Dissertation > Political, legal > Legal > Chinese law > Marriage Law

On the Division of the House Mortgaged Before the Marriage When the Couples Divorced

Author LinGuiLing
Tutor ZhangHuaGui
School Southwest University of Political Science
Course Legal
Keywords premarital mortgage house attribution of ownership appreciation depreciation suggestion
CLC D923.9
Type Master's thesis
Year 2011
Downloads 111
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Housing is necessary for subsistence, it is irreplaceable in our lives. As the special attributes of housing, it has vey high economic values. Moreover, these economic values are increasing continuously. As price of houses rising enormously, few people can purchase a one-time payment in full for a house. Therefore, mortgage buyers becomes the ideal choice for the majority of working-class. Simultaneously, the views on love and marriage changes with the times, divorce rate reveals a growing trend as well. When couples getting divorced, they have to dispute on the court endlessly if the problems on mortgaging housing can not be solved by their own negotiations. So how to split the mortgage houses becomes a problem worries a lot of people. This article is focused on real problems existed in the cases, and the problems on ownership of premarital mortgage house has been discussed. Based on some views on current judicial practices, suggestions on solving this problem have been promoted by the author.According to comparison and analysis on current judicial views and induction on some dot points, following point views has been summarized: ownership of premarital mortgage house should be defined as belonging to the one who paid the first payment. The added value for the house is divided according to the ratio of bills they paid.There are seventeen thousand words in this article which can be divided by introduction, main body and conclusion structurally. The introduction is focused on the background of this issue, proposed that it is hard and urgent to divide the ownership of premarital mortgage house.The main body can be divided into four parts, In the first part, reasons and details for the cases have been introduced. The second one is focused on two controversy issues which induced by theories and practices of the case. In the third part, different opinions on the controversy issues are proposed theoretically and practically. Research findings are concluded by analysis and examination in the forth part which is began with understanding definition, property and related legal relationships, then considered the current judicial status of how to divide the ownership of premarital mortgage house. Finally, conclusion on regarding disputes of the issue is given in the end of part four.It is summarized in conclusion that because of the specialty of premarital mortgage house, it is very important to make it clear on its ownership status before marriage. At the same time, corresponding legislation should been proposed to solve the problem.

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