Study On The Division Of Property In A Divorce Action

In recent years, with the development of economy and society, marriage and family dispute cases showing a rising trend. Dissolution of the marriage, leading to dissolution of the marriage and cohabitation between the two sides, increasing client demand for housing. In the current high property prices, real estate more and become the property of property relations between husband and wife in the most important form of social background, divorce parties scramble for real estate near white-hot, property Division in divorce proceedings the parties dispute the maximum focus.Segmentation for fair divorce, matrimonial property, our legislature in2001, amendments were made to the Marriage Act, the Supreme People’s Court in June,2001,2011has published three related judicial interpretations. But because China’s housing policy has gone through stages of welfare housing subsidies, housing reform, housing, coupled with diversification of the forms of the purchase, ownership and its complex, problems in the process of property Division in divorce proceedings there is no clear legal provision. For some of the disputed property disputes in divorce cases, varies around the Court in treatment, significantly affect the authority of the law. This article proposed by analyzing the different types of property Division in divorce proceedings, and attempt to property Division in divorce proceedings from the height of the legislative recommendations, with a view to improve the relevant system help.This paper not including introduction, conclusion and has three parts.First part:marital property in the determination of the type and ownership of the property. Property type in the property through a rational division of a wife, finds real estate property rights, laying the foundations for later.Part II:different types of property Division in divorce proceedings. Segmentation analysis of different types of property in a divorce action, provide a reference basis for judicial practice.Part three:Perfecting the legislative proposal on property Division in divorce proceedings. Proposed addition of matrimonial property in a divorce property Division registration system, the practice of cases guiding system, legal measures of improving the Division of property between husband and wife.