and compensation problem remains controversial, is still a focus in the study of theory and practice.Firstly, this paper uses a case which raises two questions, the essence and segmentation of the premarital mortgaged houses ownership and premarital mortgage value-added part of the house; secondly, it illustrates the different views about the premarital mortgage housing property ownership in theoretical circle and the different approaches in the judicial practice and then puts forward their views that the influencing factors of premarital mortgage house property ownership. Finally, the paper has discussed the mortgage house appreciation part in divorce dispute processing before marriage, which respectively expounds the nature and segmentation of the mortgage house before marriage and at the time of the partitioning of the other party compensation calculation and analyzed the mortgage house depreciation before marriage problems.