伴随经济的繁荣,房价的节节攀升,“按揭买房”对于广大民众来说已不是新鲜词。按揭贷款买房已成为越来越普遍的购房的不二选择,在高离婚率的现实中,按揭贷款购买的房屋的权属及分割问题也势必成为离婚纠纷中的争议焦点。本文将就按揭买房中比较典型的一种类型,即婚前一方按揭并完成首付和贷款手续,婚后夫妻共同还贷展开论述。首先,分析其中的法律关系;接着,讨论此类房屋的权属问题;最后,分析该类房屋增值部分的性质及如何分割。 With the economic boom, rising house prices, “mortgage buy ” for the general public is not new. Mortgage loans to buy a house has become an increasingly popular choice of home purchase. In the reality of high divorce rates, the ownership and division of houses purchased by mortgage loans will inevitably become the focus of controversy in divorce disputes. This article will buy a mortgage on the more typical type, that is, a mortgage before the mortgage and complete the down payment and loan procedures, marital repayments of the common repayments. First of all, analyze the legal relationship among them; then, discuss the ownership of such houses; finally, analyze the nature of the value-added part of such houses and how to divide them.