Research On Legal Issues Of Real Estate Division In Divorce Proceedings

In recent years,the common property structure of husbands and wives has undergone diversified changes,especially the relatively valuable property such as houses.In modern society,as individuals and families have more and more wealth,they originally focused on the dissolution of husband and wife relationships and Divorce disputes on child support issues have turned into property disputes.Among the properties,real estate is undoubtedly the most valuable property of ordinary people,so disputes over real estate have increasingly become the focus of disputes between divorce parties.This article uses a case as a guide.While analyzing the main disputes in the case,this article explores the difficulties,basic principles and methods of legal issues in divorce real estate disputes.It also focused on the study of the mortgage disputes in the "Interpretation of the Marriage Law(3)" promulgated by the Supreme People's Court,the disputes over the value-added mortgages,the disputes over the purchase of a house in the name of one parent,and several key issues.This article is mainly divided into four parts.The first chapter is a brief introduction to the case.It mainly introduces the basic case and summarizes the three controversial points of the case.The second chapter is the ownership determination and legal issues analysis of the mortgage house.It mainly analyzes the characteristics of the mortgage house and the two elements involved in the tenure problem,and conducts a comprehensive analysis based on the case.The third chapter is the impact of parents 'purchase of real estate for their children on housing division.It explains whether the parent's investment behavior is a gift relationship or a loan relationship.The specific analysis of the specific problems,combined with this case,explains what the parents' behavior has in dividing the house.influences.The fourth chapter is the analysis of the division of the house value-added part.It mainly discusses the nature of the pre-marital mortgage house's value-added after marriage,considerations for thedivision of the house's value-added part,and the calculation of the division of the house's value-added part after marriage.Specific calculations were performed.Finally,combined with cases,summarize and summarize the three controversial focal points.