Research On The Housing Division Of Marital Property Division

The promulgation of "the explanation of some issues (c) on<the Marriage Law of the People’s Republic of China>", which is referred to as "The explanation (c) of the Marriage Law" below, has led to widespread concerns on the house issue in the divorce property division again. House is the necessaries of marriage. The combined influence of market and economy rises the price of houses, which made it become the most important and valuable property in the marriage. The division of property caused by divorce, especially housing, is related not only to the harmony of families, but also to the social stability. Therefore, the real estate division has become a hot topic, which has also been focused in court. However, the law that we can refer to are only the Marriage Law and judicial interpretations. Because the defects and problems of the legal system, we cannot completely solve a variety of complex problems. So it is necessary to discuss the real estate division in divorce cases.The article will start from the judicial practice, which is based on existing laws, such as "Marriage Law","Property Law", and combined some foreign laws. Several types of housing division that often occur in the divorce cases will be analysed. Moreover, the legal relationship and the topic that combined with the division system would be clarified.Except the introduction and conclusion, this article could be divided into three parts.In Part Ⅰ,according to relevant provisions on the housing ownership and housing division of the "explain (c) of the Marriage Law", the most common and controversial housing segmentation from the cases that appear in the recent years has been summarized. This part will also clarify the relationship between the marital property system and the property divisions. Combined with matrimonial property system in China, mentioned houses in part I would be identified.In Part Ⅱ, system of the division of property has been discussed. The reasonable and desirable provisions of "explain (c) of the Marriage Law" are stated to put forward a few problems. Moreover, combined with some foreign laws, analytical comments have been given.In Part Ⅲ, new problems from the provisions of the new regulations have been presented. It is hoped that referenced recommendations could be provided by the analyzing, especially on housing division practice and institution.