On Divorce Litigation Division Of The Housing

Marriage is an old but also a new topic. As China's divorce rate increases, divorce-related issues increasingly become the focus of discussion. As people see the deepening of the concept of freedom of divorce, the division of property in divorce proceedings has also risen to the core of the issues related to the divorce. In today's society, housing is undoubtedly one of the most important properties of people's lives, which is also the center of family life. Divorce did not eliminate the demand for housing. On the contrary, it increased the housing demand of the ex-couples. In recent years, with housing prices soaring, the two sides in divorce proceedings are almost in the white-hot competition for housing. Therefore, housing division in divorce proceedings is the most controversial focus of the parties.For the housing division, although in 2001, the Legislature had corrected the "Marriage Law" of year of 1980, and Supreme People's court successively enacts a lot of judicial explanation, however, due to the complex case in real divorce proceeding and the diversity of former and existing housing policy, there is no clear rule on property division problems in the divorce process. There are still lagged effect and "no-man's-land".As the emotion breakdown, both of the marriage parties dispute over in order to compete for property. The judiciaries when dealing with complex and diverse cases of divorce, property disputes also seem shilly-shally; the same case will be got different results of treatment due to the complexity of the specific situation. This not only did not meet the demand of the harmony and stability, but also greatly affects the authority of the law.This thesis analyzes the housing segmentation under different property systems in divorce proceedings and attempts to give the appropriate solution to different types of housing from a legal point of view, and try to solve the problem from a higher level by the understanding of the principles and values of the Marriage Law, with a view to the Improvement of related systems helpful.This thesis is made up of four parts expect introduction and conclusion.Chapter one:discussion on the importance of housing for the marriage. It is especially important of parties of a divorce. So the correct and effective solution to the housing division in divorce proceedings is of great significance. Meanwhile, chapter one summarizes the property system of our country and housing type, which is the foundation for the discussion below.Chapter two:discussion on the division of the different types of housing under the legal spouse property system. Given the diversity of our housing policy, this chapter uses the classification method, analyzes different situation:public houses which is bought by couple, mortgage houses purchased by couple, couples' demolition resettlement housing, house of inheritance, husband and wife to economically affordable housing purchased by couple, etc.Chapter three:discussion on the division of the different types of housing under the promissory spouse property system. Firstly, analyzes the nature of the couple agreed property system. Secondly, analyzes the conflict and application the marriage law and the property law, under the community property system which the couple agree that change one's owned house to the jointly owned property, is it necessary to perform property registration, can it be revoke. Finally, gets the conclusion that the marriage law should be applied to adjust. Meanwhile, distinguish between the general system of common property and behavior of giving property. For the circumstances of the behavior, when contract law and marriage law applies to the conflict, the contract law should be applied to adjust.Chapter four:suggestion on improving related systems of the divorce proceedings on housing division. Propose three-level:firstly, to put the corresponding adjustment of judicial interpretation to fill the holes, and the implementation of the guidance system in case a unified scale trials. Secondly, facing the application of the law conflict, we must make full use of juristical logic to determine legal hierarchy to correctly choose the applicable law. Thirdly, solve the new situation and new problems in the housing division by understanding and application of the principles and values the Marriage Law.