不动产婚内共同还贷及增值的差异化计算——兼谈对《婚姻法司法解释(三)》第十条的释明

The Differentiation Calculation of the Mutual Repayment and Value Increment of Real Property in Marriage——On the Interpretation of Article Ten of The Judicial Explanation for Marriage Law(Ⅲ)

从最高人民法院《婚姻法司法解释(三)》第十条"人民法院可以判决该不动产归产权登记一方,尚未归还的贷款为产权登记一方的个人债务。双方婚后共同还贷支付的款项及其相对应财产增值部分,离婚时应根据婚姻法第三十九条第一款规定的原则,由产权登记一方对另一方进行补偿"出发,分析了现有几种共同还贷及增值的计算方式之不足,在理解吸收这些方式的合理之处并加以完善的基础上,提出了简明的分步计算法,针对离婚时贷款尚未清偿完毕、购买不动产后经过一段时间才结婚等实际情况中出现的非理想情形提出了对共同还贷截止时间加以确定的方法,对相关法理基础进行了释明,对婚内共同还贷及增值的法律性质进行了解析。

In line with Article Ten of The Judicial Explanation for Marriage Law( Ⅲ) enacted by the Supreme People's Court,i. e. 'pursuant to the judgment by the people's court,the real estate is in the possession of the party with the property right registration whereas the loan to be repaid is deemed as his or her personal debt. As for the fund to be repaid by both parties after marriage and the value increment of their corresponding property,the party with the property right registration should compensate for the other party at divorce in line with the regulation of Section One in Thirty-nine Article of Marriage Law',this paper analyzes the defects of several current calculation methods for mutual repayment and value increment and proposes a concise stratified calculation method based on understanding and absorbing as well as improving the reasonable aspects of those methods. Moreover,the paper also advances an approach to setting the deadline for mutual repayment in view of some imperfect cases in practice such as the unsettlement of loans at divorce and delayed marriage after the purchase of real estate,elucidates relevant legal basis and interprets the legal nature of mutual repayment and value increment in marriage.