A Study On The Legal Application Of Homestead House In Divorce Proceedings

In the divorce proceedings,the relationship between husband and wife is broken,the raising of children and children,and how to deal with the debts and debts of the husband and wife are the main points of dispute in judicial practice.Rural homestead houses are difficult to judge in the case,mainly due to the special nature of the homestead.All first land ownership of collective organization,the villagers the right to use house sites only,acquisition of housing land use right and very complex,at the same time are applied in the name of "home" for,including ancestors application or family members to apply for husband and wife,etc.,without legal procedures facts or even have a right to use house sites.According to the principle of "to go along with the room",not sure of the subject of housing land use right,plus the case the parties to the acquisition of housing land use right and house construction proof can't wait for a reason,causes in the judicial practice that ownership of the above-ground housing difficulties.This article mainly focuses on the case parties in the divorce proceedings to split the right to use the foundation and the houses on the ground,and the judge is applying the law in handling such cases.In this article,through sorting out the rural housing land use right and the property nature of the building,mainly in the form of case will divorce in the judicial practice handling asean-involved house-site in the countryside house several law applicable to the situation of segmentation,including segmentation,the applicable law of housing land use right clear the ownership of husband and wife common property case applicable law,the homestead housing rebuilding,build and segmentation of applicable law,the homestead as applicable law application situation divided by the first generation,and the land belong to illegal structures in the judicial practice is how to deal with.Homestead housing several request for the division of situation through lawsuit,can intuitively sense,and the housing land use right exists as hard for you,is because the parties failed to provide effective evidentiary materials,especially the housing registration system of house-site in the countryside has not been established in our country,lead to the uncertainty of its ownership.Therefore,in the end of the article,the establishment of the rural homestead housing registration system to clarify the housing authority of the homeowner.At the same time,it is recommended to give the Supreme Court case guidance function and unify the rules.