Theory Of The Mortgage House Ownership Determination Of Divorce Proceedings,and Segmentation Research

Division of property has been divorce proceedings,the judicial organs to hear cases in focus,is difficult problem to solve,especially in today's era of soaring property prices,in the face of high prices,most of people but choose the way to the bank mortgage to buy homes,due to the complexity of the legal relationship of mortgage house,involves the subject more,make the cognizance of the mortgage on the house ownership and segmentation is more complicated and diversified,which further exacerbated the property ownership in divorce proceedings and the difficulty of segmentation.Divorce didn't reduce the both sides of husband and wife the demand for housing,this demand,it increases the both sides of husband and wife.Cognizance and split occurred because the property ownership in divorce proceedings within the special field of marriage and family,for the processing of this building inevitably involves the identity relationship,so for the cognizance of the mortgage house ownership is different from ordinary houses,"marriage law" and its regulation of marital property system should be preferred.And the marriage law judicial interpretation(3)a large number of the provisions of the clause is mainly used in the property law,pay more attention to standard,emphasize the property,and focus on the protection of property right of one party,that any deviation from the proceeds of marriage,the marital property system in marriage and family law system together,also violates the fair principle and the "marriage law" advocates to attain the goal of marriage,the protection of the weak.In real life,usually a surviving spouse,usually the man buy homes,the woman responsible for decoration and to take care of the household chores,once the husband and wife relationship,litigation to the court,marriage party in general the wife will face the risk of clean body leave home,how to maintain the family ethics,balance the interests of both sides of husband and wife,especially for the protection of the weak,a weaker party at the time of divorce for buildings to strive for to maximize the legitimate rights and interests is an issue worthy to be discussed.Marital property system during the attention to coordinate the relationship with the property law,the relationship between the marriage law,correctly apply the "marriage law" and relevant judicial interpretations and other laws and regulations and judicial practice of determination and the housing ownership segmentation principles and methods,and points out that the mortgage house ownership problems existing in the determination and segmentation,and their reasonable Suggestions for the problems,which in reality to divorce a how to safeguard the legitimate rights and interests of oneself,it is of great realistic significance.Besides the introduction and conclusion,this article mainly has three parts.The first chapter is mainly the relationship of house ownership cognizance,the influence of the first section discusses the impact on the housing ownership of marital property system,respectively discusses the under the legal property system and agreed property system for housing ownership as applicable.Marital property system and the property law in the second quarter on the application of the housing ownership cognizance,points out that the internal and external relations in the marital property system ruled out on the application of the property right is registered shall be applicable to the binding.Marital property system is related to the property law of the third quarter on the ownership of the property income of applicable,pointed out in the field of marriage,distinguish between fruits and real estate profits,according to the source of the housing and property right "marriage law" and its judicial interpretation and the related provisions of the property law.The second chapter mainly aimed at the cognizance of the mortgage house ownership during the marriage.The cognizance of the mortgage house ownership in the first quarter,this chapter is one of the core part of this paper,according to whether produce evidence,when the divorce is divided into two kinds of circumstances,the first case is obtained when the divorce certificate,in this case is divided into the following points in several ways,including on two typical cases: a mortgage,produce evidence in mortgage registration name,together after marriage also house loan and the circumstances of the cognizance of the value of a detailed elaboration,this section is the focus of this chapter,there exists other sections on other way to buy houses are expounded.In the second quarter is divorce has not obtained the production certificate of house,from the current judicial interpretation of the rules and perfect the judicial interpretation are expounded.Third section describes the mortgage house ownership problems identified respectively in four different conditions are expounded.The fourth quarter,to perfect the mortgage house ownership that advice.Of the division of the third chapter mainly aimed at the share of the couple's home,the first section is a general method of the common property of husband and wife,the second section lists several common has house produce evidence of specific segmentation method,the first three quarters of husband and wife is not acquire building produce evidence of the split of the building,the fourth section points out the problems existing in the division of property of husband and wife,section 5 perfect husband and wife property division's suggestion,add a temporary support system;Add housing extension division system;The scope of the economic compensation to common property system of husband and wife;Set up the system of usufructuary right.