The Divorce Property Ownership Problem Research

Because China's economic, political,cultural, and the rapid social development, especially in recent years, real estate prices, beyond the general public purchasing power, marriage property relationship and therefore is on a new, more complex trend, led directly to the husband and wife in the divorce sure property ownership when applicable law is made up of many different types of controversy. The law of the People's Republic of property law to develop and implement determined the effect of real estate and ownership of the rules, and determine the in part a direct impact on the real estate ownership marriage system's development. The ownership form, the real right of state stabilization and family members pay for couples to price increase of real estate, make way couples in real estate confirm the ownership and divorce when segmentation have more and more disputes and legal applicability. And during the existence of marriage in real estate is the most valuable property, the state ownership of divorce is when both sides of husband and wife legal rights and an important guarantee of the rights and interests of survival after marriage. Besides high housing prices, in face of the for most couples, may never can only possess a real estate, so the ownership of the realty divorce is always the core issue of the division of property. According to the supreme people's court statistics, marriage and family dispute cases increasing year by year, relatively concentrated in the case in premarital loan to buy a house, a real estate between husband and wife, children identification problem. This background, both sides of husband and wife will prioritize the property ownership, solve the most difficult past divorce belongings, become a problem of the supreme people's court important legislative explanation task."The supreme people's court on on the application of the people's Republic of China Marriage Lawof interpretation ( three)"of the promulgation and implementation of the court hearing, clear in part a divorce case division of property law rules, as the real estate ownership divorce in the field of legal dispute part provides an important application of law and legal solution. The law as a superstructure, inevitable for social and economic development service, which is also the direct reflection of social problems."The supreme people's court on on the application of the people's Republic of China Marriage Lawof interpretation ( three)"releasing relative to a marriage appear constantly social phenomenon, there will be still lags behind in the case of the adjustment. Therefore, this paper from the judicial practice in the real estate ownership divorce difficult problem causes and type, through the current marriage to the legal system to study several typical divorce real estate division of complicated problems and solutions, and divorce in China real estate ownership system and puts forward some legislative judicial blank perfect recommendations.This paper in addition to quotation and the outside, including three parts has more than 26000 words. This article first to a practical case leads in this paper divorce realty ownership analysis in the judicial practice in China real estate ownership when the divorce of complicated problems arising legal reasons, economic reasons and social reasons, introduce divorce real estate ownership of complicated problems in the judicial practice in China in performance type and classification. Again to all kinds of typical tough issues discussed in details and puts forward solutions, finally the current divorce real estate ownership related system of its recommendations. The first part of the problem is put forward. Introduced in this part of the guangzhou intermediate people's court of appeal case a divorce and disputes focus, leads to our country's existing realty ownership when the divorce there exists different problematic issue of reasons, including law is not the same reason, house prices in recent years the rapid rise of the economic reasons, marriage and family are closely linked social reasons. Finally from the different classification Angle induction divorce real estate ownership of the type of complicated problems. The second part is all kinds of typical real estate ownership when the divorce of complicated problems studies, this part of the real estate ownership of all kinds of typical main difficult problems, including mortgage room, parents for their children, the real estate contributive buy a house appreciation income, agreed given real estate, problems left over by history have taken property right card to real estate, room to room property right. The economy is applicable the room property ownership and in line with the existing laws and regulations, and the author's idea and the applicable law legal solution. The third part is perfect our country's divorce realty ownership regulations of Suggestions. This section in the last two parts, and on the basis of the existing legal system from the legislation, and puts forward the advice of the blank.