Exploration on the Attribution of Premarital Mortgage House Based on the Implement of Marriage Law Judicial Interpretation

With the rapid development of Chinese economy, the price of houses are rising. Mortgage purchase mode which is from Hongkong into the mainland from nineteen nineties has no longer been fresh in daily life after more than 20 years. The bank mortgage purchase has become a main way for people to buy a house. Simultaneously, people have made a bigger change in marriage, divorce phenomenon become very common. Under the condition of the divorce rate is getting higher and higher, mortgage houses become the focus of controversy in divorce property disputes due to its complexity and vagueness of the law. In many mortgage housing type, the most complex type is a mortgage to buy before marriage, borrowed together after marriage, property right is registered in the people who pay a down payment. Marriage law judicial interpretation (3) regulate for this kind of mortgage house. However, the rules led to a huge social controversy.