The Identification Of Ownership And Division Of Matrimonial Joint Housing On Divorce

At this stage, marriage housing has become people's greatest problem faced by married people. The house itself has a good value, and also has the function of solving the house problem, and an appreciation of the potential to deal with a dispute, for the identifacation of ownership and division of matrimonial joint housing has been a judicial practice of the problem. When divorced, the prerequisite of the house division is the nature of that, only to belong to the husband and wife together all the houses in that divorce can be split. In real life, as the diversity of the type of house and various types of the properties that are getting divorced, and complexity of the housing problem has its controveisy, and our current law on marriage and the provision of housing that needs to be perfect, and a couple of common premises and the division for a more comprehensive system of the need is a very important. This article is divided into four parts,except the quote and conclusion.Part one: The arisen of the question. The part firstly introduced one identical case:one is a mortgage loans in the house before marriage and their dispute over the divorce cases, the case led to discuss the text of the couple divorced after all that exists in the house and the division of the problem.Part two: The identification of the matrimonial joint housing on divorce.This part firstly introduced some laws related to house. For example, Law of marriage, and Law of material. Then introduce several cases owned by the husband and wife together. For example, both parties agreed to jointly all the houses, and the houses which purchased as the common property after marriage. At last, the two common issues about the house holding by the husband and wife together have been hackled.Part three:The division of the matrimonail joint housing on divorce. This part firstly expounds the basic principles of the division of common joint house according to the basic principle of a common property. Secondly on the basis of Law of Marriage and relevant judicial interpretations, the part introduced the specific method of the division of the joint house. Based on this, it raises three aspects when deals with the division of the husband and wife's joint house.Part four: The suggestions to the identification and division of the matrimonail joint housing on legislation and judice. This part gives feasible recommendations to the identification and dividing problem in relation to the separated couple of common premises from two aspects, such as legislative and judicial countermeasures. Legislative proposals focused on the theory, but the judicial emphasis on the practice.