A Study On The Division Of Divorce Mortgage Housing In China

With the rise of the real estate economy,many families find it hard to afford the soaring house prices,mortgage has gradually become one of the most popular choice among most of them.Accordingly,in the divorce cases,proceedings for mortgage housing ownership identification and disputes increase day and day.How to fairly and reasonably determine the mortgage housing ownership also has become a tough issue when court determine a case.After The third interpretation of marriage law’s release,which solves the problems of different determinations in places and provides the legal basis for solving the disputes in divorce proceedings.But it still regulates little on the mortage house,the present regulations is not operational enough.Whether it is the actual operation or trial,to a certain extent,faced with the Property Law and the Marriage Law in the application of the conflict,while in the judicial interpretation of the provisions,there are also applicable contradictions.This paper is based on the practice an the selected two cases,which faces the focus segmentation in divorce mortgage housing,and funded according to different objects,discussed for couples and parents funded capital encounter two kinds of situations,given the author’s own views in the views of the parties on the basis of comparison.Finally,according to the problems of the two different types of mortgage housing,the corresponding suggestions are put forward.The first chapter is an overview of the mortgage housing division,mainly from the three aspects of the premise,the characteristics and the principles of the divorce mortgage housing division.The second chapter from the couple funded and parents financed two angles discussed respectively the two kinds of mortgage investors in their respective different segmentation problems,summarized from the aspects of legal conflict,law understanding and practice summarizes the controversy.The third chapter according to the proposed a controversial chapter put forward suggestions for improvement,the first two sections of the law the couple funded refinement and parents funded law perfect put forward specific recommendations,the final section is aimed at the problems in the practice of the improvement measures.