On The Legal Issues Of The Separation Of Property Rights Of Couples When They Are Divorced

With the continuous development of market economy and the reform of the housing system and the ideas of the people constantly updated,the number of divorce cases in recent years showed a rising trend of development,in the case of divorce on the property of the segmentation is accounted for a larger proportion,so visible in divorce cases,the real estate wealth has been the main focus for divorce.In recent years is also one of the difficult problems in judicial practice.The Supreme People's Court on Several Issues concerning the application of the "People's Republic of China marriage law interpretation(three)"(hereinafter referred to as the "marriage law" judicial interpretation of three)after the implementation of the divorce of ownership and mortgage housing in the appreciation of marriage,during the marriage and marital loyalty agreement "" the case,judge problem of this agreement often become the focus of couples compete.Due to the lag of law and legislation The disunity caused in the judicial practice of the local court to unity in understanding,"somesentence" phenomenon,theorists have no unified understanding.Furthermore,due to the lack of existing legal norms and the lack of the "loyalty agreement" to coordinate the relationship between husband and wife.But such a contract whether the effect is still a problem worth discussing.This paper consists of three chapters,the first chapter focuses on the ownership of housing mortgage in divorce cases,and how the value added part of the segmentation,the total of the division of property in divorce,division of housing mortgage loans have accounted for a large proportion of three kinds of identification and segmentation problem this part mainly discusses the problems of housing mortgage,the mainstream view and theory the legislation circles,as well as the author's personal views.The second chapter is the validity of loyalty agreement between husband and wife,on the judgment of the path and the reason of loyalty agreement for common property division,which can be as the main basis for the judge in divorce division of property,alleviate social contradictions,improve treatment in the third chapter.The efficiency of divorce jointly owned by the housing division of legislative proposals,including a total of four modules: first,establish the registration system of marital property,clear The distribution of marital property.Second,perfecting the legislation and judicial interpretation of the provisions,improve the hinder of matrimonial legal sanctions housing division,fill loopholes in the law,solve the conflict between the law.Third,perfecting the legislation and judicial interpretation of the provisions,play the flexibility of the law...