On Some Questions Of Husband And Wife's Common Property Division

It is a happy state which husband and wife are pursued in our country since ancient times to live for a life, but we can not deny that because of the complexity of life, a lot of married couples were divorced"Divorce" is an ancient and timeless topic. Two major issues are involved for the disintegration of a family: children's custody issues and the division of common property. In this paper we are talking about the division of Common property of husband and wife. The relationship between husband and wife are connected by the marriage, they both has made their own contribution to the accumulation of wealth of the family, so in cases of divorce, the judge must carry out the division of property According to their contribution to the accumulation of household wealth. In the past, because of economic backwardness, the number of the common property of husband and wife is small, the types are less, judges can split the property more easily. But as our country's rapid economic development, Types of the common property of husband and wife become much, and marriage legislation is lagging behind, the judges encounter a lot of questions in the division of property , which are whether or not some of the property belong to the common property of husband and wife, as well as how to partition. This paper attempts to combine an analysis of cases, making clear that How split some of the special common property of husband at this stage .and by analyzing the shortcomings of our marriage legislation I put forward proposals of my own.The thesis is divided into three parts:Part I: The special types of division of property in divorce. In this section, we analyzed five property types which are easier to have controversy in divorce cases: expected benefits intellectual property rights, mortgage housing, human capital and its expected benefits, husband and wife share, earnings pre-marital property. Writing ideas of this section is asking questions, solving problems so that I can give my own opinion for the five types of division of matrimonial property.Part II: The provisions in China's marriage law on division of property. In this section, the author analyzed the scope of matrimonial property, the principle of partition and the partition which should be taken into account in the current marriage law provisions, and pointed out deficiencies and shortcomings in our marriage legislationPart III: Consideration matrimonial property division legislation in our country. In this part, I try to give some advice to overcome the shortcomings to make our country marriage legislation perfect.