Study On The Legal Issues Of Divorce Property Division

With the development of economy and the improvement of living standards,more and more people in the hands of the property value,more and more complicated,and awareness of the rights of the parties in a divorce due to significantly enhance the division of matrimonial property disputes are more and more,the law people division of the common property of the husband and wife have extensive attention.Therefore,the author thinks it is necessary to sort out and analyze the relevant legal issues of marital property division.In order to study how to better protect the legitimate rights and interests of the parties involved in the case of divorce property,this article is divided into the following chapters.In the first chapter,the author analyzes the general situation of marital property division.In this chapter,the author discusses the connotation of marital property division,the principle of marital property division,the scope of marital property division and the specific way of marital property division.Property division,which includes not only the division of matrimonial property,but also including the conjugal debt burden;marital property is usually caused by divorce disputes,but also has the marital property division.The division of property between husband and wife should not only comply with the specific provisions of the law,but also need to comply with the basic principles of the separation of husband and wife property determined by law,which makes it easy for the judge to find out when there is a legislative gap.Clear the basic principles of the division of marital property,but also need to understand the specific method of the division of marital property,the theory and practice of specific segmentation mode to understand and use the basic consistent,using appropriate segmentation method is more convenient for the court to effectively solve the family conflicts,maintain social harmony and stability.The second chapter to the sixth chapter,the author analyzes the current several new or controversial division of matrimonial property,focus on equity,human capital,intellectual property limited segmentation anticipated interest,mortgage housing,network virtual property as the common property of the spouse.Study on the legal issues related to the new type of community property,not only conducive to perfecting our marital property system,but also conducive to the establishment of a unified standard in the judicial practice,but also to fully protect the legitimate rights and interests of the parties,to prevent divorce caused by injustice.