中国婚姻法离婚时房屋增值与按揭购房分割问题的处理（Dealing with the problem of house value increment and mortgage purchase in divorce law in China）.doc

中国婚姻法离婚时房屋增值与按揭购房分割问题的处理（Dealing with the problem of house value increment and mortgage purchase in divorce law in China） Dealing with the problem of house value increment and mortgage purchase in divorce In November 10, 2000, Li Nan married liu. Li Nan before the purchase of real estate for the marriage of both A living, Liu married female escort property: color TV, refrigerator, air conditioning, a motorcycle and some furniture. In February 2004, Liu Nvsheng, a boy Li fruit. In May 2005, Li Nan in his own name through the purchase of a garden district three bedroom B housing mortgage loans from banks, housing the total price of 145 thousand yuan; Li Nan pay the first payment of 45 thousand yuan, and 100 thousand yuan of bank loans, loans for a period of 15 years. Li Man in October 2008, divorce proceedings, the two sides agreed to divorce and custody of children, but the division of property, Li Nan believes that the property of A B is to buy real estate property before marriage, with his own savings, should own. Liu woman believes that although the real estate A Li Nan but the marriage marriage of all, after the expansion, renovation by more than 4 yuan to buy value to 170 thousand yuan, while their dowry items or depreciation or consumed, it should be part of the value of real estate division 130 thousand yuan; B is married to buy real estate, Department of the joint property of husband and wife should be the average segmentation. The above case concerns the following two questions: (1) dealing with the value added portion of a house before marriage Chinas revised Marriage Law stipulates that the premarital property of one party is the personal property of the husband and wife. This provision completely denies that in the past, before marriage, all personal housing or production and subsistence materials in one country may be converted into common property because of the existence of a certain period of time between husband and wife. However, a personal property