The Common Property Of Husband And Wife Split System A Number Of Issues

The relationship of marital property is constantly the important part of marital system, and the division of property is key content of marital property. Since the reform and opening up, the property has changed distinctly in quantity and quality with the development of our economy, consequently the scale of marital property varied largely. Various new properties enter into our common life such as invisible property, shareholder's rights and so on. This phenomenon greatly challenges the distinction and division of marital joint property.The paper takes the division of marital joint property of our country as primary research subject. On the basis of legislative status and social conditions, the paper has emphasized the attribution and division of invisible property and shareholder's rights between husband and wife. First of all, the chapter begins with fundamental theories then expounds to the marital property and marital property division systems of our country. The following chapters elaborately probes into the attribution and division of invisible property and shareholder's rights, besides, discussed the assuming of debt of the couples. The thesis tries to judge the attribution of invisible property and shareholder's rights, and put forward concrete suggestions about the division of marital property through the drawing lessons from some experts and inference the legislative cases abroad. The above is order to find out the reasonable and fair scheme for the existing problems. Fairness and justice are ultimate goal of law, and the relationship of marital property includes many moral factors either. We should balance the law and sentimental considerations while disposal of marital property. Hence, the paper runs through the seeking for the authentic justice.