On The Partition Of Undocumented Houses In Divorce Disputes

In recent years,with the development of economic and change of social values orientation,a lot of changes have taken place in the concept of marriage life.The divorce rate increased rapidly.According to the statistics of the Ministry of Civil Affairs,China's crude divorce rate has increased from 1.71 per thousand to 2.79 per thousand from 2008 to 2015.This also led to the number of divorce disputes which have been accepted by the court rising.In divorce disputes,the parties will often have a greater dispute on the division of the common property in addition to the emotional problem.As the house has great economic value,the problem of housing segmentation often becomes the difficulty in divorce disputes.With the evolution of China's housing system,the types of houses have had a great variety of forms,such as mortgage housing,housing-reform house,resettlement housing,“small property right house”and so on.While the housing property system in China is not perfect,many houses do not have initial registration of ownership,which makes the identification of property ownership becomes complicated.Correspondingly,legal rules on house segmentation are extremely scarce under the current laws of China.There are few legal rules for the division of houses without rights certificates in the interpret ? of Matrimonial Law.Even in academic research,scholars are also mostly focused on the discussion of the ownership of housing and segmentation.The rules are too general and practical problems are too complicated,so that in judicial practice,judges often have the feeling of one can't make bricks without straw and it is difficult to form a unified referee rules on the same problem,so that there is a phenomenon of common case of different judgments.What is more,some judgment breaks through the provisions of existing laws,such as when the husband and wife reached a separate agreement judges will directly determine the ownership of small property.Which greatly reduce the judicial authority,and is not conducive to the construction of the rule of law.This article attempts to analyze the relevant judicial cases in practice and find the reasons for houses which have no rights certificate.By analyzing the judicial status quo and reasons of the undocumented housing division in the current divorce disputes and combining with practical experience,the author will prepare to propose a relatively consistent referee rule in order to have remarkable effects that include the unity between legal effect and social effect and improve judicial credibility.