Jointly Owned Property System Problem Research

Both men and women becomes the husbands and wives by concluding the marriage, and forms husbands and wives relations. The husbands and wives property relations produce based on the husbands and wives person relations, is important content of the husbands and wives relations, simultaneously is also important component of the civil legal relationship. Our country's marriage law implements the husbands and wives property system that husbands and wives legal property system and the agreement property system coexisting, and take the husbands and wives property obtained after marriage making together as the husbands and wives legal property system. The husbands and wives joint property is the material base and safeguard to maintenance the conjugal family life lasts normally, its scope recognized, the right content and exercises the potency and so on questions appears especially important in the husbands and wives property system.Along with our country's socialist market economy develops, the types of the husbands and wives joint property become day by day diversification, complication. Which properties belong to the husbands and wives all, the husbands and wives to enjoy what kind of right to all properties, should together to bear what kind of duty, becomes question which the marriage law must be clear. But the premise to solve these question, is recognizing clearly the husbands and wives joint property scope. Moreover, when the husband and wife relieves the marriage ties through the divorce, the husbands and wives joint property needs to be breaken up for making the joint property right and the duty clear between the husbands and wives. When carries on the division to the husbands and wives joint property, not only the husbands and wives common debt shares involves the property rights and interests between husband and wife, simultaneously will also involve the third person of benefit protection.This article divides into four parts: the first part is the husbands and wives joint property scope, by limits the concept"the marriage ties lasting period"and"property income", definites the husbands and wives joint property's extension, was clear about the due payment in the marriage ties lasting period not to enter the husbands and wives joint property scope.The second part is the right of husbands and wives to the joint property, including the folk remedy disposition namely daily family work power of attorney and the common disposition, from the jurisdiction scope, exercises the potency and abuses consequence several aspects to give the thorough inquisition separately.The third part is the husbands and wives joint property division, except that original divorce time the division and in a husbands and wives side death's division foundation, supplemented that elaborated the marriage ties lasting period husbands and wives joint property division.The fourth part is husbands and wives common debt undertaking, in the foundation to recognize the husbands and wives common debt scope, elaborated the questions that pays off to the husbands and wives common debt when the marriage and the divorce, and has carried on thorough inquisition to creditor's benefit protection on the husbands and wives common debt.