Primary Study On Identification Of Ownership And Division Of Matrimonial Joint Housing On Divorce

The change of personal relationship between couples caused by divorce is quite simple,while the change in property relationship is much complicated.With the continuous warming of the real estate market in China,the price of commercial housing has risen sharply,and real estate has become the most important property and extremely important content in the common property to most ordinary families.Its cognizance and division in divorce has also been a prominent issue in judicial practice.The current treatment of matrimonial joint housing in China is included in the type of husband and wife's common property,and there is no special regulation on it.However,currently,almost every divorce lawsuit to divide the common property must involve the house.In present situation of property division,only generality stipulation of the division of husband and wife's property has lagged behind,it is necessary to analyze and confirm the real estate of husband and wife which have many kinds of situations in practice,in order to establish a more comprehensive and proper practice rules that can be well used on the determination and division of the common house during the divorce.This article carries on the discussion through three parts:The first part is the cognizance of matrimonial joint housing,with summarizing the meaning and the type of the common house,as well as the dispute question in present legislation,and carries on the analysis accordingly,with puts forward the author's point of view.The second part draws lessons from the United States,Germany and France on the division of property and housing treatment system in divorce,expounds the principles and methods of dealing with the division of common houses in divorce in our country,and puts forward the related difficult problems to do analysis and discussion.The third part is based on solving the difficult problems existing in the cognizance and division of common houses in practice,and puts forward some legislative suggestions,including the addition of matrimonial property registration system,increasing the residence right regulation,and perfect the content of the legal sanction that hinders the division of the matrimonial joint housing.It is expected that this paper will be helpful to properly handle the common house identification and house division problems which are common and concentrated in divorce disputes in practice.