The Divorce Property Division Problem Research

Since ancient times, Chinese people have the concept of housing so that the importance of houses is self-evident. With house prices rising in recent years, housing in the time of the divorce has become the target of public criticism. Therefore, this paper focuses on the real estate division in the time of the divorce.This paper discusses the characteristics of the property split in the divorce case of disputes. Combined the newly pulished "Marriage Law of judicial interpretation(c)", I made a focus on the following questions:parents for their children purchase funded; ownership of the value-added part of mortgage housing and the repayment of the remaining debt; both husband and wife jointly funded in the housing of the housing reform in the name of their parents.Meanwhile, I combed laws and regulations that adjust real estate legal relationship. Besides, on the basis of foreign mature system, I put forward an initial proposal to the improvement of China’s legislative.This paper includes the following parts:The first chapter is about the matrimonial property system and division of property in divorce. Firstly, I explained the types of matrimonial property system in China. In the following,, side of the contradiction of the matrimonial property system and the real estate registration system, I pointed out the conflict between Marriage Law and Property Law in the application.The second chapter is about the characteristics of the real estate partition disputes and legislative overview. Firstly, I analyzed the characteristics of the real estate partition disputes. These characteristics include the following:property disputes with the identity property and the complexity on the property type and nature. Then,I studied the status of legal rules from the perspective of the legislation and tried to keep them in order. At the same time, I introduced the mature practice of foreign property split with comparative approaches.The third chapter is about the understanding and evaluation of the property partition provisions in "Marriage Law of judicial interpretation(c)". This part basically argued that the innovation of the new judicial interpretation, such as expressly provided for the first time that the real estate which was bought by one party before marriage shall be vested in the property rights registered party, the real estate which was funded by the other parent for their children after marriage and registered in their children shall be deemed the spouse’s personal property, and made clear that the ownership status of housing when both husband and wife jointly funded in the housing of the housing reform in the name of their parents.Meanwhile, this paper pointed out the defect of the new judicial interpretation on the detailed design of specific provisions and fair rules.The last chapter is about proposals to improve legal policy on real estate division. Referred to problems on theory and legislation in the first and third chapter, I made recommendations to improve legal policy on real estate division. Those suggestions include coordination of the Marriage Law and Property Law, addition of considerations and safeguards for property division in divorce as well as the perfection of residency rules.The innovation of this paper is reflected in the following two aspects.Firstly, on the topic selection, this paper concerned about the hot spots of society topic.Combined with a new introduction of the Marriage Law of judicial interpretation,I explored the issues of current concern property split. The reason to study the issue, on the one hand, because housing is often the most valuable part of the jointly owned property, and therefore the focus of controversy between divorce couples. On the other hand, because in recent years, the divorce rate rising rapidly, I hope that this social problem could arise public attention while reminding people operate better marriage.Secondly, on research methods, I focus on a combination of practical research and legislative research. The article detailed finishing our country’s laws and regulations and separately combed them from the legal position and coverage point. This paper focuses on the practical problems, to avoid merely at the theoretical level. Combined the newly pulished "Marriage Law of judicial interpretation(c)", I evaluated its innovative and weaknesses. Besides, I made a focus on the following questions: parents for their children purchase funded; ownership of the value-added part of mortgage housing and the repayment of the remaining debt; both husband and wife jointly funded in the housing of the housing reform in the name of their parents. By exploring these issues, I hope to provide clearer guidelines for the solution of this kind of problem in the judicial pratice.