Research On The Division Of Right To Use House Sites For Divorce

As an important usufructuary right in the Real Right Law,the usufruct of house sites is not only the social security function but also the important property of peasants.In recent years,disputes over the right to use rural homestead have increased gradually,especially in divorce proceedings,where the dispute between husband and wife is usually related to the division of the interests of the right to use the homestead.Although the marriage law and the judicial interpretation of marriage law stipulate the division of the common property of the husband and wife,whether the right to use the house is a common property of the couple,whether it can be divided or not is not stipulated;The legislation related to the land use right system only stipulates the application,use and transfer of the homestead,and does not involve the value division of the right to use the homestead.Therefore,in the judicial practice,the court’s treatment of such cases is often inconsistent,which leads to the different judgment of the same case.This mainly with the current legal policy for the special provisions of the land system,our country law policy too pay attention to the social security function of housing land use right and ignore the attribute of private law rights,its main body status and restrictions on the transfer not only hindered the rural housing and land into economic benefits,also harm the divorced women couple of equal ownership of the house;Similarly,under the "one household and one house" legal system established by the land management law,there are some defects in the acquisition of the right to use the homestead.Therefore,in the field of marriage and family law,some provisions of the current legislation on the right to use the homestead system have seriously hindered the split between the couple’s divorce and the right to use the land.In this paper,based on the realistic problems to couples divorce segmentation as the core topic of housing land use right,in refer to the system of housing land use right,on the basis of related literature and research reports,the specific case in judicial practice through analysis and research,combing out the division of property in divorce of husband and wife,was our right to use house sites in trouble,and puts forward practical methods to solve these problems and path.This paper is divided into three parts: the first chapter is about the legislative status quo and the judicial status quo of the right to use the right to use the divorced homestead.In the second chapter,we will analyze the difficulties in the division of the right to use the residence.The third chapter puts forward the solution and the path on the basis of the division of the right to use the divorce house.