我国夫妻离婚时按揭房分割问题研究

发布时间：2018-04-26 14:41

本文选题：按揭房 + 权属认定　；参考：《广东外语外贸大学》2017年硕士论文

【摘要】：随着我国房地产经济的升温,不少家庭难以负担高涨的房价,以按揭方式购房渐渐成为大多数家庭的首选,另一方面,在离婚时面临的房产分割问题是按揭房越来越多,如何合理公平的分割的按揭房也是法院在判案的遇到的棘手问题。《婚姻法》司法解释三自公布以后这几年来,解决了不少现实中离婚房产分割存在的各地判案不一致的问题,也提供了法律依据,但是在按揭房分割的问题上的规定少之又少,可操作性也不强,不论是实际操作还是审判时,都在一定程度上面临着《物权法》和《婚姻法》在适用上的冲突,同时在司法解释条文中,也存在着适用矛盾。本文立足于实践,在选取两个案例的基础上,引出在离婚按揭房分割的所面临的焦点问题,并按出资对象不同的标准,分为夫妻出资和父母出资两种情况遇到的问题加以讨论,在对比各方观点的基础上给出笔者自己的观点。最后针对出资不同的两类按揭房分割的问题,给出相应的完善建议。第一章是按揭房分割的概述,主要从离婚按揭房分割的前提、特点和原则三个方面作了简单介绍,为后面引出所要讨论的问题做出铺垫。第二章从夫妻出资和父母出资两个角度分别讨论这两种按揭房由于出资不同在分割中各自遇到的问题,从法律冲突、法条理解和实际操作等几个方面归纳总结了争议点。第三章根据上一章提出的争议点提出完善建议,前两小节对夫妻出资的法律规定的细化和父母出资的法条的完善提出具体建议,最后一节针对实践中出现的问题提出完善举措。
[Abstract]:With the heating up of the real estate economy in our country, many families are unable to afford the soaring housing prices, so buying a house by way of mortgage has gradually become the first choice for most families. On the other hand, when the real estate is divorced, there are more and more mortgage houses. How to divide the mortgage room in a reasonable and fair manner is also a thorny problem that the court has encountered in the adjudication of the case. Since the publication of the judicial interpretation of the Marriage Law, in the past few years, it has solved the problem of inconsistent judgments in many places where the division of divorced real estate exists in reality. It also provides a legal basis, but there are very few regulations on the issue of the division of mortgage housing, and they are not very operational, whether in actual operation or in trial. To a certain extent, both of them are confronted with conflicts in the application of the Real right Law and the Marriage Law, and at the same time, there are also contradictions in the application of the articles of judicial interpretation. This paper is based on practice, on the basis of selecting two cases, leads to the focus of the divorce mortgage housing division, and according to the different standards of the object of investment, divided into two kinds of cases of husband and wife funding and parents to discuss the problems encountered. On the basis of comparing the views of the parties, the author gives his own views. Finally, in view of the problem of two kinds of mortgage housing division with different investment, the paper gives the corresponding perfect suggestions. The first chapter is an overview of the division of mortgage housing, mainly from the divorce mortgage housing segmentation premise, characteristics and principles of three aspects to make a brief introduction, for the problems to be discussed in the following to make a foreshadowing. The second chapter discusses the problems in the division of the two kinds of mortgage housing from the perspectives of husband and wife contribution and parents' contribution respectively, and summarizes the controversial points from the aspects of conflict of laws, understanding of law articles and actual operation. The third chapter according to the controversy proposed in the previous chapter put forward suggestions to improve the first two sections of the husband and wife contribution of the law and parents to improve the provisions of the specific recommendations the last section for the practice of problems proposed to improve measures.
【学位授予单位】：广东外语外贸大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9

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