Study On The Identification Of Ownership Of Housing Between Husband And Wife

Housing is an important part of private property, it is the important composition of thefamily life and family property. In recent years, the issues of housing were disputed more andmore fiercely. The problems of the housing ownership between husband and wife are not onlyrelated to the couple’s property rights, and these impact harmony and stability of marriageand family relations, but also related to the interests of bona fide third. Research of propertyattributive problems between husband and wife has important practical significance. Whenrelated to specific problems, the author will combine the way,time and sources of funding ofobtaining housing, and own characteristics of the housing, apply the marriage law andproperty law’s legislation philosophy and the basic principle, in order to find the generalrules or standards to identify ownership of housing, as to clarify the application of themarriage law and property law.The thesis consists of five parts. At the first part, from China’s urban residents housingsupply, this thesis clarifies the problem that what kinds of housing relate property right, andwhat kinds of housing do not. According to the different methods of housing obtaining, andput forward the main problems that the housing ownership identification between husbandand wife and the protection of the third person’s rights. The second part introduces thematrimonial property system of China. The thesis analyzes the ownership of housing underthe statutory regime as to marital property and the contractual regime as to marital property.The third part, the thesis introduces regulations of the housing ownership in marriage law andproperty law. The fourth part mainly discussed the principles and basis of identification tohousing ownership between husband and wife. The principle of community of property aftermarriage should be the most important principle, and the principle of public notification andpublic trust of property law is auxiliary principle. As the identified basis of ownership ofhousing between husband and wife, registration of property rights is the main basis forjudging housing ownership, but the purchase funds sources, the time to obtain property rights,the house purchase time also have impaction on the judgment of housing ownership. In thefifth part, for the housing problems between husband and wife, the author puts forward ownviews combining the latest marriage law of judicial interpretation (3),The thesis mainly uses the following research methods: Firstly, the value researchmethod. On the analysis of the problems, this thesis always follows the value and the idea ofthe marriage law, not only limited to specific regulations but also pursuit the value of law.Secondly, the comparative research method. The author will make reference to the provisionsof other countries and regions, and learn from the beneficial experience of these countries and regions, combined with China’s reality to analyze and solve problems. Thirdly, the genderanalysis method. When carrying out studies on specific issues, social gender analysis methodis introduced to the study of marital property ownership. The thesis will concern about thesocial and cultural differences based on gender physiological differences, in order to balancethe interests between the husband and the wife.