Proper Procedure Related To Property Disputes Caused By Divorce

In recent years, along with the continuously deepening reform and opening-up in our country, the entire society has been experiencing a transition from a traditional society to a modern one and from an agricultural civilization society to an industrial civilization one. During the transition, the stability of marriage and family has also been shaken. Property disputes caused by divorce are growing due to various kinds of reasons including abnormally high urban housing price, the majority occupancy of house purchasing in the household expenditure. By writing this thesis, the author hopes to do his humble part to contribute to the proper procedure related to property disputes caused by divorce.This thesis is divided into 3 parts as the following:Part-1 is about the features and types of property disputes caused by divorce. In this part, an analysis proceeding from features and types of property disputes caused by divorce is made. In terms of the features, in the thesis, the strong Identity attributes and the complexity of this kind of dispute are analyzed. The complexity of property disputes caused by divorce stems from the complexity of the dispute between wife and husband, which does not apply to the principles of dispute resolution between market players. Property can be divided differently from different perspectives. From the perspective of the subject, it can be divided into public house, private house, incomplete property house; From the perspective of purchase form, it can be divided into reformed house, commodity house, self-built house. It will help solve the property disputes caused by divorce if features and different types of property are known to people.Part-2 is related to analysis and procedure of commodity house over divorce. This part is explained in two aspects: public house and reformed house. In terms of public house issue, the author makes an analysis of the common problems in entity and procedure. Disputes over reformed house often show features like the internal nature of the disputes, the complexity of funding and various kinds of interwoven legal relationships. The ownership of the public house after its reform will be effective once it is agreed and registered. Property department has no right, responsibility or necessity to inspect and check its funding or property before or after marriage without being informed of the funding and some other situations. To do well on housing reform registration in accordance with the true intention of both parties is the key to avoid property disputes.Part-3 is about analysis and procedure of the commodity house over divorce. In this part, the explanation and analysis are begun from the disputes over commodity house property rights and some other common disputes. The ownership of the house during the procedure of divorce case is the logical starting point for us to analyze, thus the ownership of the house should be ascertained first than other issues. Multi-agents funding, especially parents purchasing houses for children, is often without specific declarations. Purchasing houses for unmarried children can be regarded as gifts to one's own children while gifting for married children owns the opposite legal interpretation. The problems of mortgage housing are concentrated too, but it is easy to discriminate if property theory is used to interpret and manage. Along with the development of and emphasis on social welfare, some special commodity houses such as economically affordable house and low-rent house will become more and more popular. Can property disputes caused by divorce be dealt with in time and in a conform and fair way only if we had an awareness of procedure and applied the basic theories in Property Law to balance issues with a big imbalance of interests or obvious inequality and if the relevant functional departments would formulate related laws in time and improve its legislative level when necessary.