Research On Judicial Application Of Divorced Couples' Division Of Property Rights

As a concentrated expression of the joint property of the husband and wife.with the real estate's value becoming more huge,the house types more sundry,and related interests more complexity,the division of common house has become the focus of divorce.Although the number of cases involving the settlement of shared joint property by lawsuits has generally declined in recent years,it still shows a regionally differentiated distribution with varying levels.of economic development,and cases are diversified and complicated.By studying the referee documents,the disputes concerning the real estate division can be summarized into three points in fact determination:the first issue is housing registration identification,whether the nominal registrant is the real owner of the house;the second issue is the determination of the husband and wife's behaviors,how the couple's unilateral behaviors affects the determination of the property's ownership;the third issue is the problem of the proportion of the property division,how to divide the joint house fairly and justice.In law application,the focus is on the interpretation of the law and the conflict of departmental laws.In order to understand the facts correctly and resolve disputes,it's necessary to carry out a typed analysis of the disputes over the division of divorced couples' joint property.In terms of fact determination,based on the classification of civil juristic acts jointly by the couples,we can discuss in contribution acts,protocol acts,and other civil juristic acts represented by selling acts.Macro-dividing by marriage registration time as a node can sort out the division disputes caused by various civil juristic acts,among which:contribution acts can be divided into full payment and mortgage loan,combining factors such as the form and sources of payment,full payment can be further divided into full payment before marriage and after marriage,mortgage loan can be further divided into three types--down payment and repayment before marriage,down payment before marriage while repayment after marriage,and down payment and repayment after marriage,afterwards discussion on couples' contribution and parental contribution will be held separately;protocol acts can be divided into prenuptial agreement,marital agreement and divorce agreement;selling acts can be divided into selling in the name of oneself and both sides.In terms of law application,based on whether there are legal provisions,the classification is divided into two cases where the parties invoke the different articles in same department law and different department laws.After the type analysis,the legal system for resolving the dispute between the divorce couples' joint property has the following insufficient:in terms of fact determination,because of lacking registration about ownership of joint property in marriage makes it unclear caused by couples' civil juristic acts,meanwhile because of lacking specific considerations for property division makes property division ratio unclear;in terms of law application,because of ambiguity of law language and jagged professional level of judge makes different interpretations about articles and disputes over application of different laws.Because the judicial chaos of "different judgments in the same case" can happen sometimes,revising law is a long-term and complicated process,and the legislative process cannot be accelerated,it's necessary to clarify how to apply existing laws and regulations to provide a clear judicial guidance for first-line judges.In terms of fact determination:in contribution acts,we should clearly define the internal and external effects of property registration,the impact on housing division of personal property portion in property payment,and the true meaning of parental contributions;in protocol acts,it should be preferentially defined as agreed property system,until unjust consequences arise can revocation apply;in selling acts,we should judge whether the actor is consistent with the real right holder and whether the assignee is in good faith;in division joint property,comprehensive consideration should be given to factors such as the duration of marriage and the proportion of investment in house purchase.In terms of law application:in the interpretation of the law,from judges,courts at all levels and the Supreme People's Court to improve the accuracy,correctness,and uniformity of judicial interpretations;in the application of laws,the status law should be prioritized,and property law will take precedence when third parties are involved.