离婚中按揭房分割问题探析婚姻法专业论文.docxVIP

离婚 离婚中按揭房分割问题探析 西南 西南政法大学硕士学位论文 PAGE PAGE 3 4 4 Abstract From nineteen ninties Mortgage purchase mode which from Hongkong into the mainland，after more than 20 years，The concept of housing mortgage has no longer fresh In daily life. With the change of Chinese consumer attitudes and house prices are rising gradually, more and more people choose the mortgage purchase mode.While the mortgage purchase, there are more expensive and time features In the mortgage purchase mode. In a long time，the purchasers marital status may change，which effect the ownership of mortgage housing. So this paper to the research about division of mortgage house at the time of divorce, in order to study the problem in detail. This paper is divided into six parts except introduction. The first part is a specific case which raises the question of this article, including the ownership of the mortgage house division in divorce, the nature of the loan of husband and wife together, and the problem about the value of the house. The second part is about the legal concept and legal relations, property mortgage introduction. Mortgage is a mode of real right for security. There are two types of mortgage house. Forward delivery mortgage house and Xianfang mortgage. Forward delivery mortgage house is a type of security interest, and Xianfang mortgage is Immovable property mortgage. At the time of divorce in the forward delivery housing, is “not obtained ownership housing”; at the time of divorce Xianfang mortgage, by not nature of real estate mortgage processing. The third part is the judicial and legal analysis the division of mortgage House. About the problem,marriage judicial interpretation three has clear definition. The article analyzed the application conditions of this rules. For married mortgage segmentation, provisions of the marriage law and its judicial interpretation has no specific regulations.It Can be processed in accordance with the general provisions on property. At the end