Study On Conflict Of Marital Property System And Real Estate Registration

With the increasing complexity of modern life, the situation of couple emotional breakdown is common. Consideration for protection of children emotion and other factors, couples often do not dissolve the legal marriage, but make adjustments to personality and property of spouses rights or obligations by signing a separation agreement. That such a separation agreement is valid or not and what should be its validity analyses are key for this paper. The couple agreed the total real estate for his wife all the party in the separation agreement, but the husband were too late to change the registration of real estate because he died in an accident. Whether the couple should respect the free will of property disposition, or property changes do not occur in accordance with the principles of real estate registration, is the core argument of this paper to describe. Around the inheritance disputes, the author will think about the legality of separation agreement, the conflict of promissory spouse property system and the real estate registration system, whether marital property agreement can confront children and other issues, expecting to bring some references for the discussion of similar cases in theory and practice.This paper is about20,000 words, and the main body includes three parts. In the first part, the author introduces the basic facts of the case, and briefly restate the verdicts and reasons of first instance and second instance. The second part clarify the important point of the court proceedings, and the author make clear the property of separation agreement, the priority of Property Law and Marriage law, whether the agreement about internal property between husband and wife belongs to property changing situations caused by legal acts. The third part is about some other issues that may affect the judgment of the case. The author analyzes the elements which may influence the effectiveness of the separation agreement, whether the dispose of mortgage real estate between husband and wife is valid, the priority protection of people who have registered their rights and people who have the true right, whether marital property agreement can confront children, the boundary between marital property and children’ property, whether the case can apply to the universal succession. And the author analyzes the relationship of these and the case.