Legal Research On House Property Division For Divorced Couples

With the increasing divorce rate in our country,the number of divorce caseshas increased enormously.In the adjudication of divorce cases, dissolutionof marriage is becoming no more the key point, however, except for the childraising problem, the division of real estate-house property is the mostimportant problem concerned by the divorced couples, while the house propertyworth much and always takes a huge proportion of the community property.Therefore, how to divide the house property is becoming a focus question inthese divorce cases. The family law, which has been revised on April,2001and three legal interpretations of the family law enacted by the supreme courthas provided a legal basis for the division of divorced couple’s property.But in practice, the couples are always unable to reach an agreement on thisproblem under a debatable and lack of proof situation. As a result, there isa certain difficulty in house property division problem during the trial.In the first chapter, the definition of couple community property accordingto the family law is presented. The community property of couple’s is aprecondition for the house property division. When the property belongs toone party, there is no division problem. And an introduction of distributionprinciple and method are also presented in this chapter.In the second chapter, it mainly introduces the sort and method of houseproperty division related to divorce case in judicial practice and presentthe problem under six situations: type of property, nature of property right,ordinary commercial house, and housing sold on the basis of housing-reformpolicy, rural housing and etc. In the third chapter, it mainly analyses common questions which are usuallyraised in the divorce cases, for example, the identification of contributivepercentage to the house of each party, house owning condition of each party,which make it more difficult in hearing the case.In the forth chapter, in order to perfect and develop the operability ofthe existing law, it mainly offers advices in respect of establishingpremarital house property registration and marriage property inquiry,increasing awareness of self protection in property interest and etc. throughadopting legislation in marital property system and system of contract inforeign countries and contacting with the reality of our country. And thesemay be helpful to reduce disputes, which are caused by division confusionof house property.