The Settlement Mechanism For The Disputed Ownership Of Divorcees’ Real Estate

At present, the studies on the solutions to divorcee’s real estate dispute are not comprehensive, although <Real Property Law>,<Marrige Law> and relevant judicial interpretations have already taken the legislation on the real estate disputes between divorcees seriously, there is not any fair or effective solution to the various real estate disputes in judicial practice. This essay puts the matrimonial property system and relevant laws as the beginning, researches some common types of real estate disputes, in order to achieve the purpose of settling the disputes well and protecting the property of the weaker divorceeAs a special real estate, an estate is potential to appreciate, the real estate disputes between divorcees appear frequently. Acorrding to the matrimonial property system, there are three forms of divorcees’real estate:estate which equally belongs to both of them; estate which belongs to one of them; estate which proportionally belongs to both of them. Firstly, this essay discusses the evidences and the basic principles to identify the ownership of divorcee’s real estate. In the course of settling these disputes, the principle---"leaving the divorcees autonomic" and "relying on the presumption and credibility of the registration" shoud be followed. Any segmentation should be conducted in the way that doesn’t violate gender equality, that is in favor of the interests of women and children, that is convenient for produce and life. that doesn’t damage the interests of the state and others.Secondly, this essay separately analyzes some common types of divorcees’real estate disputes. This part spares no effort to research the settlements on the real estate disputes, according to the approaches of the different disputes on unmarried cohabitant, real estate purchased by means of mortgage, preferential real estate.In the following part. the essay explores further improvement of our country’s divorce relif system. including the housework compensation system. the system of compensation for divorce damage. The economic aid system. in purpose of realizing the fairness and protecting the weaker divorcee’s real estate interests.The realization of the divorce relief system is in need of proceedings. as a result, it brings some obvious shortcomings while it is used to deal with marrige disputes.In the end, considering the development status of our country and the needs of different communities, it is necessary to establish and improve altertivate divorce dispute resolution, in order to meet current status. It is important to apply the notary system and the people’s mediation system to find an effective solution to divorcees’ real estate disputes and promote the society and families harmony...