How to divide the mortgaged property in divorce? Latest Hot Topics Analysis and Legal Guide
In recent years, with the increase in divorce rates and fluctuations in the real estate market, the issue of division of mortgaged properties in divorce has become a hot topic in society. The following is a compilation of hot content on this topic across the Internet in the past 10 days, combined with legal provisions and actual cases, to provide you with a structured analysis.
1. Review of hot events
| Date | event | heat index |
|---|---|---|
| 2023-11-05 | A celebrity couple divorced, and the division of the multi-million-dollar mortgage and property caused controversy | 92,000 |
| 2023-11-08 | Hangzhou court ruled that joint loan repayments after marriage require compensation | 68,000 |
| 2023-11-12 | Draft judicial interpretation of new marriage law released | 75,000 |
2. Core principles of mortgage property division
According to Article 1087 of the Civil Code and relevant judicial interpretations of the Supreme People’s Court, the following rules must be followed for the divorce division of mortgaged properties:
| situation | Split method | Legal basis |
|---|---|---|
| Down payment before marriage + joint loan repayment after marriage | The property belongs to the registered party and the other party is compensated for the loan repayment and value-added part. | Article 1062 of the Civil Code |
| Purchase together after marriage | In principle, it will be divided equally, taking actual contributions into account | Article 10 of the Third Judicial Interpretation of the Marriage Law |
| Partial contribution from parents | Share determined based on capital contribution ratio | Article 1063 of the Civil Code |
3. The latest judicial practice trends in 2023
Three major trends can be seen from recent hot cases:
1.The calculation of the value-added part is more refined: Courts in many places have introduced professional appraisal agencies to calculate property value appreciation.
2.Loan repayment record retroactive period extended: Some cases support the retrieval of bank statements for more than 5 years.
3.Increased consideration of special circumstances: For example, those who raise children have priority in obtaining the right of residence, etc.
4. Hotspots and Controversies
| Disputed points | Support ratio | Opposition proportion |
|---|---|---|
| Should personal down payment be deducted before marriage? | 63% | 37% |
| Is renovation money included in the property value? | 41% | 59% |
| Is the capital contribution from parents considered a loan? | 55% | 45% |
5. Professional lawyer advice
1.Keep the complete chain of evidence: Including house purchase contract, payment voucher, loan repayment record, etc.
2.Handle ownership registration in a timely manner: Avoid division obstacles caused by purchase restriction policies
3.Negotiation priority principle: Litigation takes an average of 14 months, and mediation can be shortened to 3 months.
6. Latest policy developments
According to the draft judicial interpretation released on November 12, the following provisions are planned to be added:
| Terms | Summary of contents |
|---|---|
| Article 24 | Clarify the division ratio of the post-marital appreciation of the pre-marital property |
| Article 31 | Refining the criteria for determining the nature of parental investment |
| Article 45 | Added priority clause for residence registration |
Note: The statistical period of the above data is from November 1 to November 12, 2023, and is derived from public judicial documents, Weibo topic lists, Zhihu hot posts and other platforms.
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