Research On The Property Division Question In Divorce Cases

From a sociological point of view, since ancient times, the family is the basic cell of society, is composed of a basic unit of social production and life. Marital relationship (marriage), are generated and the foundation of the family, is important for couples living together is indispensable and cannot be avoided.With the development of economy and society, as well as July2011, Supreme People’s Court on the application of People’s Republic of China marriage law problems of interpretation (iii) issued, The introduction of the division of jointly owned property in the divorce, especially the division of the property became the focus of media attention, and become the most crucial problems of the real-life divorce disputes.Attendant is in real life, the emergence of a new wave of real estate license plus the hot phenomenon. New marriage law interpretation of the (three), although the content and further improved the system of separation of property of the spouses, implications for trials of the judicial practice has a strong, but because of the real-life complex, current legal provisions and cannot be fully covered and applicable to life appears in the property relations of the spouses. Therefore, the Division of property in divorce proceedings is necessary to study.Besides Chinese abstract and conclusion, including three chapter. On the classification of real estate, financing and ownership forms, there are dozens of classes in the social practice. Because of the limited space, this only select actual life and the justice practice in the disputed more and appears frequency higher of several real estate funded and the ownership forms, through to couples by purchase etc. type, and forms and real estate registration ownership people phase combined of way,step by step, from typical cases in judicial practice, legal analysis, defects and improvement in three aspects, one by one of the couples joint property in the divorce property division and property belonging to that question to conduct the analytical study.