Property Ownership And Division In Divorce Proceedings

With the social development and economic growth, people’s concept ofmarriage has changed a lot. Due to the demand of pursuing well-being and notyielding to the imperfect marriage, they have got used to divorce. According to thestatistics, nearly489,000couples went to the department of Civil Affairs to getdivorces in the Year2000, which has exceeded2,400,000in the Year2013at thespeed increase of100,000couples every year. The increasing number of divorce leadsto the rapid growth of the related disputes, among which property ownership anddivision becomes a hot spot.This paper mainly discusses the advantages and disadvantages of propertyownership and division in civil law especially in marriage law from the confirmation,transformation and division of couples’ properties. In the end, suggestions will begiven according to the previous discussion. The paper comprises of the following fourchapters.Chapter One mainly introduces the property systems and division during thedivorce proceedings, which lays theoretical bases for the discussion. It gives a generalidea of conjugal relation, property relation, personal relation and changes afterdivorce, listing the principles and regulations of civil law and marriage law.Chapter Two looks back to views on property division among foreign countriesand districts. It compares the regulations of property division in Germany, Americanand other countries’ law.Chapter Three mainly discusses the advantages and disadvantages of propertyownership and division of China’s law. On one side, it lists the legislative andpractical progresses of marriage law. On the other side, it points out the shortcomingsin concept of marriage, conjugal property system, marriage customs, confirmation andtransformation of property division, ways of division and etc.Chapter Four gives some legislative suggestions to improve the propertydivision regulation of marriage law, which include informing the property that can bedivided before divorce, confirming the ownership and way of division of property increment and etc.The distinctive part of this paper lies in the whole discussion before, among andafter divorce proceeding while other papers only point at several separate parts ofproperty division. Hope the paper with the discussions and investigations will helppeople treat marriage and divorce in a more serious way and solve the disputes duringdivorce proceeding.