Research On The Division Of Real Estate In The Interpretation Of Marriage Law(?)

In recent years,the divorce rate in China has been rising steadily.In addition,the development of the real estate industry has continued to heat up,and housing prices have remained high.Property division caused by divorce has undoubtedly become the focus of judicial trials,and real estate division is the most concerned part of the public.With the continuous development of the society,the types of real estate and the mode of buying houses have begun to become diverse,which has added a lot of difficulties to the judicial trial.How to determine the ownership of the property between husband and wife,how to properly and legally divide the property after divorce can be effective Protecting the legitimate property rights of both husband and wife is an urgent problem to be solved.The Supreme People's Court's Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China(III)(hereinafter referred to as the Interpretation of Marriage Law(III))was introduced under this social background.The judicial interpretation supplements the special circumstances of the division of real estate in divorce proceedings,mainly involving the distribution of property between husband and wife,the purchase of property by parents for their children,the division of property for a pre-marriage loan purchase,and the division of the sale of a joint house by the arbitrarily.Although the judicial interpretation provides clear rules on how to divide the property division at the time of divorce,it pays attention to the protection of personal property in judicial practice,thus avoiding the proliferation of social unhealthy ethos such as "big money" and "soft food".To the role of purifying the social atmosphere,but because the provisions of the law ignoring the identity attribute and legislative purposes of the "Marriage Law of the People's Republic of China"(hereinafter referred to as "Marriage Law"),the lack of attention to the particularity of marriage and family relations,induced many marital instability Factors have led to constant skepticism in all walks of life.For example,if both parents jointly fund the purchase of a house for their children,but the registration book is registered with the name of one of the husband and wife,according to the judicial interpretation,the property should be shared by the share,according to the specific share of the parents' contributions.Obviously,this approach is contrary to the legislative concept and purpose in the Marriage Law,denying that the property after marriage should belong to the basic principle that both husband and wife are jointly owned.For any of the spouses without the consent of the spouse,the stipulation of the sale of the spouse's shared house is obviously inclined to protect the legitimate interests of the buyer,while ignoring the protection of the legitimate property rights of the seller's spouse.This kind of regulation that pays too much attention to protecting the buyer's good faith acquisition behavior,while following the basic rules of the Property Law of the People's Republic of China(hereinafter referred to as the Property Law),has fully played an important role in protecting the security of transactions and maintained a normal market.The order of transactions,but it has caused the imbalance of protection of ownership and transaction security,and also created many unfavorable social contradictions while resolving contradictions.From this,it can be concluded that the Judicial Interpretation Regulations on the Division of Real Estate in the Interpretation of Marriage Law(III)still have many problems in judicial practice that need further improvement.This is also the focus and foundation of the research.I hope that through research and discussion,I can find Out of the deficiencies in judicial practice,solve the loopholes in real estate segmentation as soon as possible,and provide powerful help to improve China's real estate division system.