The Divorce Real Estate Property Dispute Law Studies

With the further development of our socialist market economy, people’s concept of marriage and family also changed accordingly.In recent years, around the court divorce case volume increases, the vast majority involves the division of property, based on the social and economic development level in our country, real estate as an important part of the family property, is the basic guarantee of family life, in the current larger proportion of the value of the divorce case, so property disputes become the focus of the divided family property in a divorce case.But in real life, building property right exist in various forms, which makes the dispute of property in a divorce case is often the most complex.Based on Mr Xue and Miss Zhang divorce dispute cases as a guide, the main issue in the analysis of the case at the same time, discusses the legal problems of difficulty in divorce property disputes, basic principles and methods, and combined with the supreme people’s court has issued "the marriage law interpretation(3)" cause social widespread debate mortgage housing disputes, mortgage house value-added part of the dispute, in the name of the one party parents enough room changes room of divorce disputes and property is a gift to the study on minor children a few questions.At the same time, real estate disputes, divorce in China related laws and regulations of the two perfect Suggestions are put forward.This article contains the content as follows:The first part: the problem is put forward.This part first analyzes Mr Xue and Miss Zhang of divorce dispute cases of divorce agreement to the terms of the real estate donate minor children may unilaterally cancel the disputed points, then lead to our country present stage real estate disputes in a divorce case law system of social causes and the reasons of causes two points.The second part: the divorce property disputes legal issues of the theoretical analysis.This part on the one hand, the difficulties of property in divorce dispute from its nature, conflict of laws as well as the specific situation in our country, three aspects are analyzed;The other simple introduce divorce property disputes in the treatment of the parties shall be in accordance with the following intend principle, fair principle and taking care of principle.The third part: the typical type of divorce property dispute.Specific provisions of the ministry is a typical case in four types of real estate disputes are analyzed, and put forward the thinking about the problem.Mainly have to buy a house before marriage and after marriage common payment problem of housing ownership, mortgage room value-added part of the split problem during the marriage, husband and wife jointly buy room changes room in the name of the one party parents to participate in the dispute and the dispute of divorce agreement donate minor children room.The fourth part: the Suggestions of perfecting our country’s divorce property dispute problem solving system.This part firstly combined with the content of the rest of the paper puts forward two points the shortcomings of the existing legal norms, in according to the lack of perfect on the learning and thinking, the author puts forward two Suggestions.In order to better solve the divorce as a real estate dispute their offer help.