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我国《婚姻法》规定了夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或部分各自所有、部分共同所有。随着社会关系不断加深复杂,离婚诉讼中财产分割问题难度逐渐增大,房产分割尤其是按揭房产分割的处理上仍存有较大问题。本文拟从离婚诉讼中就按揭房屋的处理作如下探讨,拟通过对离婚诉讼中对于按揭房产的分割进行分析,并提出合理建议。一、按揭房屋在我国的法律界定在我国,目前尚未对按揭房屋进行明确的法律界定。
China’s “Marriage Law” stipulates that the husband and wife may agree that the property acquired during the existence of the marriage as well as the property before marriage shall be owned, partly owned or partly owned by each and every part thereof. With the deepening of social relations, the division of property in divorce litigation is more and more difficult. There is still a big problem in the division of real estate, especially in mortgage real estate. This article intends to discuss the treatment of mortgage houses from the divorce proceedings as follows. It is proposed to analyze the divisions of mortgage real estate in divorce proceedings and put forward reasonable suggestions. First, the legal definition of mortgage housing in our country is not yet clearly defined in our country.