The Research On Spouse Property Relations During The Time Of Separation

Marriage is the combination of personal relationship and property relationshipbetween husband and wife. With the continuous development of China’s reform andopening up, people’s marriage values more and more diversified, the personalrelationship between husband and wife has already started to weaken, and theproperty relationship is enhanced, both sides of husband and wife of personal propertyprotection consciousness, to further improve. Therefore, how to adjust the maritalproperty relations, brought to the attention of the theory and practice in our country.In real life, there is bad blood between husband and wife often appear, chooseseparation phenomenon of life. After the separation of marital property, because of asurviving spouse without control, is in a state of uncertainty, the resulting all sorts ofproperty disputes also gradually appear. And, the result of separation has the duality,the property relations between husband and wife is complex and special at thismoment, if processing is not good, easy to intensified the contradiction betweenhusband and wife, accelerating the disintegration of the marriage and family.However, at present our country has not build system of separation, for separation ofhusband and wife property relationship during the period of regulation, also only inthe supreme people’s court (division of property on divorce courts deal with theproblem of some specific advice), there are rules. It can be seen that in practice in ourcountry, to adjust during the separation of husband and wife property relationship, orduring the separation of husband and wife property relationship, as normal during theproperty relationship of marriage, does not take into account the special properties ofthe marital property relations during the period of separation, the unreasonable,unable to effectively protect the personal property of husband and wife during theseparation of rights, but also not conducive to the peace and stability of marriage andfamily.Since the separation is a non normal stage, during the marriage exists that, in thelegislation should be treated differently, establish the matching of legal system andlegal norms. Thus, the separation is only distinguish alone, build system of separation,the separation during the adjustment of the relationship between husband and wifeproperty special, is advantageous to the balance of husband and wife during the periodof separation property rights, safeguard the realization of justice. Therefore, wesuggest that referring to the legislative experience of foreign developed countries, the husband and wife during the separation of property ownership, support andinheritance of debt as well as between husband and wife are appropriate legal norms;Such as setting up property system respectively, both sides of husband and wife cansue to the court, to change between husband and wife property system; Couple of debt,it is suggested that as a personal debt, except the debt caused by legal obligation;Husband and wife during the separation on the succession of suggested deliberatelykeep a certain share, and so on. In this way, but also to supplement the shortage of themarriage and family law in our country, solving the problem of legal application inpractice, reflect the rigorous and justice of law.