从《婚姻法司法解释三》看婚后房产归属问题

The Ownership of Property after Marriage According to the Third Judicial Explanation of China's Marriage Law

《婚姻法司法解释三》是婚姻家庭关系领域最新出台的的司法解释,它为调整夫妻间财产关系提供了更为明确的法律依据,部分条文的设计上更是对现今存在的紧迫问题的及时回应,具有很多的亮点,但社会对这些亮点仍存有诸多争议。譬如:父母为子女购房的房产归属问题;婚前一方个人按揭购房的房产归属问题;夫妻共有产权一方私自处分后的房屋归属问题等,这些问题的解决亟待现行法律的完善。

＂The Third Judicial Explanation of China’s Marriage Law＂is the latest Marriage Law in the field of marriage and family relations,which provides more explicit legal basis for adjusting the marital property relationship.Some legal provisions timely respond to urgent problems that exist and have lots of bright spots.However,the public has caused considerable controversy over these legal provisions.For example,the ownership of houses that parents buy for their children,how to deal with the issue of the ownership of houses bought by one pre-marriage mortgage;the ownership of their jointly possessed houses if any one of the couple dispose without authorization.